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07-10-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,N�.B MAYOR LOUIS R.JONES,Bayside-District 4 SQS� Cy VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 e 6 ,p, Gip JESSICA P.ABBOTT,Kempsville-District 2 O ' 4 G� M.BENJAMIN DAVENPORT,At Large 0, t \ ROBERT M.DYER,Centerville-District I U \- rY BARBARA M.HENLEY Princess Anne—District 7 "¢ SHANNON DS KANE,Rose Hall—District 3 'I s ~/ +� JOHN D.MOSS,At Large '*, _ , ° JOHN E.UHRIN,Beach—District 6 ou. M"'s"* ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CIT YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REML4S E-MAIL:CITYCOUNCIL@vbgov.can CITY CLERK-AMANDA BARNES July 10, 2018 MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. SHORT TERM RENTAL-Discussion City Council II. CITY MANAGER'S BRIEFINGS A. POLICE DEPARTMENT MID-YEAR REPORT Chief James A. Cervera-Police B. HOUSING RESOURCE CENTER UPDATE Andrew M. Friedman, Director- Housing and Neighborhood Preservation C. SPORTS CENTER COMPREHENSIVE AGREEMENT Ronald H. Williams, Jr., Deputy City Manager D. PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL Steven R. Cover, 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 Louis R:-Jones_ B. CITY COUNCIL ROLL CALL - - C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Kim Hodges Pastor, Lynnhaven Colony Congregational Church, United Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION July 3, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. GENERAL ASSEMBLY RESOLUTION COMMENDING WILLIAM D. SESSOMS, JR. Delegate Barry Knight 2. PARKS and RECREATION MONTH Michael Kirschman, Director I. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT initiatives and opportunities re make the City a Livable Community for All Ages 2. Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for Speakers at City Council Meetings 3. Resolution to SUPPORT the City's 2018 Applications for the Virginia -Department- of Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 re improvement projects for General Booth/Oceana Boulevard Intersection; General Booth Boulevard; Laskin Road Phase III;-and First Colonial Road 4. Resolution to ENDORSE the Interstate 264 Town Center-Pembroke Signs and AUTHORIZE reimbursement of costs re sign modification 5. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation Virgina for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First Landing Monuments 6. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and Refunding Bonds not to exceed $85-Million by the Virginia Beach Development Authority (VBDA) re Westminster-Canterbury on Chesapeake Bay 7. Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III and ACCEPT/APPROPRIATE $2,914,976 from the Virginia Department of Emergency Management (VDEM) 8. Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD) Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re contractual services, repair and maintenance 9. Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of Emergen Management (VDEM) to the Office of Emergency Management's Operating Budget re medica friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match 10. Ordinance and Resolution re SPORTS CENTER: a. TRANSFER $3.5-Million from Dome Site Entertainment Venue CIP to Central Beac and Convention Districts Parking CIP b. AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement J. PLANNING 1. ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC. for Modification •f Conditions re group home at 5677 Herbert Moore Road(Approved April 16, 1979) DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 2. ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem Road (Approved November 27, 1990) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. JOHN S. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG-' Agriculture to Conditional R-10 Residential at 2313 Treesong Trail DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. J AND B DESIGN, INC. and VILLAGE SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. THE LASH CEO, LLC and SIFEN DEVELOPMENT COMPANY, INC. for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at 571. Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. HALLE PROPERTIES, LLC and GOPA THREE, LLC for a Conditional Use Permit - automobile repair garage at 620 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE 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 07/10/2018 jag I. CITY COUNCIL'S BRIEFING - Conference Room - 2:00 PM A. SHORT TERM RENTAL —Discussion City Council II. CITY MANAGER'S BRIEFINGS A. POLICE DEPARTMENT MID-YEAR REPORT Chief James A. Cervera—Police B. HOUSING RESOURCE CENTER UPDATE Andrew M. Friedman, Director- Housing and Neighborhood Preservation C. SPORTS CENTER COMPREHENSIVE AGREEMENT Ronald H. Williams, Jr., Deputy City Manager D. PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL Steven R. Cover, 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 Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Kim Hodges Pastor, Lynnhaven Colony Congregational Church,United Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION July 3, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. GENERAL ASSEMBLY RESOLUTION COMMENDING WILLIAM D. SESSOMS, JR. Delegate Barry Knight 2. PARKS and RECREATION MONTH Michael Kirschman, Director cfitakapAcs 1a 9l' r(� 'iis S,ej OF OUR NM' 1,,, rortamcatton Whereas: Parks and recreation programs are an integral part of the City of Virginia Beach with 2:7 parks andparkfacilities, seven community recreation centers, 7,069 acres of parkland and or space;and Whereas: Sixty-one percent of the community resides within a half-mile walkto a parr and Whereas: Barks and recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens, programming active and passive activities for citizens, and contributing to the economic and environmental well-6ein of our community;and Whereas: Barks and recreation is an integralpart of our Council's vision, contributes to the achievemet#t of the goals in the Sustainability Plan, and supports the urban cForest Management Plan;and Whereas: Parks and recreation programs provide therapeutic recreation and inclusion services fcr individuals with cognitive or physical needs;and Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction;and Whereas: Parks and natural areas improve water quality, assist with storm water and sea level rise, improve the quality of the air we breathe, and produce habitat for wildlife;and Whereas: Parks and natural areas and open space provides a place for children and adults to connect with nature and recreate outdoors;and Whereas: The Parks and Recreation Department is a CAM Accredited agenry. Now, Therefore, I,Louis 1R.,Jones, Mayor of the City of Virginia Beach, do hereby proclaim: July 2018 cParks and Month 1. In Virginia Beach, and encourage all citizens, city members and civic organizations to join me in supporting our Parks and Recreation programs 6y visiting a community recreation center,parkor natural area. In Witness'T44 ereof, I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia, to 6e affixed this Third day of July, Two Thousand Eighteen. Re2104.0.4., Louis R Jones Mayor I. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT initiatives and opportunities re make the City a Livable Community for All Ages 2. Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits fo Speakers at City Council Meetings 3. Resolution to SUPPORT the City's 2018 Applications for the Virginia Department o Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 r; improvement projects for General Booth/Oceana Boulevard Intersection; General Boot Boulevard; Laskin Road Phase III; and First Colonial Road 4. Resolution to ENDORSE the Interstate 264 Town Center-Pembroke Signs and AUTHORIZ reimbursement of costs re sign modification 5. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation Virgini. for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First Landing Monuments 6. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and Refundin;. Bonds not to exceed $85-Million by the Virginia Beach Development Authority (VBDA) r; Westminster-Canterbury on Chesapeake Bay 7. Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III an. ACCEPT/APPROPRIATE $2,914,976 from the Virginia Department of Emergency Managemen (VDEM) 8. Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re contractua services, repair and maintenance 9. Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of Emergenc Management (VDEM) to the Office of Emergency Management's Operating Budget re medicall3 friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match 10. Ordinance and Resolution re SPORTS CENTER: a. TRANSFER $3.5-Million from Dome Site Entertainment Venue CIP to Central Beach and Convention Districts Parking CIP b. AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Support Initiatives and Opportunities to Make the City of Virginia Beach a Livable Community for All Ages MEETING DATE: July 10, 2018 • Background: The global population of people aged 60 and over is expected to grow from 600 million in 2000 to almost 2 billion by 2050. In the United States, the population of people aged 65 and over is expected to grow from 35 million in 2000 to 88.5 million by 2050, taking the total share of the 65 and over population from 12 percent to 20 percent of the total population. The baseline for a truly livable community for all ages is how well those individuals over 60 years of age are able to thrive in the community. Research shows that Americans overwhelmingly want to remain in their homes and communities as they age. Access to quality health care and long-term services and supports is essential for all individuals to live in their homes and communities. The World Health Organization has partnered with the AARP to establish a Network of Age-Friendly Communities, which recognize that towns, cities and communities have different needs, resources, and varying capacities to engage their resources to take action to facilitate livable communities for all ages. • Considerations: The attached resolution expresses the support of the Council for initiatives and opportunities to further efforts to make the City a livable community for all ages. The resolution also directs the City Manager to promote and encourage policies supporting healthy aging. • Public Information: Normal Council agenda process. • Attachments: Resolution REQUESTED BY COUNCILMEMBER HENLEY REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION TO SUPPORT INITIATIVES AND 2 OPPORTUNITIES TO MAKE THE CITY OF VIRGINIA 3 BEACH A LIVABLE COMMUNITY FOR ALL AGES 4 5 WHEREAS, the global population of people aged 60 and over is expected to grow 6 from 600 million in 2000 to almost 2 billion by 2050; and 7 8 WHEREAS, in the United States, the population of people aged 65 and over is 9 expected to grow from 35 million in 2000 to 88.5 million by 2050, taking the total share of 10 the 65 and over population from 12 percent to 20 percent of the total population; and 11 12 WHEREAS, the baseline for a truly livable community for all ages is how well those 13 individuals over 60 years of age are able to thrive in the community; and 14 15 WHEREAS, research shows that Americans overwhelmingly want to remain in 16 their homes and communities as they age; and 17 18 WHEREAS, access to quality health care and long-term services and supports is 19 essential for all individuals to live in their homes and communities; and 20 21 WHEREAS, access to transportation is an important component of a livable 22 community for all ages; and 23 24 WHEREAS, reduced mobility leads to 15 percent fewer trips to the doctor, 59 25 percent fewer shopping trips and visits to restaurants, and 65 percent fewer trips for 26 social, family and religious activities; and 27 28 WHEREAS, the World Health Organization (WHO) has developed a Global 29 Network of Age-Friendly Cities and Communities to encourage and promote public 30 policies to increase the number of cities and communities that support livable 31 communities for all ages and thereby improve the health, well-being, satisfaction, and 32 quality of life for everyone in that community; and 33 34 WHEREAS, active aging is a life-long process, whereby the development of a 35 livable community for all ages is not just "elder-friendly" but also intended to be friendly 36 for all ages; and 37 38 WHEREAS, the WHO has noted that "making cities and communities livable for all 39 ages is one of the most effective policy approaches for responding to demographic aging," 40 and 41 42 WHEREAS, the WHO has developed eight domains of community life that 43 influence the health and quality of life: 44 45 1 . Outdoor spaces and buildings — accessibility to and availability of clean, safe 46 community centers, parks, and other recreational facilities; 47 48 2. Transportation — safe and affordable modes of private and public transportation, 49 "Complete Streets" types of initiatives, hospitable built environments; 50 51 3. Housing — wide range of housing options for residents, and other home 52 modification programs, housing that is accessible to transportation and community 53 and health services; 54 55 4. Social participation — access to leisure and cultural activities; opportunities for 56 residents to participate in social and civic engagement with their peers and both 57 older and younger people; 58 59 5. Respect and social inclusion — programs to support and promote ethnic and 60 cultural diversity, programs to encourage multigenerational interaction and 61 dialogue, programs to combat loneliness and isolation among all residents; 62 63 6. Civic participation and employment — promotion of paid work and volunteer 64 opportunities; opportunities for residents to engage in the formulation of policies 65 relevant to their lives; 66 67 7. Communication and information — promotion of and access to the use of 68 technology to keep all residents connected to their community, friends and family, 69 both near and far; and 70 71 8. Community support and health services — access to homecare services, clinics, 72 programs to promote physical exercise and healthy habits); and 73 74 WHEREAS, the WHO has partnered with the AARP to launch a Network of Age- 75 Friendly Communities (NAFC), which recognize that towns, cities and communities have 76 different needs, resources, and varying capacities to engage their resources to take 77 action to facilitate livable communities for all ages; and 78 79 WHEREAS, communities that join the NAFC commit to actively work to make their 80 communities a great place to live for people of all ages; and 81 82 WHEREAS, as of June 1 , 2018, more than 250 communities in the United States, 83 including five localities in the Commonwealth of Virginia have joined the NAFC; and 84 85 WHEREAS, the City, in collaboration with the Virginia Beach Mayor's Commission 86 on Aging, Senior Services of Southeast Virginia, , the Virginia Beach Department of Public 87 Health, the Mayor's Youth Leaders in Action, AARP of Southeast Virginia, and other 88 members of the community are committed to making the City a great place to live for 89 people of all ages; 90 91 NOW, THEREFORE, BE RESOLVED THAT THE CITY COUNCIL OF THE CITY 92 OF VIRGINIA BEACH, VIRGINIA, THAT 2 93 94 1 . The Council supports initiatives and opportunities to further efforts to make the 95 City of Virginia Beach a Livable Community for All Ages. 96 97 2. The City Manager is directed to promote and encourage policies supporting 98 healthy aging, including submitting an application to register the City in the 99 Network of Age-Friendly Communities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. AP - = • D AS O LEGAL SUFFICIENCY: _ _ City Attorneys office CA14467 R-1 June 8, 2018 3 C u n_ °i x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Adopting a Revised Policy Pertaining to Time Limits for Speakers at City Council Meetings MEETING DATE: July 10, 2018 • Background: In 2003, the City Council adopted a policy entitled, "Time Limits for Speakers at City Council Meetings." The policy applies to persons who wish to speak to the City Council during Council meetings. It originally provided for public comment only on items included in the Council's agenda for a meeting. In 2004, the City Council amended the policy to allow public comment on items that are not on the agenda. Public comment on non-agenda items is allowed at the end of the first formal session of each month. The current policy requires speakers to register with the City Clerk prior to the beginning of a meeting, but it also provides that the "inadvertent failure" to register does not disqualify one from speaking. That exception has resulted in distractions during most Council meetings in which persons who arrived late or only decided to speak after the meeting had begun walk from the audience seating area to the edge of the dais, speak to the City Clerk, determine which agenda items they wish to address, fill out cards, and return to their seat, all while the meeting is underway, and often while other citizens who registered in advance are attempting to speak to the Council. Amending the policy to require speakers to register prior to the beginning of the meeting would help eliminate unnecessary distractions for those speaking to the Council, citizens in the chambers and those watching online and on TV, and the Council and staff. • Considerations: During their retreat earlier this year, the City Council discussed the merits of making this change. Chesapeake and Portsmouth require registration prior to the opening of their meetings, and Norfolk requires registrationl0 minutes prior to the start of its meetings. The effective date of the ordinance and policy change is August 1, 2018. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance, Revised Policy Requested by Vice Mayor Wood REQUESTED BY VICE MAYOR WOOD 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY 3 PERTAINING TO TIME LIMITS FOR 4 SPEAKERS AT CITY COUNCIL MEETINGS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled 10 "Time Limits for Speakers at City Council Meetings," which has been exhibited to the 11 City Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this day of July, 14 2018. APPROVED AS TO LEGAL SUFFICIENCY: S„, City Attorney's Office CA14483 R-1 July 2, 2018 -ti,...i,.9. (L.,. City Council Policy Title: Time Limits for Speakers at City Council Meetings Date of Adoption:March 11,2003 Dates of Revisions:September 14,2004 Page 1 of 3 March 27,2007 February 12,2008 March 24,2009 1.0 Purpose and Need The purpose of this policy is to provide reasonable,workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b)The applicant, or representative of the applicant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant(as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2)Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. (1)Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non- televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed three (3) minutes. (c) No more than three (3) speakers may speak on the same non-agenda topic at the same meeting. The first three(3) speakers who register with the City Clerk will be called to speak. (d) If more than three (3)speakers request an opportunity to speak on the same non-agenda topic, the City Clerk shall deny the request and advise those persons of the limits contained in this policy. The City Clerk shall also advise such persons that comments may be submitted at writing at any time for distribution to City Council and that citizens are welcome to contact the City Clerk's to register in advance to speak at the following month's meeting. 3.0 Timekeeping; Written Material (a)The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b)Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time Limits (a)The presiding officer,with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 4 Title: Time Limits for Speakers at City Council Meetings Date of Adoption:March 11,2003 Dates of Revisions: September 14,2004 Page 3 of 3 March 27,2007 February 12,2008 March 24,2009 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. .. _• _• _• - _ _ _. _e _ _ _ _ speakiflg No person may register to speak at a meeting once the formal meeting has begun. . 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. ft_ [ erkk •_. •, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's 2018 Applications for the Virginia Department of Transportation SMART SCALE Program for FY 2023-24 & FY 2024-25 Funding MEETING DATE: July 10, 2018 • Background: State law requires the Commonwealth Transportation Board (CTB) to develop a scoring process for project selection. Virginia's SMART SCALE program is about selecting the right transportation projects for state funding and ensuring the best use of limited tax dollars. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision makers to be held accountable to taxpayers. The SMART SCALE process evaluates projects on the following six weighted criteria: Congestion Mitigation (45%), Safety (5%), Accessibility (15%), Environmental Quality (10%), Economic Development (5%), and Land Use Coordination (20%). SMART SCALE is a grant program, and funds are only available on a reimbursement basis. Based on the evaluation measures, the following four transportation projects have been identified as candidates for SMART SCALE funding: 1. General Booth Boulevard and Oceana Boulevard Intersection — This project focuses on improvements to the General Booth Boulevard/Oceana Boulevard intersection. These improvements are designed to enhance the overall safety and operational capacity of the intersection and its immediate corridors and improve traffic flow. Reconstruction of this intersection combines two conventional intersection improvements: dual right turn lanes in the eastbound approach and modification to the lane configuration of the southbound approach. Oceana Boulevard will be reconfigured to remove the existing free-flow right turn lane and convert the existing through and right lanes to dual right turn lanes controlled by the traffic signal. The existing eastbound left turn lane will be extended approximately 350 feet west to Eaglewood Drive and configured as a thru/left-turn lane. Southbound General Booth Boulevard will be reconfigured to include a third through lane. The existing southbound right turn lane will become the new through lane and a new southbound right turn lane will be installed. Pedestrian facility modifications, signal modifications and relocation of utility poles will also be required. The total project cost is approximately $4.1 million. The City will request $3.6 million in SMART SCALE funds and commit $500,000 of local funds (12%). 2. General Booth Boulevard — This project will widen General Booth Boulevard from 4 lanes to 6 lanes from Nimmo Parkway to London Bridge Road, a distance of approximately 0.4 miles, with appropriate turn bays at the signalized and the intersections that are not signalized. The roadway will remain divided with designated on-road bike lanes and 8-foot wide shared-use paths along both sides of the road. Aesthetic improvements such as a landscaped median and verge area will enhance the roadway corridor. The project also will include improvements to the traffic signal and reconfiguration of the right turn lane at the Nimmo Parkway intersection. The additional travel lanes will primarily be added to the median; however some minor site acquisition will be required to maintain the shared-use paths on both sides of the road. The minimal right of way acquisition will require minor localized private utility relocations. The total project cost is approximately $20 million. The City will request $18 million in SMART SCALE funds and commit $2 million of local funds (10%). 3. Laskin Road Phase Ill — This project is the western terminus of the multi-phase Laskin Road corridor improvements from 1-264 to the Resort Area and will continue a vital connection within the Hilltop Strategic Growth Area as well as the adjacent Lynnhaven Strategic Growth Area and Resort Area Strategic Growth Area. The project includes construction of a 6-lane divided highway from Republic Road to just west of Phillip Avenue, a distance of approximately 0.7 miles. The service/feeder roads along Laskin Road will be removed from Regency Hilltop to Republic Road. The bi-direction service/feeder roads will remain west of Regency Hilltop to provide local access to residences and businesses. The proposed typical section will not require additional right of way acquisition due to the area created by the removal of the service/feeder roads. This project will provide 14-foot wide outside lanes for cyclists and a 10-foot wide shared-use path on one side of the roadway with a 5-foot wide sidewalk on the other side of Laskin Road. Aesthetic improvements such as landscaped median and verge areas will be provided to enhance the roadway corridor and provide access control. The project also will include replacement of traffic signals at Regency Drive and Regency Hilltop. The Laskin Road Phase III project will provide connectivity with both the Laskin Road Bridge Replacement (CIP 2-040) and the Laskin Road Phase I- A (CIP 2-126) projects which are both progressing towards construction in early 2019. The total project cost is approximately$31.5 million. The City will request $25.8 million in SMART SCALE funds and commit $5.7 million of local funds (18%). 4. First Colonial Road — This project is for construction of a 6-lane divided roadway along First Colonial Road from Laurel Lane/Republic Road to Old Donation Parkway, a distance of approximately one mile. The project will also provide designated on-road bike lanes and 8-foot wide shared use paths along both sides of the roadway. Aesthetic improvements such as a landscaped median and verge area will also be provided to enhance the roadway corridor. The proposed 6-lane section will require site acquisition as well as major private utility adjustments. Existing aerial utilities will be relocated to a new overhead location, and LED street lights will be provided along the corridor. The project will also include replacement of five traffic signals at Laurel Lane/Republic Road, Wolfsnare Road, Southall Drive, Wildwood Drive (existing span wire), and Old Donation Parkway. Enhanced pedestrian signals and crossings will be included at all signalized intersections. This project will provide connectivity with the Laskin Road Phase I-A project(CIP 2-126, anticipated construction start in early 2019) and the First Colonial Road/Virginia Beach Boulevard Intersection Improvement project (CIP 2-072, construction start in October 2018). This much-needed project will complete the widening of the First Colonial Road corridor from Virginia Beach Boulevard to Old Donation Parkway. The total project cost is approximately $52 million. The City will request $44.2 million in SMART SCALE funds and commit $7.8 million of local funds (15%). Should all four projects be awarded SMART SCALE funding, the total City commitment would be $16 million, and the total potential SMART SCALE funds received could be $91.6 million. • Considerations: The SMART SCALE Program is a grant program, and funds are available on a reimbursement basis. Localities must first incur the expenses and then request reimbursement. Per a resolution by the CTB in December 2016, local project funds are expended first, followed by SMART SCALE funds. All surplus SMART SCALE funds at completion of a project revert to the state SMART SCALE fund. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the attached resolution. ■ Attachments: Location Maps (4), Resolution Recommended Action: Approval Submitting Depart - - Agency: Public Works Engineering4 City Manager: 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION SMART SCALE PROGRAM FOR FY 4 2023-24 AND FY 2024-25 FUNDING 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation (VDOT) SMART SCALE program, and 8 projects submitted to this grant program are reviewed and scored by VDOT based on 9 an objective outcome-based process in the following areas: Congestion Mitigation, 10 Safety, Accessibility, Environmental Quality, Economic Development, and Land Use 11 Coordination; 12 13 WHEREAS, requested VDOT SMART SCALE revenue reimbursement can be up 14 to 100% of the total project cost, although the locality's ability to contribute to the 15 submitted project is a factor in the award process; and 16 17 WHEREAS, the City's highest priority improvement projects that meet the 18 eligibility for funding are General Booth Boulevard and Oceana Boulevard Intersection, 19 General Booth Boulevard, Laskin Road Phase III, and First Colonial Road. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City of Virginia Beach City Council hereby supports applications 25 through the Virginia Department of Transportation SMART SCALE Program to request 26 $3,600,000 for General Booth Boulevard and Oceana Boulevard Intersection, 27 $18,000,000 for General Booth Boulevard, $25,800,000 for Laskin Road Phase III, and 28 $44,200,000 for First Colonial Road. 29 30 2. That the required matching funds will be provided from the allocation of 31 local funding by the Council in the City's Capital Improvement Program. 32 33 3. That the City Manager is hereby authorized to execute on behalf of the 34 City of Virginia Beach all necessary project agreements for project development and 35 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. 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KAREN LN — pI r� Z ' , V. ,LL R o� 1 t 111 ‘713 " _ O yi LOCATION MAP t,., ,, ,�, 11" m ^r FIRST COLONIAL ROAD a _ LAUREL LANE/REPUBLIC ROAD c\n 5 l r ��\ :, , rte,'' I t ' ° TO OLD DONATION PARKWAY Prepared by P.W./Eng./Eng.Support Services Bureau 6/6/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\First Colonial Rd lu �Sll� b �t�. t 4 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Endorse Interstate 264 Town Center-Pembroke Signs and to Authorized Reimbursement of Costs Associated with Sign Modification MEETING DATE: July 10, 2018 • Background: The City of Virginia Beach and the Central Business District Association have requested that signs located on Interstate 264 be updated from Pembroke Area to Town Center—Pembroke. The change in the sign name acknowledges the growth of Town Center and recognizes that Town Center has become a major regional employment center, cultural place, and mixed-use community. The Pembroke Strategic Growth Area, which includes Town Center, is home to nearly 20,000 jobs, and more than 31% of the 14 million overnight visitors to Virginia Beach visit Town Center during their time in the City. In order for the signs to be updated, the Virginia Department of Transportation (VDOT) requires a City Council resolution designating the area the City would like to direct motorists to via Interstate 264 eastbound and westbound as Town Center— Pembroke. VDOT also requires that the City Council resolution request VDOT modify the existing Supplemental Guide Signs on Interstate 264. Administratively, VDOT requires the City Manager agree to reimburse VDOT for any work performed related to replacing the signs. • Considerations: The cost of the sign replacement is $94,239. This amount includes surveying, design, fabrication, removal of existing signs, and traffic management during installation. Funding will be provided from CIP Project #9-081 Strategic Growth Area Projects. • Public Information: Throughout 2017 and 2018, City staff has coordinated with the Central Business District Association, representing over 140 businesses and organizations, on the interstate signage issue, building consensus on the sign's recommended terminology of Town Center — Pembroke. This item will be advertised using the normal Council agenda process. • Alternatives: Keep the existing Interstate 264 Pembroke Area signs in place. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Exhibit of existing Interstate 264 signs Recommended Action: Approval .r---/ Submitting De•artment/Agency: Planning and Community Development t3 i`' City Manager: 1 A RESOLUTION TO ENDORSE INTERSTATE 264 TOWN 2 CENTER-PEMBROKE SIGNS AND TO AUTHORIZE 3 REIMBURSEMENT OF COSTS ASSOCIATED WITH SIGN 4 MODIFICATION 5 6 WHEREAS, Town Center is an important and vital regional employment center, 7 cultural place, and mixed-use community that is home to nearly 20,000 jobs, and is 8 visited by millions of people every year; 9 10 WHEREAS, the City of Virginia Beach and the Central Business District 11 Association are interested in facilitating ease of access to Town Center, including for 12 motorists from both the eastbound and westbound directions of Interstate 264; and 13 14 WHEREAS, the Virginia Department of Transportation (VDOT) requires an action 15 by the City Council in order to support modifications of roadway signage. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1 . That the Virginia Beach City Council hereby endorses designating the 21 area presently known as Pembroke Area as Town Center-Pembroke. 22 23 2. That the Virginia Beach City Council requests that VDOT modify existing 24 Supplemental Guide Signs along Interstate 264 to read Town Center-Pembroke. 25 26 3. That a copy of this resolution shall be transmitted to VDOT. 27 28 4. That the City Manager is hereby authorized to execute on behalf of the 29 City of Virginia Beach all necessary project agreements for project development and 30 installation. 31 32 5. That $94,239 is authorized for use, within CIP Project #9-081 Strategic 33 Growth Area Projects, to reimburse the Virginia Department of Transportation for the 34 required sign modification. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S . ICIE CY: 'W. 4 ( Budget and Management Services (-Ci# ttorney's Office CA14479 R-1 June 27, 2018 • .,u, I. _\ _ " _ 211uc211'91.,3211'91.,3Z - v �Vv .,� .. moo '' fl. 1 t7 :r ice /.• . -.CA, ,y_ tito a c r , « . _ •- —f3N 'I.. , rum 4 i4 '4` S j . //` tt o ,� • i F 1--. • f r. 1/I 2 ril ' v1f,. uf:... 2s` ,R �� 1•�' ,r. L *• • t .`L 4 • -- V 1,0 AT - ; 1. ' E_gar _ Q > ,tr.E' a'' , '...- ex a IOW. Y 4 �41t �c •�� J z;. tt p �j r. co ,ip - .� 1t �- itI 1 7 w ca i �t�. yf r. ,i 4 _ of c Ili C ` 7: itfirt a QQ)) • • r o .i� �' i 6 / .,/: a) t t -r • - C - I . j Qom) a• a� .1 E �' E ttf ' :tom F� CO i a`) ,_0 let' -,' A 7 C r - 'i � a al„, c 2 . ..: , ♦ - 03 rt v -, 6J bn1 a S r t 0 2 a5- uw... f1 �~ r G $ O A r .I.0 • -I _ ., Q e °1e } to CU . - - I �ti 6 - rod r ^:`y •- 1 'l2 1 _ N f �' f y QJ L) L f % %I.'..---,• J -1,i• 'i'' . ,1 41,17- � .i.. l •) - -ham , "�*i' \--d' I C..".. ...% 44 -., - i,ii ,.. ..,., .,..,:.,:::.-:-;-- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Approve a Memorandum of Understanding between the City and Preservation Virginia for a Shuttle to Cape Henry Lighthouse and First Landing Monuments MEETING DATE: July 10, 2018 • Background: Two months ago, the Mayor and the Vice Mayor recommended a Reconciliation Budget, which the City Council adopted, that included $210,857 in funding for the purchase of two 12-passenger shuttle buses and related operating costs. After the adoption of the budget, City staff further refined the scope of the City's contribution. The ultimate roles and responsibilities are not identical to what was described in the Reconciliation letter, so the staff requests approval of the revised terms. • Considerations: The attached Exhibit A provides the material terms for the MOU between the City and Preservation Virginia. The following are refinements to what was included in the Reconciliation letter: Reconciliation Letter Provides: MOU Provides: Two 12-passenger shuttle buses Two 14-passenger shuttle buses Buses to return to VB Convention Buses may be stored on base overnights but Center when not in use returned to Convention Center if not needed based on seasonal demand Suggests two fixed vehicles City may rotate vehicles within PW/Fleet Mgmt Grant to Virginia Preservation City buys buses The City believes the proposed MOU achieves the goals set forth in the Reconciliation letter, and it provides a workable solution to the security requirements for access to the monuments. • Public Information: Normal Council agenda process. • Attachments: Resolution; Exhibit A: Summary of Terms; Reconciliation Letter Detail (page 4); Disclosure Form Recommended Action: Approval Submitting De artm nt/Agency: Planning/Strategic Growth Areas' �� City Manager: 1 A RESOLUTION TO APPROVE A MEMORANDUM OF 2 UNDERSTANDING BETWEEN THE CITY AND 3 PRESERVATION VIRGINIA FOR A SHUTTLE TO CAPE 4 HENRY LIGHTHOUSE AND FIRST LANDING 5 MONUMENTS 6 7 WHEREAS, the Reconciliation Budget included $210,857 for two 12-passenger 8 shuttle buses to assist visitation to Cape Henry Lighthouse and First Landing Monuments; 9 and 10 11 WHEREAS, the City staff have discussed details with Preservation Virginia, and 12 the Staff seek approval of changes to what was included in the Reconciliation Budget; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby approves of a memorandum of understanding (MOU) 18 between the City and Preservation Virginia, provided such MOU is consistent with the 19 attached summary of terms, which is incorporated herein as Exhibit A. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • rming/S A Office City•orn-y's Office CA14481 R-1 June 29, 2018 EXHIBIT A Memorandum of Understanding Summary of Material Terms Parties: City of Virginia Beach("City") Preservation Virginia Purpose: Shuttle to Cape Henry and First Landing Monuments Material Terms: City to purchase two 14-passenger buses. City has the right to wrap the buses in furtherance of marketing the City as a tourist destination. City is permitted to rotate buses within its fleet assets. City to maintain liability insurance for vehicles. City to provide fuel. City to provide training for drivers. Preservation Virginia to arrange for drivers for the buses. The drivers are required to complete training as required by City's Risk Management Division. Preservation Virginia to provide reports of number of visitors utilizing shuttles. Preservation Virginia to maintain Workers' Compensation insurance for any driver or employee participating in project. Preservation Virginia to use City's procedure for reporting vehicular accidents. Parties to arrange drop-off and pick-up of vehicles not in use. Parties to review allocation of vehicles and adjust if visitation demand changes provided City is limited to funds appropriated for this purpose. Actual "in service" deployment of buses is dependent upon seasonal visitation and mutually agreed maximization of services delivery. Term: One year. May be extended up to four additional one-year terms. skills and training to provide basic and limited advanced emergency medical care for critical and emergent patients who access the emergency medical system. -Jones and Wood 13. Add $300,000 and authorize two additional FTEs in the Police Department to implement the Workforce Development Program. This program will allow Police Officers who have completed a certain set of criteria, to receive a 5% salary increase once they have completed three years of service with the Police Department. With the completion of additional criteria necessary to achieve the rank of Master Police Officer, an additional 5% salary increase can be achieved after three additional years of service (total of six years of service). Currently, Officers must achieve the requirements of the position and complete six years of service before they are eligible for a career progression to the rank of Master Police Officer. An additional position (1 FTE) will be added in the FY 2019-20 budget for the continued implementation of this program if required. -Jones and Wood 14. Modify 1.7 part-time Psychiatrist FTEs in the Human Services Department to one full-time Psychiatrist and a 0.25 part-time Psychiatrist position (total of 1.25 FTEs). On March 20, 2018, City Council adopted an ordinance to make this change in the department's FY 2017- 18 operating budget; however, due to the timing of that ordinance in relation to the drafting of the City Manager's Proposed Budget, the Proposed Budget reflects the part-time 1.7 Psychiatrist FTEs. As with the ordinance adopted in March, this adjustment in the FY 2018- ]9 operating budget is cost neutral. -Kane 15. In order to comply with new United States Department of Defense security requirements, which prohibit unauthorized visitors to the Joint Expeditionary Base (JEB) from driving personal vehicles on to the base, add $210,857 to the Tourism Investment Program (TIP) Fund for the purchase of two 12-passenger shuttle buses and related operating costs for the Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant. The City, Preservation Virginia and JEB Command staff have developed this option for addressing the new security mandates while also continuing to provide public access to the Preservation Virginia-owned original lighthouse and First Landing monuments across the street. Preservation Virginia will fund the operators for these shuttles and when not in use for this purpose, the shuttle buses will be utilized by the Convention and Visitors Bureau for tourism and Convention Center related activities. In order to offset this increase, the TIP Fund Reserve for Contingencies will be reduced by the same amount. - Wilson and Uhrin 16. Add $105,000, including one FTE, to the operating budget of EMS for the establishment of a City Paramedicine program. The purpose of this program is to provide proactive medical services to individuals who frequently call upon the City's emergency medical resources for routine medical assistance. -Jones and Wood 17. Add $50,000 to the Convention and Visitor's Bureau to support marketing and advertising efforts for the 2019 induction ceremonies for the Virginia Sports Hall of Fame and to help solidify the Hall of Fame's presence at Town Center. - Wood,Dyer, and Davenport M CO a o $ k 2 CNI co) / \ £ £ o o J \ \ \ o o t t ¥ 5 \ C ( a) m t « t t t e t t k \ k 3 3 e e 2 3 2 CO 2 CO CO CO E 3 3 2 £ t f ' t C C 2 i < ± ± / U U < 5 0 0 0 U .0 CO 0 k 0 10 1.0 ° CD CNI 0. 0 e 9 , / fa § co \ / ) co N- / \ § 7 ) 12,CVNLo \ CV 1.0% \ ) \ 2 i < > CO \ § 3 2 m / / 1-15 / Csl CV co< \ CO CO § \ \ \ ( \ \ CO C § / ] 0 U) CO ) E• ) G 0 > m k \ ( = * E N- ¥ n E ix• ± § { \ / / ) / § 3 _ e = - < m ° e CN B g 2 § m .E > \ § 7 { k S < ] % j - E 0 / j 2 -E E / { E O > ] E ■ e 0 2 / \ a § - # / — » \ { ƒ \ \ \ j 2 0 § 0 \ _Jco � w � \ \ \ \ 5 a k j \ 0 ° ® ¥ 0 k § 2 E• o 0 w wTo' \ \ \ \ \ \ 0 m \ } ƒ b , o » 7 d• \ I f ƒ § EL § „ - f § W W ) ( { E E ) ] m § k > f ) •\ 0- / \ ) \ } \ ) m qcii E > 0z to 17)C •■ g \ \ co > m » ® | z q / 2 f \ m • , : E a ) E \ / % < 7 ƒ cn \ 2 § e \ 2 \ t 8 o ! / / E # Q = : ± \ { / § c § t iz ( k ) 3 C § 6 ) 2 2 § / 2 ) # t E § C \ / a. > k ) / / a. \ § .92 § _ = e j DISCLOSURE STATEMENT FORM $ 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __2cesr_i ` iic- s)-- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 1 Accounting and/or preparer of S� 0. -/ your tax return Financial Services (include -� Ltzr El lending/banking institutions and 5 ' � c_ � current mortgage holders as applicable) Eft 0 Legal Services EiI Broker/Contractor/Engineer/Other y en{�d(r+ r • u I Service Providers S.e_e ct44c...c4A.i.-- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. EFL : T'S SIGNAgRE Cr PRINT NAME DATE i 11 r` hG ...__ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council approving the issuance of Residential Care Facility Revenue and Refunding Bonds (Westminster-Canterbury on Chesapeake Bay - Series 2018) MEETING DATE: July 10, 2018 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury on Chesapeake Bay ("Westminster-Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $85,000,000 (the "Bonds"), to (i) refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015)(the "2015 Bond"), (ii)finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds, working capital, routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on June 19, 2018. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. Westminster-Canterbury is a not for profit assisted living facility providing residential care for the aged available to residents of the City. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution of City of Virginia Beach Location Map Disclosure Statement Form Authority Submission to Council Evidence of Publication of Notice of Hearing Summary of Statements Made at Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated June 27, 2018 Recommended Action: Approval , Submitting De• •rtm nt / Agency: Economic Development? City Manager: h. 1 RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 REVENUE AND REFUNDING BONDS (WESTMINSTER- 4 CANTERBURY ON CHESAPEAKE BAY - SERIES 2018) 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 7 has approved the application of Westminster-Canterbury on Chesapeake Bay 8 ("Westminster-Canterbury"), a Virginia nonstock corporation, whose primary business 9 address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") 10 requesting that the Authority issue up to $85,000,000 of its revenue bonds in one or 11 more series at one time or from time to time (the "Bonds") and loan the proceeds of the 12 Bonds to Westminster-Canterbury in order: 13 14 (1) to refund all or a portion of the outstanding principal amount of the 15 Authority's Residential Care Facility Revenue and Refunding Bond (Westminster- 16 Canterbury of Hampton Roads, Inc.), Series 2015 (the "Prior Bond"), which: 17 18 (a) financed certain capital improvements at the Community, including, 19 but not limited to the (i) completion and equipping of the unfinished space on the fourth 20 floor of Westminster-Canterbury's existing four-story healthcare center (the "Hoy 21 Center") to add additional finished space, (ii) the renovation, improvement and 22 equipping of the existing finished space in the Hoy Center, which upon completion will 23 continue to be a nursing healthcare facility, (iii) the construction, renovation, 24 improvement and equipping of an expansion of Westminster-Canterbury's Wellness 25 Center, which is located on the first floor of the Community's West Tower and (iv) the 26 financing of the costs of routine and ongoing capital expenditures for the Community; 27 28 (b) refinanced bonds of the Authority that were previously issued to 29 finance or refinance improvements at the Community; and 30 31 (c) financed costs of issuance incurred in connection with the refunding 32 of the previously issued bonds and the issuance of the Prior Bond; 33 34 (2) to finance and refinance costs associated with the projects referenced 35 under(1)(a) above; and 36 37 (3) to finance, if and as needed, capitalized interest on the Bonds, a debt 38 service reserve fund for the Bonds, costs of issuance related to the issuance of the 39 Bonds, working capital, routine capital expenditures at the Community and other related 40 costs, including information technology infrastructure, technology improvements, 41 equipment related to the foregoing two items, window replacement and repair, 42 apartment renovations and improvements, upgrades and replacement of existing 43 equipment and other capital outlays related to the existing Community (collectively (1), 44 (2) and (3) above constitute the "Plan of Finance"). 45 WHEREAS, the Authority held a public hearing on June 19, 2018, regarding the 46 Plan of Finance; 47 48 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 49 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 50 private activity bonds and over the area in which any facility financed with the proceeds 51 of private activity bonds is located must approve the issuance of the bonds and Section 52 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 53 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 54 approval; 55 56 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 57 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 58 the Bonds are located in the City and the City Council of the City of Virginia Beach, 59 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 60 61 WHEREAS, the Authority has recommended that the Council approve the Plan of 62 Finance and the issuance of the Bonds; and 63 64 WHEREAS, a copy of the Authority's inducement resolution approving the 65 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public 66 hearing and a Fiscal Impact Statement have been filed with the Council. 67 68 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 69 OF VIRGINIA BEACH, VIRGINIA: 70 71 1. The Council hereby approves the issuance of the Bonds, in an aggregate 72 principal amount up to $85,000,000, by the Authority for the benefit of Westminster- 73 Canterbury, solely to the extent required by Section 147(f) of the Code and Section 74 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the Plan of 75 Finance. 76 77 2. The approval of the issuance of the Bonds does not constitute an 78 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the 79 Plan of Finance or the Westminster-Canterbury. In accordance with Chapter 643 of the 80 Acts of Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a 81 debt or a pledge of the faith and credit or taxing power of the Commonwealth or any 82 political subdivision thereof, including the Authority and the City. 83 84 This Resolution shall take effect immediately upon its adoption. 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on day of 87 , 2018. 2 APPROVED AS TO CONTENT: APPROVED AS TO LE A L SUFFICIENCY: Economic Development City Attorney CA14393 ovbgov.com`dfsl`applications\citylaw\cycom32\wpdocs\d021\p019\00224392.doc R-1 June 29, 2018 3 •'!:-,.....iiiii.,..__11-*- i 14, L..; • . trli , 201.,,,,...: ,...6 . ,. ,,1,1 1' Is::: . Ill* :-''.• •-' 1,1 t,-.:: , 6' . . t' • ' =�.. extit �1, '1 1, I - .. • i ls - s, 44 1, _ e ‘ i c,i • ' lir. 0 A '• ' •-•i 5 0 i :. .r" v� .,- t 'tea .-Aim II -,. 444 -141 '1 11 1- d J- } `J v .,- + _ i ' lip'.'' 6 C- - ` sail{y.' 'T• +�. • • `) ..,....„0, + — _ � ''' ti, / ,. E 14, I\ - ...5...4-.- 1111-. ' r :� --- S. a ,...2.,,4,,..it .„...I. i ; ::.,;,..-:...-iit,„ ►_M • 4 t F i' iii:-it .., p' ..., A a r 11 : Ti,: * ; w C7tu' 11 44 A Z CDLI t ( r` Vl,, _ . i k. c- in f' "lik " , • U E U w al " pnc a ��. v, . ; .„ . , , .., ..,___,. ,L1:1::.„....e..r., ,,,..., ,,.....vers...-.:1-,-,-,-1,it_,,,__ AI - N 0 : 5 APPLICANT'S NAME WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: is NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: • » ` �u nh.y1.,� � — • t:'t :1 -1k � � P �me�•�~ v»a - • ��''¶Check here if the APPLICANT IS NOT a corporation, pa :; a 'S tr , business, or other unincorporated organization. "'" JCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:. WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) SEE ATTACHED EXHIBIT B (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) The Ballentine Home Corporation,Westminster Canterbury on Chesapeake Bay Foundation, Westminster Canterbury at Home,LLC, Senior Options,LLC, S.O.Realty,LLC and Lynnhaven Inlet Fishing Pier Corporation are wholly owned subsidiaries of Westminster-Canterbury. See next page for information pertaining to footnotes1 and 2 4 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY 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 • *J14;1 041/14:4421tta ' /Atik1.444:4:111:. -� u *a..r�s, . E4r�.� ew+txg y'a�` fcs 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. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 t.'-'7; e Pt - :,d fg4F � art a 5^ Com $ � �FlRsxr ttA" as a . nkat �.tt. .: Y� y.1 y13 yK ,m ,9t„�'b a + � y+ 't„e F x, .. 'x4 ' Nrs # ss APPLICANT 1/6 , PROVIDER (J `ddita�a sheets if YES NO SERVICE needed)4 ri Accounting and/or preparer of SEE ATTACHED EXHIBIT A your tax return (J} Architect/Landscape Architect/ �� Land Planner Contract Purchaser(if other than rithe Applicant) - identify purchaser and purchaser's service providers _ Any other pending or proposed if purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IVConstruction Contractors Engineers/Surveyors/Agents Financing (include current J mortgage holders and lenders selected or being considered to SEE ATTACHED EXHIBIT A provide financing for acquisition or construction of the property) Legal Services SEE ATTACHED EXHIBIT A Real Estate Brokers / v' Agents/Realtors for current and anticipated future sales of the subject property e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 r r4Vi 't 'FY :',4. =,..,r'',..''. !E` 1 ,q. : ;'ten l -r'F.€ ; ..,,,i,..:':,,,-;,..r_:;-3. .77-.,yc w.. ': "l' s3a^ ;-' fU....r, y 71 ��`� s c r -.o- n x � ^-s�°��''-' - r .r i z..r1'y � '��..,-,f,i ES-��o-u- Sar-: `rt.c . t '�, ',�. � jy 44,4 3 di g i 1 ,s�+ . . t�s- , l ,3 .s 'vt "'moi , " �' .' ? 44 ., a ,- s •.sc:',44.rf :A "1d„ � x`"I"`t'ir ?,..v.. .. Y..n r k> .� ',..:,-'11..!.- ,a; _ �' ,7.... t y �'..t$'a.e =�, t y e .' • u r r 7.a-.wr t- n-(xt.., Crimp 4f,.. ' ( .7 r y rk v A }..r .a„x.'� ' .�'LY.. sn " x f.",-: ,' 'C „1„. � '.,i,,,,..,,,,,.„,:„,,,,,,,,,,,,.....„,„:4:-..1:.. R ° t.: y , ;.v"tM'r.... ..w.. N ?..,„,:-..,,,,....,.:6,i, .r kr/ ,:to _ irir :......�-,. ,..rte.. r .t l� L1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap•lication. J.Benjamin UnkIe,.TT. r President and CEO Cri- ) ibtV/// /-'UCAN •GNATURE illI PRINT NAME ATE , 1 Page 5 of 7 OWNER , YES NO SERVICE PROVIDER (uses; a ° ets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/Agents t r Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ULegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 - y s 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY EXHIBIT A DISCLOSURE STATEMENT FORM SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal CliftonLarsonAllen 227 West Trade Street, Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Financial Advisor Malcolm Nimick Ascension Capital Enterprises 611 Maple Lane Sewickley, PA 15143 412-542-8837 Richard Czekajewski Ascension Capital Enterprises 8638 Tartan Fields Drive Dublin, OH 43017 614-395-2370 Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 4801 Cox Road, Suite 103 4801 Cox Road, Suite 103 Richmond,VA 23230 Richmond,VA 23230 804-793-8487 804-793-8487 Co-Manager: Jimmy Sanderson Davenport & Company LLC 901 East Cary Street, 11th Floor Richmond, VA 23219 804-697-2912 1-1545143.1 3. Legal Services: Bond Counsel: General Counsel: David L. Richardson Hugh L. Patterson Thomas William (TW) Bruno Willcox &Savage, P.C. McGuire Woods LLP 440 Monticello Avenue 800 East Canal Street Suite 2200 Richmond,VA 23219 Norfolk, VA 23510 804-775-1030 757-628-5557 Brian C. Purcell Willcox &Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox&Savage, P.C. 757-628-5595 Underwriter's Counsel Kevin A. White Kaufman &Canoles 1021 E. Cary Street, Suite 1400 Richmond,VA 23219 804-771-5770 Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street, Suite 1850 Richmond,VA 23219 704-771-7934 2 1-1545143.1 EXHIBIT B DISCLOSURE STATEMENT FORM WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler, Treasurer J . J. Benjamin Unkle/President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B. Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks r.,,, VIRGINIA BEACH UEVEtOPMENT AUTHORITY June 27, 2018 The Honorable Louis R Jones, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Revenue and Refunding Bonds Dear Mayor Jones and Members of Council: We submit the following in connection with the request of Westminster-Canterbury on Chesapeake Bay's application for the issuance of residential care facility revenue and refunding bonds in an amount not to exceed $85,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. Very truly yours, 1-;9,(e_... 717___Lddi-.7(i Chair /AWS Enclosures 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464 EXHIBIT A I Tuesday Classifieds i 05 05.10 I THE VIRGINIAN-PILOT I PAGE 9 h�;:_s irte sun. a mb.wry eoa.Ono _ .. v 00 ss wa.. iw,50 IM,a Y9 500E u" JW 5,2018 ei 10030 AM,rn 'e i 1ROFESSN)HAL FORECLOSURE w Me Soul"by.M hig ...nppm. rot „al w°m "' impo non w'0°' 0mw.,erce,. .v-vie. CORPORATION OF VIRGINIA, . on.North by the re masa y ,a.as 1...,,w °5y'pl'w°5m+wwC,,p, Suben,".Tru..°,C O S.PN a Ands W J Palmer,n n EWA .. Pe e.."an. v •M'S' c &tr.Fen° r. iso eranmuB1m,',Ilse g,� den a��vv� s.s H BROWN,LLP,10021 a by.YMe H.Wiggins,miN 2.x u mot A xe non Ba S.m.ue i e....u.law up M 0.0, Stale 200, Men I�vp ovement thereon. .r°'.tea•Y. ^ sale°"".,'®.ere. CT O• A%•aavopp,[` e2 .-0e�Di.I... W"ae`me°^a"` pospo VINIm020100 P510.0a00.'"' p t w .r',,y Awwnsen°q,M.snin,"°'ranrn.. rz ALL CASA. A al"0A0r.alae conveyor reen .'3...3.. 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NOTICE OF TRUSTEES SALE11111 ^';;,n ,F'�„,"� c �..1-`,..r2.'........,,,...........m .nP°° " eak TRUSTEE'S SALE Im"r'a,,:,e" e,,,__-gt» 2733 Nestlebrook VIRGINIA:IN THE OIROFR 00 tea mtlw C) �` `"'"m , - Tran COURT FOR THE CRY OF ,„ ,m. 0 U °yVy i„ ;es. n"'a rev.r. 1616 Walsh Court, •;SUFFOLK m�"u,�,W.my,r. ao. ^reg >. Virginia Beach,VA CD tO m"p°1b :mn°I,-- Virginia Beach, g 23456 SUN WEST MORTGAGE () m Virginia 23454 COMPANY,INC.. o on wcm w.a....odaaoo, eu e re'm _ Complainant uLOu.res i.+'"`eevel'e"'Ine�-I CpApHJuly 5,2018 at 1:30 PM,m. wm,m .tee ap d °'°°� Gas No.1B t3Bg gym° n+,,.e,cr me G '"'^ "' -m52.02 d9.: won am'oiemsm a`ammWjv�we V Oe LW No.575-0320 ,5 50°° v".ne:'560155Ma s."r..e WERIELY BOOTH, a mu22.1.g°LAi1Ot'YiAO11"°E mum.to dm Io-m., xme. mil11ed�2o23a i,,.,ee' ate m,e.°�°w",`re mead, INDIVIDUALLY,ESTATEAS .. m me 61 Ins cOHuu -...yam------o- at the LMfront of the Circuit HEIR TO THE OF co-nm N 850600LI.w,.TE,P.C..S.m•u.i,m 'e once.. IRALPH L 800TH,et al, TERMS OF SALE. ALL CASH. ♦ Can 10T the Cit01 tri (A .e.' Tnr.° BOROaem,r.,0° ^502355^a°B.I,v2.„_,-,°°r.ro Virginia Beach, Building errwn ie Ole wen.n Respondents. en a=or (a Severn.pow po ifteeenn 05).P ie.,.wFORYATION CONTACT: °' aro,, 10. Judicial Center, 2425 .Im,n ,ras..m+5e.. es` se nears. _ t°..F°w"- SAMUEL I.WHITE,P.C.eeies5ia me 'r°^' "'.'V 1Ae NOn Parkway, 'I'1 ran R OF PNBI ICATIOµ (� .O retype i°FTiA'� er.ca M'"` a `° ea.gym Beech,Virginia on July 12, a„,mmm w.,r n"m G l r-17.28 seo. �5-iy57-,eo an sane*0:80 L,°1,-`-w'Ta"`"z000 ,av:,w'B"a` 2018 at 2:00 PM rre U) x PROFESSIONAL FORECLOSURE . 00 P.. on.Ya nu T.'Ef'."vr..0eon m �aneo.lrr.c�nrrarg.awm ire.00,05.5 .1% °°°ream t N CORPORATION OF VIRGINIA, .....,www..NS.A.t w-. • aro .aNad all unYnoxn Bubetll 0te Tr.e..,2 SHAPTRO m.. wer.y Mr... P r 11.•who me Sommer`,aO°m Q A A BROWN,LLP,10021 13 Its FON wzs32YOM v July 3,2018®10:30 AM lour. wpn� re Er..ane Qaye m.Soros, Sults TI 5 ',0'0. W nless..esle..,.„a.., reel a ; Virg.2015 503)M65B00. e .100 ,Ca.. ?""7,,...1=14.11.s,:=,44•p.,. m., (n >, _ w2535525,. NOTICE OF wn.n . ,,w�m"""°e^rnecm.h dv..A.= rn•, w s""" 2301.II a.. a,..n,no Via.... leg TRUSTEE'S SALE OF SUBSTITUTE • '.' ea ,.oe l7m.�r".021s0003 "In m aL+a o0$# .2 ,.."°�"° "520050w'=0,5 0) a 624 HIDDEN FALLS TRUSTEE SALE «r$,g .VER SEC PURI-AT.3, mp.oro h,�de,"me�„ �pi0vme odu're C LANE CHESAPEAKE, 810 Lincoln Avenue, m' o- r, 'P,�, , OR no"H"u I;,. ......" "'°""s O O VA 23320 Suffolk,VA 23434 ,,„;°„, �pTM.'tua'dwg`o=3, P',.oe.® .. 2p` e 6600.: 1 "�,Ne Mi . y°"'„ o°ny more pennumN es se N ,d `7: N. Cease Con,or�..aLt �_ .Mat .n paw.°...az nr a) m Q -°o,pre-wa,;,n ....W.: „,,. A OF ...se o1 °mm r _ " E .. crs C 3opv e�,a."°.-..ulla„ 6®1 a -< Tax Non 1..>2>.n02� an y r.- .... "m.gy m f6 Cl) ior C.SAFEAKE es De.sod Ins,Hde • E"°• mro:°':°:5"m�emuc _ W°wmWtaw of ea...e.n.:a.d T"'�,°Stw'me.m... ore'° m..�pn„ e�m.� paM1.',...p.wmn Z •to C n• •� EAME. ront .m°""..`.sn`r°mc.w std..--N e a w o°'".°e `M.d 20003 0 .000* .N r ,. ,,.m m mew 'C O > �006r .a0n PreO Omen` CEO 02500-..b02a.361501:" .m-,w Pnm°.e,.w,em•.yY°.es 0 :""°'n ANT Im "6Now 1 ,";cd,mne..... 0063,re; p... _ N aaa.a . c. C 0) U Conor........yap..m July`5, ,a _ -.ur'.I .. 1.....y.-d 04IP P p 550.:0°mmmw...w nu m a3"'o Cl) > V a 2018 t 9:30 AM..eo o,.on Y w 9.'Is e re w dJulymaueu n,re,a. �.us N JW 11,2018 at 11:30 AM .- -a 0) 0) m nw.wnmrl.. .w-m.lww+ 6 API�. `Sa A.A.a reles or reset.,or,011.1 Om We_ anw w tote, ma o"�d „4w.m U < cn 0 e. .837.5252na `m'° .mm..s.,w "tnr".m°n -� da L 6° " mm I. ".""..50""55 mn 202'"r Pad TTaN .,15.13.....A 5e 0.0.01656;500.00.,aNaa. vire PEN....•• may a prd„m�. �H"° re�and v ec"°.....m�' s. P.bm.�A. ono dm ; M�'m am.5....... epmn,.,,. .� ` O ,Em OF Mal ALL CASH..s °°""'y w, ,•--"pmu$00 na wrm ,n n 5bwmiiD rolam. .e-r�yr me we.d E„.,.Mmn, un«',v . m.. _ ;n,�.m ti:.al seer`."'T:01...1.1""4...'"": •-4.-0-,•,=,mmm m„J»n; ' e�L O C 0ana•d :7",..4 m. ^ u,`',2‘.":""1.:= %=e.'u a.n m""=1:...V.....'° 505054w,a., CT'OF VIRGINIA BEACH .tl°,rn men Lnmin"'n'R,.=..°0:=180'- d ewh..0:0000'° DEVELOPMENT AUTHORITY la mr..rp I.nM E•mao-..",17;r2=41;,',7,1'.=rcrom ow.'t some ItAI Pmp Taxarses .11.10.0 10 n v2. ... F 'ml nn� npormAer ea no tr. Lp.r WA ase tor th• RerOre Bn+r. . _ _ "'•""e1001p1• .pwm, sersm,n P51151 OntYrrY ...�,,,'u ' �°�e0.011...2•1110•10.4^�' w Erne.. Q m.Pen.,.'t0;ORIS...WA.ea ..,m wh 'e1 o mm..nclr,.%•=,=;----:,-.I.:awFINAL NOTICE AND °N pee EXPLANATION Or A 0 M SYW ictus. 200 10 wd Trac rate.^..... ...,..pnaream r wb®a .55..00.ManYSe Carpal, o0 j7oil 06R-R$OOW'*MM. Pw100 WARRANTYION di 30F roner v. PROPOSED0055.ACTIVITY IN A100 301IrPRESE 'T „` m tn410.3,tarrom merest.T.ra. vP 258 YEAR FLOODPLAIN,500 .8`•. 2022 0 0266,0 of Me . OeP,m,neva e0'�`iTbe ire n 4 sea.20655.0 Cmms em TRUSTEE SALE �wore pro.over ma Dead°�A.:.d w FOR 120 Aiox COmAC7 !Y O*NORFOLK uw.an.n aMo-aha x.. c 6633 Corinth Chapel =m`. 4' i x252:Bma'"pane. (Y "r--------,- .s .w E.. Gb"o 1�a, '� Road,Suffolk,VA 01 .*650010 b N.3o.xon °®21s�a:rr r.r.' ER 23437 ,n"1° rere�'"'"°B r'un's" PUBLJC HEARINGS w.10.R '•^m.P,opn 00.0.0. m z si =' m_m� i1 a 1005-m. Suess S TRUSTEE, 0.0.1.1. uw 2xwn ow..oeu°so '7•0`.°"10111.t`E:RHIG.rc ss uoou°�° 0°20 00- vviWe...- E e le C .eL a AO6 211X33013. , :,,,,r po•. ::,==TF...a =m.10,1.1,1,0.°m'mwcu'r TIESOAT,aJUNE 12.20'a o.ssa,o .�.mou.-•`rra Pone A ,x rte C,er a rrwf Y°pi.55 p1 F0A5500000000803: H]vYPL.UOvp.Ye -poet*.toNuelee on ire "„r ` 7 d ..e October ce N TRUSTEE SALE BRocK e�OiR,s:l°I`Ls �" �"'^ Cl) Z O °0�021°'. 1653 Duke Of SERVICES 'n C d Ne graP.m...... m,a:I„5�-re Windsor Road, °a. m"oa05000 Il'I4`:P2"d „m v.4:00.,11,80'7.s .d_ „":n..ken Ea ° re,: �" °< „re Cl ii .,05000 Me ea"mm Virginia Beach, v ,3m5a w2.2 :M°t� YOB um o: tvm 35022 owe C coup of the city o1 Suffolk, wen..'"neop 1-7-,27-'e VA 23454 H5. ,5 fno ado t` C 150 Noon July St)eat M pp e"^' m0 •AMM ®" a ua,'Bananas aro OM C1° Z Cl) Cl) O o Suffolk, J ly 11,2018 i „w a ..`m„ TRUSTEE'S SALE OF -..a a r.� we ""` 1:45 Pn Mame _ �O N O .....are.. .«,am.l•..°s2so.a0o.00, 2768 PLEASANT 'no;""'�a °b..at ~• 00.001,00.:mm we...es 'ml.owm„,..:-...c..N.d:rte `,..'a`,.`m�r..p..': Q coen 0 m"m.d m. ACRES DRIVE, fsF"...... :.rake.-mal. .s Ato O. 0000005 e,,'„05.026 e`xr005E em5a..a.d rn w:-,.4--=---,mcan°...120:2 o"50002.508" VIRGINIA BEACH,VA Nn01bmm. a".yr.°i :4°•n°m°„,",.71a mar.°$ m:."„'.°. t2p 00 5050.l1aa"non. R OFOR Assoc.NTA�T .........l.......,;7^,=,, .m. ,°,,", 23453 w. .w r amm.0rmr.h` vear re saw dsos ' ee ATOP lG m.rommo.ppw m. 'e souse m wY•na ell A...g.gu w.Hie°T.+P°°yv'se,„ "Snlm��,':u Oelm.e dei,0,........em OUNYN. pWYNy. LLC-a '1=V:-eve-•va:" SN.A.10 a req iter*:' ° ,. m re entrance 1 ...a..,d .I.I a property x.-1306 MOO rue "tee 10. ." 5.50.0 moi-0]0000 .250,.52. Off Ices of Samuel are White, wlurenl w-..,e.5.n m-au0.a ,ream• $ wrcLauR`I a..,.e"a"B4 kings v arm. rpwnw,.-N.x..m P.C., 5040 Corporate capes.. __ _ Oee4 of True4 M any,•.-1Na the e,me Wopde Drive, Suite 120, 5u.Y010'QF, a Pm.,m".Oge' 'r°' N or.. proper Virginia Beach July 5. uu ...argon...3.w. rv1bx.,.."� re reuu`'�.me�.�re`".a /0 L TERNS OF SALE:CASH.A oewsv d 201 Qata3:00 0M a ,.mnx r '^Fem•'PI0 P 0802°-amu V�� F. $20,°00.5 a P • . Nm.°,n°er w zoo rm•''°romdaLee-a oon an 1. to Odom.,B na,LLC ••�.... 0, .41 C m wM"r'..0.''5 m re wn Co., w n1605505013 m..,v a'C''m,.• PwmY-% •r W 8 e mre lre�ia n ose IA o rvD 0 a NOTICE OF L' ",iwmye5�zoiB.P ion3o�M. =0.0.4 50 mP:aS '"° ,.60006°r': ls woo. N m _ `"a.ImPe oitn mi.Ion provemon pear Me U.S. TRUSTEE'S SALE st 0Y1to any..all covenants, a. .,...I son...'Pr' .pen nn Shesore,a.es«"°m y„clee.sod nod,ya..e restrIcHon __ G ..a "mnD g.p "Y a T.COLLFcowm5urs of' �I3,o0la 1nOe P S, m.' -v.,• • ...Pi Me shaeins Worn erosion.Four 1316 Graham Road, ll .. Ce LarrnreTOaOno Virginia Beach, , " r' f0 .�o02„m,,, Virginia 23454 TERNS °em TERMS.FNauE u cASN_ '.w Oar .... 4 m°^^',,,"°5.. ^='... O i m 620 tmmwa OF SALE CASH.A,..MA .m°Oum.0 7,.......= an w om.d 'riuvm`yrem• t RI ^"am5.yaun.r.ea,..wrvnZw nsI .2a.....-I.°.d`re'"°aWr>, eetert Ch Gianeus25s ar ",1.1 a,e.`way,e'm`m or.Ime or n 520.Nn Nall F.F.. ` .0. 1. nx•"m,,,..em ' °y'fa.pp d wn' . R.tenrwm,s r.. R .x50050 oFu ,fie we g CO .Ler usl....wm a d� .....h' pesp C a„w a N""'••P DAWN.C h,use ...sest LWe bar lees trm Om.nw.ur.muumuu, ^ .n...P.^`w`m.n•`ru,m"'•.B, LI,O. F °n.m,°y`u..on mnmW-2wmmap,w.t L FaMWCoe XBF . t0 ease •�p�.envi gvn.....P......... 31.==a�ir.�•.d uwr.tl a82AH3 °axVaRO� NOTICE OF PUBLIC NEARINGr.=1:-.T.:.,°:,°.',;.°: "� C sAu L,.wrrtE r c.s,m,r, eared u.`Qa.°vre iee.r'd°.`5,es,ee u m �Get 2s. '�. ' Q na a°mm,.,..o-,��,,..2a5er wqm. OL051io3I i.saeo0. vMaL�Y En cat COMM Of OM COT Of a°vi-cmBp'm°nu'v .n.'Irem�na 1`�,. L.o Tie g SAYW03 wH°rtE.sao,w.E,..,1ro °Ltl` m.P.mmv BWWMVASxeW ROUTES. SERVICE HOURS S A �rtas n.a w g1 w 1y° ry.nn e.cn v nae on C.°.PaeY,eaeu,m5aa.02,,.-re T LLel me VSrt,a Bee..00...23402 Betw..am ay.m��ca.�vcv'.�'a,eez nm"uv„an• t •=vie. m eas t ( g ....swisa B.O.y.m N.YM e. July 3,2018010:30 AMAM,.lerms may a TRUSTEES SALE OF p�.m§^. �` 0.10 O P..m a.�.n.id ,, ear°,-„ .am„ 3793 LAKE TAHOE w w SEWELLA 010 . Sa na+-'.�a6brea. Q O 0505500..0 0.500 pv..n r0nan raw tE rrwnin .,.0,00 TRAIL, VIRGINIA tea. 1x0 2000220 0-Anw1 m�, rz, ,ea°w a a °'",."9.5005..-. ,m BEAC ,naVA 23453. co 't"PE"`3RsaxsT r`"Lii ,,,:,•;,„!,,,„ ''"?..°=2..-:. C •o TRUSTEE SALE °btlr,9a.0), 3ch .•mmm00000Pont.� 222,°1°.mn .0$0 °rt00 INw cospoJL„„,sssu, ',,:`r - 7622 S Quay Road, -^^p^m-^- y,a�� FOR NFORYA015 000TAtt:� ...a."a.rP °.. Suffolk,VA 23437 •,,,,.................:.,,,r,en .n o «P,m s UELI.S '0,Pc.to goer_ s. ..: L 1°.0,,•,^Eov:r,,mmr, _ it 04 0 > M °ar .3a M1 �m.wm .aa.,� 0020 ir. ..oftera..r� tl.L 015 GN 3NE1 .0.0...0...=Pew v.� O City of Suffolk ,„em..m-4,174,:rP x,. v,ni'''.so.°au 0.o-.50.00 t,••n,P.. „rew.°4ere Na p`�°anrev.. '��?'a?a- .nm.n al o....,r,.-n 0 :0.5 :5 D.m. w2x72Mu s •e a nPsesseiBm.1e Am S.CmN n.u.5 s7n7r4.p0.00004°..emv }I 0. 0 PIA,re am., WOASTR i UI r ear.. en.-nn Imw,e a,r N dated ata,z00eS20'.zL55.oU,or.d in th ran v,51 no, .eta s o�oa �1, 0_ Claws Once ol o Circ. a t, cflea41.z.Me_ a m..eP...•"e nen sl44ICS 031. uo tea:I It'."20t10;51oSloni i32o"d, TRUSTEE'S SALE OF y __ d°em d. 1840 BURWILLOW Armi" ,v°A"a e` w2mend motaiosnon 0.1 masa spa.are. `" ...a o ..C2 N -kaon a�N emr�r�m reaCirc°tit eaNif DRt VIRGINIA NOTICE OF PUBLIC HEARING n' Court of the Ch sof Suffolk, BEACH,VA 23464 0 TO BE MELD BY THE W Y 777��xxxxx' CITY OF VIRGINIA BEACH e.° m+.:Be En re Lein 150 North Maln Street, wor-e DEVELOPMENT AUTHORfTV ere„,Pme^m003.00,.1 0,01+5o: N SWidk,On July 11,2018 at sa. P eesses ON THE ISSUANCE OF UP TO ape �C�"7e o E L 0:45 PM rre ....w.... m m", $85,000,05 OF ITS , nss,red m'. a>M17 REVENUE BONDS '" FOR THE BENEFR OF au w 0 or YNe0lw 0.0 5,. WESTMINSTER-CANTERBURY ea st en.,mum, TN.. oly b.I Nose..don 01 nd, • v,.P.pm ON CHESAPEAKE BAY r,,r.0.20,0 0 wound i9^.InY 6 m re ,,,3�� r� ® o. vc1x'212000. 7,.:..r.1.12, .Id`rbiphwy 05`05°.•5,rte p ..n r,. .5 B.,.rm v..7,;' a amt ,,,y 71:1=mlrwn.,ma...= Au T, ,.nm,ms rex_ue.. I Tuesday Classifieds 1061218 I THE VIROINIAN-PILOT I PAGE 9 Porecluaur,s-VH;JN.,0,ach , : ...j....:'..'...............• l °um�4ao, ^` '. ;...-..=7,-;:,1. 1 ". e"Y'wAaw>.`a TRUSTEE'S SALE Y '..4.1. t Bw,•r.....•"'u' ....... TRUSTEE'S SALE OF Gonne. .^'.�k °OA M"' 3337 WEEPING WILLOW OFadd sa....nuw...H Circuit m,we e.', BOON. Ad 0000'05/0 BA o.P F°N LANE VIRGINIA BEACH, 4460 HARLESDEN ro.seenC°so Court nor to.city of Suffolk • ".""=" p.,I,o;law"mw.Y.aW VA 23453.. DR.,Unit 263 "m'"` iso North Win Street, u..°m,.. 2m.,m . � a.m^.,.a+. sundk July 11,2018 et <..•^+W •^^ tm. VIRGIIA BEACH, s,�om. 1 45 PM.. .es..• Com"° V 22�." Co, VA 23462 d'°•�mm.m.me"..,.mm :74. mae.,e.. TRUSTEES SALE ";';""'. '',Z1Z e„>k ,,,m�,,,c.a• ,e„< OF m.om..;.e.awPm hw m _ •_•..a.aw. In Holy All certainMcperty Trin.at.Ism "B e:ter:'o ana Lamm. 2557 KENTUCKY a"'"N',"'w'""e"'^e'<".w ""o°"'.,"," „`Y'm°, Rm;,%ro"„� ..; Arno°c""a:VI volImomma •ansa S.o mat. DERBY DR,Oa ^^tui 3,zo2e,.1 z oo rM, ,�. e 10.•a' Twp Oy o%Po.�..e.e. VIRGINIA BEACH, 0.0527 �. lSW in.running I..a.I.p...NI c. VA 23456 mu.o.«T.. °'...m,.H°E°'° _AA w°'e"°.`"'w.. on maw a by by°` °,,...m„"e^""•"�•�, IZ.n«..tart',,U"°.."°..m. 0 a w� C 0m:.a P•Io.,.North by: 'v'n,"c:M,.,• w I^! pd...1m°"0ua: `n o:,..«..mz"i�. a� '4 n,.I.:a.er ii WWHO�...050 '"a or:,or.I.e.mP'�'r4 .""`°•••r a t ... z011106121. =xm' P "" v" _ improvement than. a Wel. 1°" BOOS• is u,.. Juna r26, 2018 et O convay.eto tne°wtmmw,.ie Nr°O° +,�%.w•'O'.me.md0 0.x..0.,, .....ae�B 010°":' yum. 09ei,:32 AM o-*N w O Vlrgmie by D..°record.m"Deed °soi mats bp..once., •nw..ea.°Y.Da.• "..`,o«''', m.°"'°' A. �.'Ina:„ .A.14, EVA,'1.. " O eee.352,Pew Ba. m. •• mo:r°nwy°".ro BEACH m Os.e• U Sunl bio andne mm FOR 22OR.ATe0 CONTACT ....Me. corn.'Im C'am'y'Y. N tl 'TICE OF PUBLIC HEARING '^Y.^ ^ wmm `r:>'an"v°m TO BE HELD BY THE =.57............."o�ire` ...............!..t......... 08.=, CRY OF VIRGINIA BEACH 0 ...srl mority a, sr'�°%m.=w. 0-...____-_,,--emm'.nmvn `rV°i..-.°4-4, ': '.r. aro to DEVELOPMENT AUTHORITY 13 o .Owed�... dmooed MIdng P� d9 ouw._ ul2, 2018 M 10:30 '"...:o uaz:ert;,�em,......41-' o ON THE ISSUANCE UP TO P owM r. a) .5 TERMSOFSALE:CASH:m... '"'...ms°2,0 AY,a',arm n.m.awew .'q o,. aIna .00 �ti?Nn* REVENUE BONDS 0,0 • FOR THE BENEFIT OF aH G a 120,0ro.00u wa.rzTUN...,n.romaoddd _ n",.,,,,",, WESTMINSTER-CANTERBURY N ,mu„ m w sso. TNI000MMUEICATKIN R BOO ,"".,u.".+M' •l00Km... .0"I�n ,,., Cntenn.„„ ON CHESAPEAKE BAY M•" TRUSTEE'S SALE OF DEBT COLLECTOR. tC 1412 NIGHTINGALE • �L•°i"' °'3 U 3 ...... WAY VIRGINIA ow ... :.�".,.s2.,"d' th a m.® os BEACH,VA 23454 _ 0,2000 Ute"°d. CPr• irra _ _ NomaSIONAL•'FORECLOSURE .. < .P....,.0..,m,. `00�• ... g.. ,P.P�' ..+'e:00$1.s Q • .................. .Nw moo.":,mew«ia'g,io wIe.Ie rl..wCORPORATION :`ero VIRGINIA, s c..."..,, .o'd a�...... a a enoWN,LLP.1002,BYb 0maeat " ... a``•`,.w°1v qn E'�m.i°.mM a•, Cl) 3 may ba .co n ro m co B.ea 9.r Eoa Bw.m•. w2 e, 6„m m.m .mm N wmenCeram T ,ameyraw .w' Vk9Y..A101(101)A�6e00. w'mm°i0�'000 WI n C w• a . a..*PM e' w25,37252 NOTICE OF tem teem a a) E• °""""°°"®° ''' w:11.1. m. a anew TRUSTEES SALE SUBSTITUTE "f'"`.°` a. E'"°.,..... r""."oa•a_ n ' ". C .o S..aELe.w,E ono'.',..m �Wy i.............. 201 a.10.30 AOn M 2733 Nestlebrook TRUSTEE'S SALE "".." s -°•' IS m' � N FOR INFORMATION CONTACT: Trail 3608 Storm Bird ..Yom 0100 a e.w, SAMUEL I.NH.,,P _DINS) T••ay Ne.edam..OENB Virginia Beach,VA Loop,Virginia "••".o,.,.nSo*°.mi a) Y van ....V� 1. ,ou IS P.M A oua, 23456 • "mm,a.Ye.m .tee n w100 S.,Daw G) p) O qn.1Ti08 r v0`.00011 eao L1.. Beach,VA 23453 w,.Nne°j,m _ Dawn.= E C ; ..b.l..e:m F... Parcel ID NO.: a°,. °,u.,,0,m, =a:-ew •• woo...pcAel ,"m .1. 14858555990000 ``°o"° .m- •.e n e6 0) d O 1. w2a. �„"°°_ a "lode ee,.5.8 _ TO.me. �� .. Ydr2.":tl°oy.�:�, ,.".I: Z In c n '� �;: 10 Ds. dam; ° "mpm°" p.m.. M" ..�L .6 11.Is any Woo meas.los q :, " C 0) U NOTICE OF N0 58*LlaE ai�'ii»irom,0,Inmeal a co-eun °1256.0 �ry F. owm 0) > U rn m SUBSTITUTE 800 0TO,�,. o :°wow court for the Cny of .a.•e m ma..rai.n0000 c „` .na0csane.us a .L...ea...r.." Q) TRUSTEE SALE N W, Virginia Beech, Building .,.......=.....,°a ,owm°,TM• L 5.20,.0. (� < C/) 810 Lincoln Avenue, ios ""`aOO Mmm.m."'°^. 10. Judicial center, 2425 a G. ORrE•.ANDRE i 0 _ ""'°" •"� ^00 T°=%�" f',, °m"0;1 i-=- NImmG Parkway, Virginle SOBS-ww new.°m ,aE,wev� s O. °w"P"«"'e^'*N"A^".1�W0' y Suffolk,VA 23434 2...a... Beach,Virginia on July 12, =.„......=7;.,=,::::r.= l d^� E.2 2018 at 2:00 PM,. .,.." pea... e. 0a Old C.415.1•336,1 uisd.i 336,11 .......mu.A,a,..,ei o a. NOTICE OF d '.m..,ee,.,.e.,,..d. £A`.C"M"'�».,,..y'0�a..aa"~` w2mTawmamma .,p,m`..,, . 08 Geom.tt. C 8..°.007 TRUSTEE'S SALE ' _ ,..,.,0,..a ALL A 3 I THAT °'m oma P Juno 19,20tB at 02:00 PM VIRGINIA:IN THE CIRCUIT P e,. m aom a E �•'' LLC 1616 Welsh Court, ne T tor ma C.O.Goon tor Sum Gay.VA m. T RUSTEE,Como.. „�r'^, ,° COURT FOR THE CrTY OF __ .a,m. ^"• Virginia Beach, :771,AL:7L.1" .....„.117,=:•°.'.."" ' 7°"°'d'`"° SUFFOLK O cit.,am.V..a,m.m .0 Virginia 23454 ""' .�. ,w B01V1 ' .sem SUN WEST MORTGAGE .00...00 mw•.w w,lna, } cit.,.mem..,u Nan RrvER`f 40 ...,.m.Pa....005.,,.',T....° COMPANT.INC., OC!w••°mm•P •0 July 11,2018 at 11:30 AM .®. INwCO", .. c. '�"):d...... nam▪ e im to,n Sores,ma o, y .Pwe`I'.4,„„,',./12.=;„,...41... m� �2.p P- 2,0.6 .06......r,n 0.°.m m05 m"u"d COmpleinent. A w`0•. . •u. a.w,....=== w�is Onm`w e,m., m w m,,..s°`nv..im.O•0, v. Cede Na.18-1309 .naw m ,vee ou a."',m, U ,mw"mu.°m%VN...me'm,e�11. Nur▪ua.a. ae_corn 1003, :n PRem..'P,'. Vi arfa,aendvee°.,' WERIELY BOOTH, .`•�^•^s.... uwa,.B'n. .Ilpm,�•500 I am' sm..h.r ,mro,aal5.vxob.d ay.a.,M.n, ,"... INDIVIDUALLY,AND AS 0'v0w"'Oip.'°n,,..•""'ro..5,'(..•0m C 51,1.°0°0 'j°O,m,.10nre.,,°` N0,,.0090,xe.awn 6".,5u...°mi HEIR TO THE ESTATE OF S' corner or Ln.n am Plenkant .7.aro ou)"o,°F,•••e RALPH L BOOTH,at al, :o:= •• Lal 0Jn'n ^�u"I,.,1'wi"1 MN. .me^-rat w.'�0. r'm°Pi`vMi,F�e e®..n.v�ame PO oodmsu w+ m.nao.m Ra onda.,L. un .,mw,.o,. w m C) F r m,,aZn:.t�'i.ml,mo..a.„... 'Gxl u'° 'uOLrr0O11 • on 00 a.,o,: s,m.u•m.'a'.mi FP w.°,mwu,.� =0^^4..e`9.,'o1e, ann . � ,.,2 ,. ., v W.m^ ,>m•a ORDER OF PUBLICATION _ &mon moo. w v.a. ., ▪ ..r,. .0, ...,,u..,ten i,Yiitl.y".'.YOm. T.,.m,a.m .0.012:,•.,..2.0..,7,,...,w..°p (CD1.1•11,12."'"......'' e�.. a.ar July 3.2018 0 10:30 AM *00 •'w�i w'�i pie 000050 _ at A�Njm.�aF'w _ _. lig . ., ai.a rou.. -,..,- ,---.., --- ."' Yoir 1. .1.11 Y.Y a1 ▪........•w,•v..>.y..eo^^.,.•'.,'�. Z a A ,.n a....em.... Mann "°"REPRESENTATION OR WARR.,"OFuna.v.: .'wmm,.....a7....-7.-;3-•••• ,,..:`w.'.J a palmy 6...1al an um. ,.",.rhe on am Rom S eo H :oma.`.. 'm a ."+.o.. ....w..c. .2.2 dL'."•.mM "'a. :,:'.�a'I: `mismixt+�`.o.n ......q am Osrel Fd at 6.30 cod m.m0,an.am : ."" m:.°"..'` I.`Mi.Erean..woo da'."= �.7 w. Z0) 4) O m a coma a P.m Anne Swoop,nom Osa, ,.•,.wm a,' ......,•- . ...el Oma P. w°'+...�.PH,.a em. ,A, • few:,a'. .:e".,� -p v) N p "'..* "'b"': � ",m ,» _ °,m..,, P..°'" re."` 1 g: °:....":0':m"'.:.'"F. COh a or". Q V! 0 d n.mos am▪ • ,mn d >0.. w'.a r• r. .,FOR IN RMATION CONTACT rZ....n �n.• '.e.... =„A„,„°'"'.• ' . osNETR.,'TE;NI Le dam T .. a.. wYi°.k�°:" a ten a n'."°.." '""K. C d 0.enaan ..Le und• m°...,a".Evuie 0...„.., w Fy p0.Km. . pa..c . •'.r.. ..„..........n"Y0''y°'Y°.' .""=."...'.. A .N..d.P�.W ••y4ram cgrz z 4-w.. -t.....= 7a ee..l.4.4%'=".' a .m.R� f p.i:,• ...• to OF V RG W M BEACH .- En � -'amu. ° eG q maw fwYa�'.a..u*„� •T'd�wrc r.°�wayn am°pm.^,n 2 ....COT P.i"i.n Wi.2 m.. DEVELOPMENT AUMO�nV e�'re m n �.M.IA w� ."m .• 1 ;., m e ., mro, '2 a ORFO COd Pe i ,. r rz�. ,. a 'L.:' CO i. Imw.°°a•e",u..`i,a ....0 ure C.mot Vine me; ,,:.n any such awl awwrvAaA8 °NOENT.,.......1'..---Ju „31 ea ..r a,.m,e •c e...w. .w a,.m..,m '5 m.•°"`.'m,.••m.",m.�^:m^.• P"'..<•n,e'.'<",mv..0'e<"w,". TRUSTEE'S SALE OF 1601 Om Marr ray a ma .r a PUBLIC HEARING 45-41.0, COre on. ^Dean•"""". .m,o,..coo. On. 3793 LAKE TAHOE .m:.m.., .. ,. • CT 0 '.. TRAIL VIRGINIA �,�PN° •••^•°W°7. L.,,.new HEARING... N 63/ • %"current nom. �,k • •swaSO...wi`o°nn BEACH, VA 23453.. .a.........=.=,.......... ,ararm:Y,wRE"id eM: w .P...m:IRE m.m,. C8,88.4 u°ow..• FOR M710,1KN100"TACT: aa...a r,NA"• a,�m�m' ayf e,m.e...eamw.nm.e. ,u...rowt.a, a FORMATION CONT CT-CO. aR aCrTRustEEEE Lssm..o ,.n. . w.........Cfr ,yOT e.�a �r.,2t N " .e NPS __ e o n; �, -" ,..r e....a., . "..... eB A -00 ' (75-09102859 mg am atom ns°.�Caul.n .Yw.. ai°�°�H""w`� • N b.n-o..o a.aV.10.59. 1..................... 2_°'4°,.4 or'"00T55..m,n r..me000...,,..,..m•a re City., g CO . .r....., n.v 470'ro«' 2018 et 2:or to 00 VM�wmPro. , .w.ero ..--7,"7:4---°76, ,e"oncen.ado mm. m -,...„.%.,-. w.,,,,..,,'..▪0,',m""` TRUSTEES SALE OF '-'-'*-- 5:2232112221:212 2•m ? `"""`...° d.e.cww-.. .."R'°e"" '.wrt:a„e:�. im d Ina Ou..,w...w,,.d.,. 2766 PLEASANT ., Aro..,. °,.„a In 00 NOTICE OF FOR.FOR.A,.».x01210 ACRES DRIVE, ENTSTLEOSS wRl.µPART 2...M.�"VA eFR.PAc.,: 2�"°`• a..+,,,y' O VIRGINIA BEACH,VA °vR Pudic Hearings a.ma m aro ono a.renlionel „ t a) TRUSTEE'S SALE ,ad,e.6..111 mmms 23453LTD 0'" (7-NORFOLK rs " r0•5Re.'.., • E 1316 Graham Road, PLAY DULYF INTHE Virginia Beach a•^^^° a"'" '"""•°e°°"'"'"• or V.,..A 0'x00..1 C r. :,".". ' °1"asdoom « PUBLIC HEARINGS Sr* O Virginia 23454 VPamna dA m do SAEBALLN.": w2mo.,2ao U vw.N� =eh.. 1,•Ox I0 tl'•2 ,.001.0+ ry retry ,M.... f.._ CO) ",'. V.•w°c...-o d vat ..m tlUEEVB.0 HEARING... 0 m r TRUSTEE'S SALE OF "°"•�'"°°°°°' a mm......'„.m"o..;.n a ,,,�TUESDAY,JUNE 2:15180. Lcc c LICENSE 1840 VIRGINIA at w*�'.'0 1..1.°0:1;Z"'"" t..5.0B,i ydBs0.°en"'m L B ,,, DR VIRGINIA ro..R .P....:x..,.. ...m..e....P.a.�..imoa. WY Nm MAMMON,,mTrading aa. r Nolal a tonne...come 2E00 f 4111* 0 •� BEACH,VA 23464 ,,July li 201B"aaet010:3O AM ,y s o �.aa'm"° ...1w N... ammo�oP.n�••N `€end ma TM mon,Re P.Maar•Ile sale anal Oa „ A.,..„ o.,„�•:P..__A=. oY go,r I. �▪ � a • . ,m ea.w,.,,,c, o,a • ..,. F'L ni N •Ce. �.m,o. TERF SALL MS ,o.�a05 CAa« ,a".n.•P",w .m.,w..�`r,. "......`0 yw0,•°>•000100 .• 5.,".. Va 0_ July 3,2018 010:30 AM maw w° _ sea. ., corded _8.05..m:°!'1:% 1)SOOo'm°ei0 iw°d°.`d.M"'gr.= 0 maw,�a▪a N 0. �J ▪ IL m �....nm„00.°"ro'2w c..m. =or;r a St. .'=',.•t a ""."w Fc'_w+4 R�c'•�`'. I..eM-r .e -CICI �// ,,,,,,-,,2,t;,,,==:--. r..M v.•-,,."•'52 iwm am.remm. M aw,..�el0au•ner M wd%,°,1•1••••.015wm..y.o,.60..58 m Po •'+v y pso..`.,w mw.�...Y. a.normal« -f . a w IPI "ry 5:20 Bt 10:30 Am.. PPRRo2Fta,e 15^P°,�.a z .b`y .‘± .",.....22 w.^o.m..2 .° - a run.TON r..0/0 21..,„. e,.a nors �:0 5 m.�.JA md'iwp1 .ww°O.`°�,'. warm.. LB.V19 NM y C. p• w v„sm.e..vmwO. TN,s cow°..a'..rs mwe ne LAP amu F. 1050 Ems. im 00005 ,.w`"n em. a••<Mai..on .as u,z eOP Rem,mot., Y.aoa.Nmo...vI,P. .m e.E ."m•'• 'a*°.....17"..:;%1.707*P.v mw<.awr n.,.. caa0 away IToal ws_aem. ../man.. .a.o�.m...,. .1102.0.6....moi�,p"°m" mos..'":r nemm,a.taw Shop smart. ..M."Ms ;;;.°"`" T[Mn a sAu�ecu«. A 2a.,2,2.AVP2a.T:s1rrads Save big!Sunday TEM.OF SALE <AO,m e,„m land every day). oi.m.`�Mo. s..«a m.,m..........m.. .m.",.,.,.. aa reyrae.mw t.ri•. '....�, e.a",."ea I:w..,<..mm MYG SCImarsv'.5100 EXHIBIT B Summary of Statements A representative of Westminster-Canterbury on Chesapeake Bay appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BOND IN AN AMOUNT NOT TO EXCEED $85,000,000 FOR THE BENEFIT OF WESTMINSTER- CANTERBURY ON CHESAPEAKE BAY BY PUBLIC SALE WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a political subdivision of the Commonwealth of Virginia(the "Commonwealth"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended(the "Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Authority has received a request from Westminster-Canterbury on Chesapeake Bay, a Virginia nonstock corporation (the "Westminster-Canterbury"), whose address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting the Authority to issue and sell its revenue bonds (the "Bonds") from time to time and in one or more series,pursuant to the Act,to provide funds to Westminster-Canterbury: (1) to refund all or a portion of the outstanding principal amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads,Inc.), Series 2015 (the"Prior Bond"),which (a) financed certain capital improvements at the Community, including, but not limited to the (i) completion and equipping of the unfinished space on the fourth floor of Westminster-Canterbury's existing four-story healthcare center (the "Hoy Center") to add additional finished space, (ii) the renovation, improvement and equipping of the existing finished space in the Hoy Center, which upon completion will continue to be a nursing healthcare facility, (iii) the construction, renovation, improvement and equipping of an expansion of Westminster-Canterbury's Wellness Center, which is located on the first floor of the Community's West Tower and (iv) the financing of the costs of routine and ongoing capital expenditures for the Community; (b) refinanced bonds of the Authority that were previously issued to finance or refinance improvements at the Community; and (c) financed costs of issuance incurred in connection with the refunding of the previously issued bonds and the issuance of the Prior Bond; (2) to finance and refinance costs associated with the projects referenced under(1)(a) above; and (3) to finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, costs of issuance related to the issuance of the Bonds, working capital, routine capital expenditures at the Community and other related costs, including 1029841922 information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the existing Community(collectively(1), (2) and(3) above constitute the"Project"); and WHEREAS, on June 19, 2018, an inducement resolution was adopted by the Authority and a public hearing was held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended(the "Virginia Code"); and WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the documents evidencing and securing the Bonds, subject to the approval of the City Council of the City of Virginia Beach, Virginia, as required by Section 15.2-4906(C) of the Virginia Code; and WHEREAS, the Authority will issue the Bonds pursuant to a Trust Agreement (the "Trust Agreement"), between the Authority and a bond trustee to be selected by Westminster- Canterbury(the "Bond Trustee"); and WHEREAS, the Authority will loan the proceeds of the Bonds to Westminster- Canterbury pursuant to a Loan Agreement (the "Loan Agreement"), among the Authority and Westminster-Canterbury, and Westminster-Canterbury will evidence its payment obligations with respect to the Bonds by a promissory note from Westminster-Canterbury to the Authority in the principal amount equal to the principal amount of the Bonds (the "Note"); and WHEREAS, the Bonds are expected to be offered for sale by B.C. Ziegler and Company ("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"), pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") dated the date of its execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of itself or as a representative for the Underwriters; and WHEREAS, the Bonds will be offered for sale by the Underwriters and there will be a disclosure document in the form of an official statement in preliminary form to be dated the date of its delivery (the "Preliminary Official Statement"), prepared under the direction of Westminster-Canterbury in connection with the offering and sale of the Bonds; and WHEREAS, the Authority will assign the Note to the Bond Trustee pursuant to the Trust Agreement; and WHEREAS, there have been presented to this meeting drafts of the following instruments (the "Authority Documents") which the Authority proposes to execute or approve to carry out the issuance and sale of the Bonds, copies of which instruments shall be filed with the records of the Authority: (a) Trust Agreement, including the forms of the Bonds; (b) Loan Agreement; (c) Note,with the Authority's assignment thereof; -2- (d) Bond Purchase Agreement; and (e) Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth, and the City of Virginia Beach, Virginia and their citizens and in particular will promote the provision of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The issuance of the Bonds, to be styled the "City of Virginia Beach Development Authority, Residential Care Facility Revenue and Refunding Bonds (Westminster-Canterbury on Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs associated with the Project is hereby authorized and approved, subject to the approval of the City Council of the City of Virginia Beach, Virginia as required by Section 15.2-4906(C) of the Virginia Code. 3. The Bonds shall be issued in a principal amount not to exceed $85,000,000, shall have a maximum true interest cost of not more than 6.00%per annum, shall mature no later than July 1, 2058, and shall be substantially in the form attached as an exhibit to the Trust Agreement and shall be issued upon the terms set forth in the Trust Agreement. 4. The Bonds and the other Authority Documents are hereby approved in substantially the forms submitted to this meeting, with such changes as may be approved, with the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose approval shall be evidenced conclusively by the execution and delivery of the Authority Documents. 5. The execution, delivery and performance by the Authority of the Authority Documents are hereby authorized and approved. The execution of the Bonds and delivery against payment therefor, the amount of such payment to be disbursed in accordance with the terms of the Trust Agreement,are authorized. 6. The Chair and the Vice Chair of the Authority, either of whom may act, are each authorized to execute, on behalf of the Authority, the Bonds and the other Authority Documents, and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act, are each authorized to affix the seal of the Authority to the Bonds and the other Authority Documents(as needed) and to attest such seal. 7. The use and distribution by the Underwriters of the Preliminary Official Statement in the form on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission, the Chair or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary Official Statement relating to the Bonds final except for information permitted to be omitted under paragraph (b)(1) of such Rule. The Chair and Vice Chair of the Authority, either of whom -3- may act, are authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule 15c2-12. 8. The use and distribution by the Underwriters of the Official Statement are hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair, either of whom may act, and whose execution thereof shall constitute conclusive evidence of his approval of such form,terms and conditions. 9. The Chair and the Vice Chair of the Authority, either of whom may act, are authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including but not limited to a tax compliance certificate and an Internal Revenue Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved and confirmed. 10. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, and to do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 11. The Bonds and the other Authority Documents shall provide that neither the Commonwealth nor any political subdivision thereof, including the Authority and the City of Virginia Beach, Virginia (the "City"), shall be obligated to pay the obligations under the Bonds and the other Authority Documents except from the revenues, receipts and payments pledged therefor, and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, is pledged to the payment of such obligations. All costs and expenses of the Authority in connection with the issuance of the Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the Bonds. 12. The Authority determines that the issuance of the Bonds in accordance with the terms of the Trust Agreement and all actions of the Authority contemplated thereunder will be in furtherance of the purposes for which the Authority was organized. 13. No Bonds may be issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the City Council of the City of Virginia Beach, Virginia. -4- 14. Subject to paragraph 13, this Resolution shall take effect immediately upon its adoption. [Signature Certificate Follows] -5- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on June 19, 2018, in accordance with law, and that such resolution has not been repealed, revoked,rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Authority as of June 19, 2018. ON 0.4144 j A....,_ r_ Secretary [SEAL] EXHIBIT D DISCLOSURE STATEMENT Date: July 10, 2018 Applicant: Westminster-Canterbury on Chesapeake Bay All Owners: (If different from Applicant): None. Type of Application: $85,000,000 revenue and refunding bonds (the "Bonds") to (i)refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds,working capital,routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. 1. The Applicant is a Virginia non-stock corporation with a principal place of business at 3100 Shore Drive, Virginia Beach, Virginia. 2. The Applicant is the owner of the project contemplated by the bonds. 3. The current Board of Trustees are identified on the attached Schedule A. Schedule A WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler,Treasurer Jr. J. Benjamin Unkle President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B. Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks EXHIBIT E VIRGINIA BEACH DEVELOPMENT AU I HORM , CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $85,000,000 RESIDENTIAL CARE FACILITY REVENUE AND REFUNDING BONDS WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SERIES 2018 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services,maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT F FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: June 19,2018 To the City Council of the City of Virginia Beach,Virginia Virginia Beach,Virginia Applicant: Westminster-Canterbury on Chesapeake Bay("Westminster-Canterbury") Facility/ Refund existing debt of Westminster-Canterbury Plan of Finance: 1. Maximum amount of financing sought $85,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. $0 3. Estimated real property tax per year using present tax rates. $987,306 4. Estimated personal property tax per year using present tax rates. $81,427 5. Estimated merchants'capital tax per year using present tax rates. N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $9,058,480* (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $3,480,864* (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $6,329,756* (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $1,874,311* 7. Estimated number of regular employees on year round basis. 601 (466.2 FTEs) 8. Average annual salary per employee. $43,267 * Amounts shown are based on Westminster-Canterbury's purchases for the community generally because the proceeds of the proposed bonds include certain new money projects as described above and the refunding of certain of Westminster-Canterbury's existing debt that w. ed to finance and ref nance :ri'us com onents of its community. Chair, City of Vir is each Development Authority EXHIBIT G SUMMARY SHEET CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY REVENUE AND REFUNDING BOND 1. PROJECT NAME: Westminster-Canterbury on Chesapeake Bay. 2. LOCATION: 3100 Shore Drive, Virginia Beach, Virginia. 3. DESCRIPTION OF PROJECT Revenue and refunding bonds (the"Bonds") to (i) refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds, working capital, routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. 4. AMOUNT OF BONDS TO BE ISSUED: $85,000,000 5. PRINCIPALS: Board of Trustees, attached. 6. ZONING CLASSIFICATION: a. Present zoning of property: B-4 b. Is rezoning proposed: No. WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Suzanne Puryear, Chair Richard B. Thurmond, Vice-Chair David B. Young, Secretary Timothy J. Stiffler, Treasurer J. Benjamin UnkleJ President&CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident& Health Operations Trustees Dr. Townsend Brown, Jr. Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh George L. Compo Jeffrey P. King Dennis G. Manning Suzanne Puryear Jane Cady Rathbone Charles D. Robison, III Lisa B. Smith Timothy J. Stiffler Richard B. Thurmond Katherine C. Willis Dr. George Wong David B. Young Ex-Officio The Rt. Rev. Herman Hollerith The Rev. Liza Hendricks EXHIBIT H , ,4 VIRGINIA BEACH ECONOMIC DEVELOPMENT June 27, 2018 Dorothy L. Wood Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Dear Dot: The Department of Economic Development concurs with the issuance of residential care facility revenue and refunding bonds in an amount not to exceed $85,000,000 for Westminster-Canterbury on Chesapeake Bay (the "Bonds"). The issuance of the Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. The funds are to (i) refund all or a portion of the outstanding principal balance amount of the Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance and refinance costs associated with certain capital improvements funded by the 2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt service reserve fund for the Bonds, cost of issuance related to the issuance of the Bonds, working capital, routing capital expenditures and other related costs, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations and improvements, upgrades and replacement of existing equipment and other capital outlays related to the facility. I will be happy to answer any questions you may have at our next meeting. Sincerely 723eired..441-1- Mark R. Wawner Project Development Coordinator MRW/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 ;:c1.,1A H(.-1`- 4 fgt , . --I:,, , ....„,-,, ,..,..„, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to establish CIP#7-058 "Flood Mitigation Assistance Grant Program III" and to Accept and Appropriate the Flood Mitigation Assistance Grant from the Virginia Department of Emergency Management MEETING DATE: July 10, 2018 ■ Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Flood Mitigation Assistance (FMA) Program to implement mitigation measures of qualifying residential properties to reduce the likelihood of future flooding damage. This program requires the City to be the fiscal agent and administrator of the mitigation work in Virginia Beach. These funds will enable the elevation of nine residential properties which have sustained severe repetitive damage due to flooding. The individual property owners are required to meet grant requirements as stated in the Flood Mitigation Assistance grant guidance under which the grant was awarded. The City engaged in outreach to citizens after Hurricane Irene in and Tropical Storm Lee in 2011 and Hurricane Sandy in 2012 to identify potential properties that may qualify for the FMA program and owners willing to participate. In 2016, the City evaluated additional properties and identified a total of nine to build a competitive application based on prior flood losses, depth in the floodplain, cost benefit analysis (using software provided by FEMA) and voluntary participation of residents. The following properties were included in the grant application: • 316 29th Street • 493 Goodspeed Road • 512 58th Street • 1265 Tanager Trail • 2005 Alpine Road • 2920 Breezy Road • 2940 Breezy Road • 3003 Lynnhaven Drive • 3141 Lynnhaven Drive The City received notification from FEMA that its application for these nine properties was approved. In May 2017, two prior FMA grant projects in the City were halted due to lack of competitive bids for elevation. As a result, in November 2017, a guidance letter was issued by FEMA Region III stating that homeowners could contract directly with contractors and engineers for the elevation of their properties. City staff believes that direct contracting between the homeowners and the contractors and engineers will greatly reduce the City's exposure for contractual claims from the elevation projects. Based on the guidance from FEMA, homes from the 2013 grant were then chosen as pilot properties to test the process under the revised guidance. In May 2018, a bid process was undertaken to develop a list of contractors and architectural and engineering firms from which the homeowners could select. The process yielded a list of 11 contractors and five architectural and engineering firms. The pilot properties' owners are moving forward with obtaining estimates for the mitigation of their properties. • Considerations: The grant amount is $2,914,976 provided through the FMA Grant Program. FEMA provides 100% of the funds for this project. This project will be performed in accordance with the method currently being utilized for prior year FMA grants. The grant requires the City to be responsible for a compliant procurement process, inspections, and administrative oversight. The funds and related activities will be included in a new capital project for this grant. That project, CIP # 7-058 "Flood Mitigation Assistance Grant Program III," would be established by the attached ordinance. • Public Information: Normal Council Agenda process. Additionally, public meetings have been held with the impacted communities to describe the FMA program as well as substantive public outreach to solicit interest. The public outreach included survey data collected to screen possible properties for a competitive grant application to the Virginia Department of Emergency Management and FEMA. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management City Manage 1 AN ORDINANCE TO ESTABLISH CIP 7-058 "FLOOD 2 MITIGATION ASSISTANCE GRANT PROGRAM III" AND TO 3 ACCEPT AND APPROPRIATE A FLOOD MITIGATION 4 ASSISTANCE GRANT FROM THE VIRGINIA 5 DEPARTMENT OF EMERGENCY MANAGEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1 . That CIP #7-058 "Flood Mitigation Assistance Grant Program III" is hereby 11 established in the FY 2018-19 Capital Improvement Program; and 12 13 2. That $2,914,976 in federal pass through revenue is hereby accepted from 14 the Virginia Department of Emergency Management and appropriated, with 15 estimated federal revenue increased accordingly, to CIP #7-058 "Flood 16 Mitigation Assistance Grant Program III" for flood mitigation measures at 17 qualifying residential properties. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tkelij Budget and Management Services City Attorney's Office CA14470 R-1 June 19, 2018 IerraSp use :,,. ia sr .fit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $195,000 from the Fund Balance of the Town Center Special Service District Special Revenue Fund to the FY 2017-18 Town Center Special Service District Operating Budget for Contractual Services, Repair, and Maintenance MEETING DATE: July 10, 2018 • Background: The Town Center Special Service District (SSD) Special Revenue Fund was established by the City of Virginia Beach in May 2002 to provide enhanced services at Town Center. The fund was created to capture an additional real estate tax levy on all property owners within the district. These revenues are used to fund routine operation and maintenance of Town Center parking garages, streets, and sidewalks, as well as providing service delivery such as trash collection, security, beautification, and landscaping within the Town Center area. In the Fiscal Year 2017-18 Operating Budget, the Town Center SSD was appropriated $2,491,481 for these purposes. During the fiscal year, several unanticipated costs arose within the Town Center SSD. These costs are associated with one-time purchases that were not included in the original budget estimate. These enhancements were made to augment the aesthetics of Town Center. Examples of these one-time costs include engineering work to place festive over- head street lighting on Main Street, and the replacement of aging and faded street banners throughout all 17 blocks of Town Center. In addition to these one-time costs, operating expenses required to keep Town Center maintenance of the garages, security, enforcement, grounds and plaza at the current operating levels have increased. In February, the garage management contract was rebid. The new contract included increased costs for employee benefits along with additional costs of an enforcement vehicle and license plate recognition system to replace the old system which was no longer operational. The increased growth in the numbers of Town Center residents and daily visitors to merchants and restaurants located in Town Center have also increased costs associated with security, grounds, and plaza cleaning. Security was increased by one additional person to cover the late night shift, while an additional position was added to the enforcement team to assist with covering territory that contains time-restricted spaces. Parking space turnover and usage is essential to maintaining healthy commerce, and Town Center stakeholders and tenants continue to request an increased parking enforcement presence to monitor these two-hour restricted spaces. • Considerations: The combination of this year's increased activities within the Town Center SSD means that the Fiscal Year 2017-18 Town Center SSD revenues are not sufficient to meet the fund's obligations. A $195,000 appropriation of fund balance is needed to provide adequate funding to pay for the fund's expenditures in Fiscal Year 2017-18. The current fund balance of the Town Center SSD Special Revenue Fund is $1 .9 million. In the past two fiscal years, the Town Center SSD was able to increase its fund balance. Current building activity has allowed the Town Center SSD to remain vibrant as well as to increase its revenues. Additional tenants and visitors are expected as Block 9 is completed this summer that will further increase revenues. • Public Information: Public information will be provided through the normal agenda process. • Alternatives: These obligations are legally incurred and must be paid. • Attachments: Ordinance Recommended Action: Approval Submitting D,• • en •ency: Strategic Growth Area Parking Office City Manager: 1 AN ORDINANCE TO APPROPRIATE $195,000 FROM 2 THE FUND BALANCE OF THE TOWN CENTER 3 SPECIAL SERVICE DISTRICT SPECIAL REVENUE 4 FUND TO THE FY 2017-18 TOWN CENTER SPECIAL 5 SERVICE DISTRICT OPERATING BUDGET FOR 6 CONTRACTUAL SERVICES, REPAIR, AND 7 MAINTENANCE 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $195,000 from the fund balance of the Town Center Special Service 13 District Special Revenue Fund is hereby appropriated, with specific fund 14 reserve revenue increased accordingly, to the FY 2017-18 Operating Budget 15 of the Town Center Special Service District for contractual services, repair, 16 and maintenance. 17 18 2. The effective date of this ordinance is June 30, 2018. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the member of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (1,4),(9, _ Budget and Management Sery ces City Attorney's Office CA14480 R-1 June 28, 2018 a `; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $15,000 from the Virginia Department of Emergency Management to the Office of Emergency Management's FY 2018-19 Operating Budget and to Authorize an In-Kind Grant Match MEETING DATE: July 10, 2018 • Background: The City has been awarded a grant in the amount of $15,000 from the Virginia Department of Emergency Management (VDEM) through the 2017 Supplemental Emergency Management Performance Grant Program. This federal grant from the Department of Homeland Security passes through VDEM. The purpose of the grant is to support medically friendly shelter capabilities within the City of Virginia Beach. • Considerations: This is a 50/50 matching grant with the City receiving $15,000 of federal funds. A soft match of the same amount will be provided through in-kind resources (qualifying salary appropriations). The end of the program period for the grant is September 30, 2018. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Deprtr: • -ncy: Office of Emergency Management City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE OFFICE OF EMERGENCY 4 MANAGEMENT'S FY 2018-19 OPERATING BUDGET AND 5 TO AUTHORIZE AN IN-KIND GRANT MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1 . $15,000 in federal pass-through revenue via the Virginia Department of 11 Emergency Management, is hereby accepted and appropriated, with estimated 12 federal revenue increased accordingly, to the FY 2018-19 Operating Budget of the 13 Office of Emergency Management for support of medically friendly shelter 14 capabilities; and 15 16 2. An in-kind grant match in equal amounts to the federal revenue appropriated 17 herein is hereby authorized within existing resources, including salary 18 appropriations, of the FY 2018-19 Operating Budget of the Office of Emergency 19 Management. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 13_„r tz Budget and Management Services City At'torney's Office CA14469 R-1 June 15, 2018 r \NU 1 ,; 4._ 11; hy CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Transfer Funds in the Amount of$3,500,000 from CIP 9-053 Dome Site Entertainment Venue to CIP 9-045 Central Beach and Convention Districts Parking (2) A Resolution Authorizing the City Manager to Execute a Comprehensive Agreement for the Virginia Beach Sports Center Project MEETING DATE: July 10, 2018 ■ Background: The City of Virginia Beach received a consultant's study(the"Victus Study") in late 2016, which strongly indicated the capacity in the local market to support the development of a new indoor sports center (the "Sports Center") near the City's Convention Center. As discussed in the Victus Study, a new indoor sports center would have multiple favorable outcomes including additional hotel room nights, especially in the off-season, and reducing the sports tourism utilization of the Convention Center. The FY18 Capital Improvement Program ("CIP") included an appropriation of $4,000,000 for the initial design and planning of the Sports Center. The City Manager's FY19 CIP includes funding for an enlarged Sports Center, and it also includes funding for parking in the Central Resort Area of the City. At the February 20, 2018 Council meeting, the Council approved an Interim Agreement with MEB General Contractors, Inc. ("MEB") for preliminary design and site work for the Sports Center. At the April 17, 2018 Council meeting, the Council was briefed on the site selection for the Sports Center, and at that meeting, the Council gave informal approval for the site south of 19th Street and west of Jefferson Ave. The approval of the site provides the opportunity to begin preliminary design and site work for parking to the west of the approved Sports Center location. The City Council received a briefing on June 19, 2018 that provided funding details of the project. That briefing was a follow-on from a letter provided to the Council on June 12th. In the June 19th brief, the Deputy City Manager explained the necessity to transfer funds between two TIP-funded projects to allow the completion of the parking adjacent to the Sports Center. That request is included in this item. • Considerations: Two related items for the Sports Center allow the execution of the Comprehensive Agreement. The budget adjustment ordinance transfers $3,500,000 from CIP 9-053 Dome Entertainment Venue to CIP 9-045 Central Beach and Convention Districts Parking. If approved, the total funding for the parking will be included in the Comprehensive Agreement. The resolution authorizes the City Manager to execute a Comprehensive Agreement with MEB for the design-build of the Virginia Beach Sports Center. A summary of the proposed material terms is attached to this item and is consistent with the June 12th letter and June 19th briefing. As discussed in that briefing, the approval of the parking needed for the facility will require a transfer of funds, and sequentially, the transfer is required prior to or contemporaneous with the approval of the resolution for the Comprehensive Agreement. If approved, the Agreement could be executed on July 12th, which is 30 days after the date the Comprehensive Agreement was posted. • Public Information: Normal Council agenda process. As required by the City's PPEA Procedures, the Comprehensive Agreement and a summary of the material terms of the agreement was posted on the City's website. • Recommendations: Approve the ordinance and the resolution. • Attachments: Ordinance; Resolution; Summary of Material Terms; Cost Detail Sheet; June 12, 2018 Letter from the City Manager; Disclosure Form Recommended Action: Approval Submitting Depa - nt/Agency: City Manager's Office City Manager: �� ,' 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $3,500,000 FROM CIP 9-053 DOME SITE 3 ENTERTAINMENT VENUE TO CIP 9-045 CENTRAL BEACH 4 AND CONVENTION DISTRICTS PARKING 5 WHEREAS, the City Council adopted the FY 2018-19 Capital Improvement Program 6 on May 15, 2018 that included several projects that will transform the City's Resort Area 7 into a year-round destination; 8 9 WHEREAS, additional information has been received allowing for a refinement of 10 cost estimates related to the timing and costs of these projects; and 11 12 WHEREAS, while not appropriated, it is intended that the $3,500,000 being 13 transferred from CIP 9-053 Dome Site Entertainment Venue will be restored in FY 2019-20 14 and that amount will be reallocated from CIP 9-045 Central Beach and Convention Districts 15 Parking in that same fiscal year; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That $3,500,000 is hereby transferred from CIP 9-053 Dome Site Entertainment 20 Venue to CIP 9-045 Central Beach and Convention Districts Parking to allow execution of 21 the parking adjacent to the Virginia Beach Sports Center. 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: J /x QA*--)-- �I1.�.�� a - ✓moi Budget and Management Services City-Atter-y'- Office CA14482 R-1 June 29, 2018 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A COMPREHENSIVE 3 AGREEMENT FOR THE VIRGINIA BEACH SPORTS 4 CENTER PROJECT 5 6 WHEREAS, on September 26, 2017, the City received conceptual proposals under 7 the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from three 8 firms in response to a solicitation by the City for a sports center facility (the "Sports 9 Center"); 10 11 WHEREAS, the conceptual proposals were posted on the City's website 12 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines; 13 14 WHEREAS, after receipt of detailed proposals, the City undertook detailed 15 negotiations with the three firms that responded to the City's PPEA solicitation; 16 17 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to 18 provide input on the PPEA proposals as required by Virginia Code § 56-575.17.B; 19 20 WHEREAS, the City Council approved an interim agreement for preliminary design 21 and site work with MEB General Contractors, Inc., on February 20, 2018 for a maximum 22 cost of $2,336,971; 23 24 WHEREAS, the Council included funding for an enlarged Sports Center in the 25 FY19 Capital Improvement Program ("CIP"); 26 27 WHEREAS, the Council included CIP funding for parking in the Resort and 28 Convention Districts of the City; 29 30 WHEREAS, the City Manager presented to the Council a summary of the terms 31 that have been negotiated for the Comprehensive Agreement; 32 33 WHEREAS, on June 12, 2018, a copy of the Comprehensive Agreement in 34 substantially completed form was posted on the City website; 35 36 WHEREAS, the Council was briefed at its June 19th Informal Session the details 37 of the proposed Comprehensive Agreement; 38 39 WHEREAS, as contemplated the cost to design and build the Building with 40 Contingency is $55,439,754 and Parking with Contingency is $10,364,322; and 41 42 WHEREAS, the total cost, including the Interim Agreement, Building with 43 Contingency, and Parking with Contingency is $68,141,047. 44 45 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA. THAT: 47 48 1. Based upon the review of the proposals, the work from the Interim Agreement, 49 and advice provided by the City Staff, the City Council hereby determines that 50 entering into a Comprehensive Agreement for the design-build of the Virginia 51 Beach Sports Center with MEB General Contractors, Inc. will serve the public 52 purpose because (i) there is a public need and benefit to be derived from such 53 agreement, (ii) the price of $55,439,754 for the Building with Contingency and 54 $10,364,322 for the Parking with Contingency is reasonable in relation to 55 similar facilities, and (iii) the agreement will result in the timely development of 56 the Virginia Beach Sports Center. 57 58 2. The City Manager or his designee is hereby authorized to execute, after 59 approval for legal sufficiency by the City Attorney or his designee, a 60 Comprehensive Agreement with MEB General Contractors, Inc. for the Sports 61 Center Project. 62 63 3. The approximate date of execution for the Comprehensive Agreement is July 64 12, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Off e —City A orn- 's Office CA14378 R-1 June 21, 2018 PPEA COMPREHENSIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE VIRGINIA BEACH SPORTS CENTER SUMMARY OF MATERIAL TERMS Parties: City of Virginia Beach("City") MEB General Contractors, Inc. ("MEB") Project Description: MEB will design and construct an indoor sports facility of approximately 285,000 square feet for court sports and an indoor articulated track with approximately 1100 surface parking spaces to attract out-of-market tournament business for the Virginia Beach Convention and Visitors Center. Design— Build Cost: Interim Agreement $ 2,336,971 Building Construction $ 54,352,700 Owner's Building Contingency $ 1,087,054 Building Subtotal $ 57,776,725 Parking and Site Construction $ 10,161,100 Owner's Parking Contingency $ 203,222 Parking and Site Subtotal $ 10,364,322 Total Project Cost $68,141,047 Construction Schedule: Preliminary site work&clearing AUG 2018 Parking construction commences NOV 2018 Building construction commences DEC 2018 Final completion NOV 2020 Virginia Beach Sports Center MEB General Contractors, Inc. PPEA RFP for the City of Virginia Beach CIP 9-041 Virginia Beach Sports Center Contract#PWCN-18-0079 Cost Proposal Form- Building Summary 6/11/2018 Div/Item Description Total Comprehensive Agreement - Detail Design Phase,Architecture and Engineering 2,352,900 -Special Inspections and Material Testing 77,500 -Building Permit and Utility Tap Fees 325,100 -Bonds and Insurance 1,216,500 -Preconstruction Services 197,700 1 General Requirements 2,616,500 2 Site Construction 1,308,700 3 Concrete 4,700,800 4 Masonry 367,300 5 Metals 514,500 6 Wood and Plastics 307,900 7 Thermal and Moisture Protection 720,800 8 Doors and Windows 1,127,300 9 Finishes 4,615,500 _10 Specialties 399,900 11 Equipment 6,344,800 Furnishings Allowance(FF&E to Include Concessions Tables/Chairs and 12 Trainer/Medical Room FF&E) NA 13 Pre-Engineered Metal Building 12,098,000 14 Elevator 200,100 15 Mechanical 8,729,500 16 Electrical 6,131,400 Building Subtotal 54,352,700 Owners Contingency(2%of Subtotal) 1,087,054 Building Total w/Contingency 55,439,754 Interim Agreement Total 2,336,971 Total Building 57,776,725 Cost Proposal Form- Parking Lot Summary Div/Item Description Total Comprehensive Agreement - Detail Design Phase,Architecture and Engineering 329,900 -Special Inspections and Material Testing 16,500 - Bonds and Insurance 216,100 - Preconstruction Services 87,200 1 General Requirements 481,200 2 Site Construction 8,156,900 16 Electrical 873,300 Parking Lot Subtotal 10,161,100 Owners Contingency(2%of Subtotal) 203,222 Parking Total w/Contingency 10,364,322 Total Parking Lot 10,364,322 Total Project(Building+ Parking Lot) 68,141,047 ♦Q`c'1NlA BEAc, 04 /_. L 1.. Ti City Vrn13 h of igiiaeac - r J DA, *hooOUR NA�ONS V'Rgo .cnm OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1,ROOM 234 (757)427-5626 FAX 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9001 June 12,2018 The Honorable Louis R.Jones and City Council Members Subject: Sports Center PPEA Comprehensive Agreement Dear Council Members: As you know, on July 25, 2017, the City solicited conceptual proposals for a Sports Center facility in accordance with our PPEA procurement procedures. After review of the conceptual submittals, we solicited detailed proposals from each development team and ultimately selected MEB General Contractors, Inc. (MEB) to enter into an Interim Agreement approved by Council in February. The primary purpose of the Interim Agreement was to select a site, develop 15% drawings and negotiate a guaranteed maximum price (GMP) for construction of the Sports Center and associated parking. I am pleased to report that we have reached that milestone! We recommend awarding the Design- Build Comprehensive Agreement to MEB for a GMP of $57,776,725 for the building and $10,364,322 for the associated surface parking. We plan to schedule an ordinance for your consideration approving the Design-Build Comprehensive Agreement at your July 10, 2018 formal meeting. The Design-Build GMP predominately provides for the construction of the facility and any fixed assets in the building. Most of the furniture, fixtures, and specialized equipment will be provided by the Operator, and the remainder will be provided by the Convention and Visitors Bureau. We expect to negotiate those terms and a long term operating agreement with Eastern Sports Management by September. The City's PPEA procedures require that details of the terms be posted for public viewing 30 days prior to the execution of the Comprehensive Agreement. We have posted the terms today, and if approved by you on July 10th, I will be able to execute the agreement on July 12, 2018. Details of the terms have been posted to the Sports Center section of the City's Purchasing Division website including a summary of terms, the construction budget, 15%drawings and the construction schedule. DCM Williams and team will provide an updated overview of the project during the Entertainment District briefing at your June 19, 2018 meeting. Thank you for your support of this project. We are poised to create a unique,world-class sports tournament experience like no other in the United States. Res,�i David L.. sen City Manager DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: MEB General Contractors Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER (use ded)additional sheets if L nee ® El Accounting and/or preparer of Lewis & CO, PC your tax return Financial Services (include TowneBank El lending/banking institutions and current mortgage holders as applicable) Vandeventer Black LLP El Legal Services MEB General Contractors Ei Broker/Contractor/Engineer/Other Clark Nexsen Service Providers Hanbury ICG, Inc. Beynon Sports Surfacing CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Briton Schwartz, Vice President 02/13/18 APPLICANT'S SIGNATURE PRINT NAME DATE J. PLANNING 1. ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC. for Modification of Conditions re group home at 5677 Herbert Moore Road (Approved April 16, 1979) DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 2. ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem Road (Approved November 27, 1990) DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 3. JOHN S. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG-2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. J AND B DESIGN, INC. and VILLAGE SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. THE LASH CEO,LLC and SIFEN DEVELOPMENT COMPANY, INC. for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at 5716 Blackwater Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. HALLE PROPERTIES, LLC and GOPA THREE, LLC for a Conditional Use Permit re automobile repair garage at 620 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL APPLICANT REQUESTS WITHDRAWAL Nay 4., ,._• ,.,.._._._, },,, L�Lti vW. 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, July 10, 2018 at 6:00 p.m., at which time the following applications will be heard: 1 and 6 Design, Inc. [Applicant] Village Shoppes Associates, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 3157 Virginia Beach Boulevard (GPIN 1497057220) COUNCIL DISTRICT - BEACH The Lash CEO, LLC [Applicant] Sifen Development Company,Inc.[Owner] Conditional Use Permit (Tattoo Parlor) 1060 Lynn haven Parkway (GPIN 1496113563)COUNCIL DISTRICT-ROSE HALL Nina &William Gilbert[Applicant/Owner] Conditional Use Permit (Residential Kennel) 5716 Blackwater Road (GPIN 1398176071) COUNCIL DISTRICT - 17- PRINCESS ANNE Enoch Baptist Church [Applicant] LI r' Volunteers of America, Inc. [Owner] I) Modification of Conditions(Group Home) 5677 Herbert Moore Road (GPIN 1468138917) COUNCIL DISTRICT - KEMPSVILLE John S. & Karen S. Waller [Applicant/Owner] Conditional Rezoning (AG-1&AG-2 Agriculture to Conditional R- 10 Residential)2313 Treesong Trail,East and North sides of Treesong Trail (GPIN 2414756758) COUNCIL DISTRICT - PRINCESS ANNE Halle Properties, LLC [Applicant] GOPA Three, LLC [Owner] Conditional Use Permit (Automobile Repair Garage) 620 . First Colonial Road (GPIN 2407881313) COUNCIL DISTRICT-BEACH St. Luke Catholic Church [Applicant] Catholic Diocese of Richmond[Owner] Modification of Conditions(Religious Use) 2304 Salem Road (GPIN 1484153136) COUNCIL DISTRICT-PRINCESS ANNE 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: htto://www.vbgov.convi,. For information call 385-4621. 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). BEACON: JUNE 24,2018&JULY 1,2018 -1 TIME EACH. (ITEM II-H.1.c) ITEM 413595 Mr. Frederick H. Hodges, Executive Director, represented the application On motion by Councilman Holland, seconded by Mayor Standing, City Council voted to APPROVE the following ordinance upon application o>` Volunteers of America, Inc., for a Conditional Use Permit for a residential home for the mentally retarded 4ivelop'mzitaTly dis- abled: ORDINANCE UPON APPLICATION OF VOLUNTEERS OR AMERICA RO479242 FOR A CONDITIONAL USE PERMIT FOR A residential home for the mentally retarded/developmentally disabled BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: An Ordinance upon' Application of Volunteers of America, Inc., for a Conditional Use Permit for a residential home for the mentally retarded/de- velopmentahly disabled on certain property located on the South side of Moore's Pond Road beginning at a point 464.50 feet East of Baker Road, running a distance of 80 feet along the South side of Moore's Pond Road, running a distance of 330.+1 feet along the Eastern property line, running a distance of 230 feet along the Southern property line, running a distance of 100 feet in a Northerly direction, running a distance of 50 feet in an Easterly direction, running a distance of 102.73 feet in a Northeasterly direction and running a distance of 155 feet in a Northerly direction. Said parcel contains .97 acre. BAYSIDE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. Parking at a ratio of 1 space per 4 patient beds. 4. Minimum side and rear yard setbacks:of 20 feet. 5. Right-of-way improvements are to be installed along Moore's Pond Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities, and street lights; however, DRIVEWAY AND PARKING APRON ARE TO BE EXCLUDED FROM CURB AND GUTTERING AT THIS I TIME, BUT MAY BE REQUIRED AS DEEMED BY THE ADMIN- ISTRATION OF THE CITY OF VIRGINIA BEACH AT SOME LATER TIME. 6. Right-of-way improvements along Baker Road are to be bonded in conjunction with the subdivision of the property. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 day of April , 1979. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: J. Curtis Payne \4• 'clg ` '' .-------- -----t t \--'oh, t \\-/ G:,,.c - — 0 I A, 21. .Ati ri._ _ , 7,1 7,\ ____ ,At u_.,711#31 __ 01A Attie., .,..._. 6 act IP I.I..-Ili kill;wil 1 t IOW lit' .:ti' V tra 1 17\Ail IIII ilirittilk \ ? SOS I IS* trit lot ' ‘-a***1 'I Vi Lill 0111% 41' Itiiir ' '''f-1 T-..., ,----is iik. 0, i ,,iii&i, OS ii li oiiiiiiiim - t- - - --\ los li,00 , , 7./ vo'S- ....... - 0,00 010. * out Y 10 Q ,I 6,4 SO ID Alis, _____,,, . riii--," .\v,, _, _c%) se-L ___A-3-----\ tv-r fp rit 1 - \ 7. _, - . . ,, ,,-4 , ,, ,, . %- Ca Q _ ' 01* i Wviros r� t4 0, 1,4y wk ♦ 4i, ,,--S-_ , WI re: ' t F 14 c4 ,st ici 0101 sot \hitt%-\411livoiv‘i' wit ik \isrio vkfop' 4 -c:it or_i,,* wookii ITI , „,,,, , 01001. vo , ›..,..1‘ ,„ , so . 11r44. vo ,ci X00, `• la '� � ��- *la OM �� stows _ igli a i ad \ WW1 lismai i• 119i ----vox .011r01 Q LO r li g c -,. -.4e-,,„ cie--, .,,, 4..,_ j -,..,,:,,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ENOCH BAPTIST CHURCH [Applicant] VOLUNTEERS OF AMERICA, INC. [Property Owner] Modification of Conditions (Group Home) at the property located at 5677 Herbert Moore Road (GPIN 1468138917), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: July 10, 2018 • Background: In 1979, a Conditional Use Permit for a Group Home was approved by City Council, which provided housing as well as resources to individuals with intellectual disabilities until its closure in 2017. As the focus of the applicant's outreach efforts have recently changed, the church desires to convert the use of the home to aid individuals who are facing homelessness. The home will support up to 13 individuals, who, for a nominal fee, will live on site for up to two years. Due to this change of use, the applicant is requesting a Modification of Conditions. • Considerations: Volunteers from the church and from within the community will manage the day- to-day operations of the Group Home, which will be open 24 hours a day, seven days a week. This home will be a valuable asset to the City of Virginia Beach, as it helps in the City's mission and longstanding goal to address and end homelessness in Virginia Beach. Staff believes, and the Planning Commission concurs, that this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. Further details pertaining to the request, as well as Staff's evaluation, 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 applicant shall obtain all necessary building permits and shall obtain a Certificate of Occupancy from the Building Official's Office prior to the occupancy of the Group Home. 2. The Group Home shall be limited to a maximum of 13 residents. Enoch Baptist Church Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. , Sr_.. r--------4 Submitting Department/Agency: Planning Department City Manager: Applicant Enoch Baptist Church Agenda Item Property Owner Volunteers of America, Inc. j Public Hearing June 13, 2018 4 OW of City Council Election District Kempsville Virginia Beach Request ::: :: n:::onsoom \ I F Fts , c- `� ._ ' g Approval t (...k .,,, = i,,,..111` w I. r Ora"air Staff Planner �^,o" `t° \��` Marchelle Coleman �M,�,0100. . i s Location oe Q '�..+•°``e 5677 Herbert Moore Road °'�Nt rgym ° GPIN i c�'L �! ' 1468138917 c �` etd,,.d°tee. w J s Site Size 1.1 acre �, P�" "' ' . ` �' .) AICUZ evn ,�>`"o` i N ,,,„, Less than 65 dB DNL ,,� II -V V'. 6' Watershed Chesapeake Bay Existing Land Use and Zoning District Group Home/ R-10 Residential , _ - •. Surrounding Land Uses and Zoning Districts - ,,U:;- a►*o°: North Herbert Moore Road Townhomes/A-12 Apartment Southt ,«� Townhomes/A-12 Apartment �'; .* Ihk - East i 1 , ;. Church/R-10 Residential ”' `_; West , IL • t`� � s Church/R-10 Residential Ak - s. ~ hit, w P� • I v 1 Drit Enoch Baptist Church Agenda Item 4 Page 1 Background and Summary of Proposal • In April 1979, under a different applicant, a Conditional Use Permit for a Group Home was granted on this property to provide housing and resources to individuals with intellectual disabilities. This Group Home was in operation until 2017. • As the focus of the church's outreach efforts has changed, a Modification to the Conditional Use Permit is now requested in order to establish a Group Home that will provide housing for individuals who are homeless or near homelessness. • The intent of the home is to provide housing and resources for up to 13 individuals who desire to become viable renters and possible homeowners in the future. According to the applicant,the occupants will pay a nominal fee to stay in the home for up to two years.This fee will be all-inclusive and will cover the residents'stay in the facility,food, and supplies.The occupants will also undergo a background check prior to becoming residents of the home. • Volunteers from the church and from within the community will manage the day-to-day operations of the Group Home,which will be open 24 hours a day, seven days a week. Zoning History # Request A ' s \ A.-)3 Aif; 1 MOD Approved 01/06/2015 A�14 �bGoo�" ^` - MOD Approved 12/01/2009 fy.. '" - 12 . CUP(Outdoor Basketball/Tennis Court)Approved li:.-.,. -.� % toal 12/01/2009 ��.�t+Aro .< , CUP(Child Care Center)Approved 04/12/2005 MOD Approved 08/28/2001 `f• A CUP(Church)Approved 12/16/1997 ` CUP(Church)Approved 02/11/1992 3 ft- _ 2 CUP(Home Daycare)Approved 11/18/2008 R-15 A-1 3 CUP(Communication Tower)Approved 08/12/2008 , ( -'.. ‘ , ; ‘\ CUP(Student Dormitories)Approved 02/27/2007 ' E 4 CUP(Wireless Communications Tower)Approved 4� - __ 02/13/2007 A 12 5 MOD Approved 04/12/2005 -" _ CUP(Church Expansion)Approved 11/09/2004 A-18 „ 6 CRZ(R-10 to Conditional A-12 )Approved 7 `. a ..2 ---- 12/09/2003 1 7 CUP(Private School)Approved 02/22/1994 8 CUP(Group Home)Approved 04/16/1979 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation In Staff's opinion,this Modification of a Conditional Use Permit is acceptable. As mentioned previously, a Conditional Use Permit for a Group Home was granted by City Council in 1979. The applicant proposes to convert this Group Home from a residential home for individuals with intellectual disabilities to a home for individuals who need housing. This Enoch Baptist Church Agenda Item 4 Page 2 home will be a valuable asset to the City of Virginia Beach, as it helps in the City's mission and longstanding goal to address and end homelessness in Virginia Beach. Staff believes that this use will not change the character of the neighborhood and will not adversely affect the surrounding properties. The eight parking spaces on the site meet the parking requirements for this use, as set forth in the City of Virginia Beach Zoning Ordinance. Based on the considerations stated above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions The Conditions of the Conditional Use Permit for a Group Home dated April 16, 1979 are hereby deleted and replaced with the following conditions: 1. The applicant shall obtain all necessary building permits and shall obtain a Certificate of Occupancy from the Building Official's Office prior to the occupancy of the Group Home. 2. The Group Home shall be limited to a maximum of 13 residents. 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. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant cultural resources associated with the site. Enoch Baptist Church Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Herbert Moore Road No Data Available Existing Land Use 2-15 ADT Baxter Road 11 883 ADT 1 13,600 ADT 1(LOS 4"C) Proposed Land Use 3-15 ADT 15,000 ADT 1(LOS°"D") 1 Average Daily Trips Z as defined by a homeless 3 as defined by a homeless prevention 4 LOS=Level of Service prevention facility facility Public Utility Impacts Water&Sewer The site currently connects to City water and sewer service. Enoch Baptist Church Agenda Item 4 Page 4 Site Layout 4 ti3-A--- `_ 1 d ti ea -'1i1:4-: alt - j� r� 1 E c• J} Nt\ c c `` 'mgr p x 3 WG w 03 • k.t,,-...., \V r (O4 t{ , _ '* 1 O ' \____ —V Enoch C AgendaBaptist Itemhurch 4 Page 5 Site Photos • 4011111/07 1' , , Enoch Baptist Church Agenda Item 4 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Enoch Baptist Church DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of • APPLICANT NOTIFIED OF �/�n 17 NO CHANCES AS .I (0/22/IS ,/foi Marchelle L. Coleman ▪ REVISIONS SUBMITTED Enoch Baptist Church Agenda Item 4 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. 4 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Enoch Baptist Church If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (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 footnotest and 2 4 E SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El 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:Volunteers of America, Inc. If an LLC, list the member's names: Page 2 of 7 Enoch Baptist Church Agenda Item 4 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 z -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 Enoch Baptist Church Agenda Item 4 Page 9 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/ l�1 Land Planner ❑ Contract Purchaser(if other than 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed N1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) rin Construction Contractors 1-1 Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders l� selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ (�I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Enoch Baptist Church Agenda Item 4 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application, , f Prr� Michael Daniels /,, l•'/4 APPUCANT'S SIGNA • PRINT NAME DATE Page 5 of 7 Enoch Baptist Church Agenda Item 4 Page 11 Disclosure Statement Enoch Baptist Church 5641 Herbert Moore Road Virginia Beach,VA 23462 Pastor Rev, Michael G.Daniels,D. Min. Board of Deacons Chris Scott(Chairman) Ivan Watson Ronald McCoy James Bailey Anthony Jones Leo Thomas Tyronne Williams Sr. Tyrone F.Williams Michael Nichols Darren Stallings Stevie King Frank Eason Brent Sanders Walking Deacons Greg Turpin Phillip Riddick Board of Trustees Larry Hunter(Chairman) Barbara Booker-Williams Barbara Rogers Enoch Baptist Church Agenda Item 4 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ,=, Accounting and/or preparer of your tax return m Architect/Landscape Architect/ ralo Land Planner ❑ Contract Purchaser(jf other than ® the Aoolicant)- identify purchaser and purchaser's service providers _ Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I 1 ® Construction Contractors Engineers/Surveyors/Agents Financing (include current N mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElN Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Enoch Baptist Church Agenda Item 4 Page 13 Disclosure Statement -is 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. i i Mike King 105/09/18 i .___.-- .________6_ .. _ PROPERTY OWNER'S PRINT NAME , DATE Page 7 of 7 Enoch Baptist Church Agenda Item 4 Page 14 Disclosure Statement A)Officers of Volunteers of America,Inc.: Mile King,President/CFH of Volunteers of America,Inc. Richard Cavanagh,Chairperson Rubye Noble,Vice Chairperson Rubye Noble,Acting Secretary Jerry Langley,Treasurer Directors of Volunteers of America,Inc.: Richard Cavanagh Thomas Bierbaum Rubye Noble Linda Bowers June Kocgcl Elaine Dahlgren Jerry Langley Karen Dale R.N.,MSN Mike King Thomas Dolan Manuel Martinez David W.Fennell Karen Mathis Paula Hart Gerald McFadden Renee Huffaker Leo McFarland William P.Jennings Dr.Madhukar Rao Angela King James LeBlanc Jeffrey Slavin Tere Pettitt Russ Snyder Donald Russell Allison Tutwiler Lenny Simmons Jacqueline Woods Curt Zaske B)Affiliated Business Entity Relationships: Volunteers of America,Inc.is a nonprofit organization with a national presence and is affiliated with various single-asset property owners throughout the country that provide affordable housing to low-income residents. Enoch Baptist Church Agenda Item 4 Page 15 Item#4 Enoch Baptist Church Modification of Conditions 5677 Herbert Moore Road District—Kempsville June 13, 2018 CONSENT CONDITIONS The Conditions of the Conditional Use Permit for a Group Home dated April 16, 1979 are hereby deleted and replaced with the following conditions: 1. The applicant shall obtain all necessary building permits and shall obtain a Certificate of Occupancy from the Building Official's Office prior to the occupancy of the Group Home. 2. The Group Home shall be limited to a maximum of 13 residents. Mr. Hodgson: Thank you Mr. Horsley. The next matter is agenda item number four; this is an application for Enoch Baptist Church for a modification in conditions for a group home on property located on 5677 Herbert Moore Road in the Kempsville District. Is there a representative here? Good afternoon. Ms. Bowden: Sandra Bowden. Mr. Hodgson: Have you seen the conditions and they are acceptable? Ms. Bowden: Yes sir I have. Mr. Hodgson: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The chairman has asked Commissioner David Weiner to please read this item in the record. Mr. Weiner: Thank you Mr. Hodgson. This is a Modification of Conditions for a Group Home. In April 1979,under a different applicant, a Conditional Use Permit for a Group Home was granted on this property to provide housing and resources to individuals with intellectual disabilities. The Group Home was in operation until 2017. As the focus of the church's outreach efforts has changed, a Modification to Conditional Use Permit is now requested in order to establish a Group Home that will provide housing for individuals who are homeless or near homeless. The intent of the home is to provide housing and resources for up to 13 individuals who desire to become viable renters and possible home owners in the future. According to the applicant,the occupants will pay a nominal fee to stay at the home for up to 2 years. This fee will be all inclusive and will cover resident's stay in facility, food,and supplies. The occupants will also undergo a background check prior to becoming residents in the home. Volunteers from the church and from within the community will manage the day to day operations that will be Group Home which will be opened 1 24 hours a day seven days a week. Staff has recommended this for approval and we put it on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By a recorded vote of 10-0, items number one, two, three, four, D1 and D3 have been approved by consent. 2 - 18 - Item II-H.i.a PUBLIC HEARING PLANNING BY CONSENT ITEM ;f 33763 Upon motion by Councilman Louis Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of WALTER F. SULLIVAN, Bishop of the Catholic Diocese of Richmond for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WALTER F. SULLIVAN, BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND FCR A CONDITIONAL USE PERMIT R011901348 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Walter F. Sullivan, Bishop of the Catholic Diocese of Richmond, for a Conditional Use Permit for a church and an education/social center on the north side of Salem Road beginning at a point 350 feet west of Lisbon Road. The parcel Is located at 2304 Salem Road and contains 8.618 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: I. Only one entrance shall be allowed off Salem Road to this site. 2. Right and left turn lanes may be required with the development of this site. 3. Site plan must be modified to show an area for construction of a wet pond to handle stormwater runoff in accordance with the Stormwater Management Ordinance. The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT Is hereby made a part of the proceedings. This Ordinance shall be effective In accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh of November, Nineteen Hundred and Ninety. November 27, 1990 - 19 - Item II-H.1.a PUBLIC HEARING PLANNING BY CONSENT ITEM 0 33763 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baan, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 27, 1990 t..... ., 1r" I 01 (19 < 0 ---___ < f; ,..., /........./ 4..14,4:41WQ.C2 illir / a '4 4 ..* '':. 1/24....41 t 0 # ioen , I< ..,,,mr/ ...:4 kg).. '\10 f' gitlil . , , ....., .... ., i_sz / i ,. (pat 1 .. I. = --4 / 4) a • t -4411;p 1 in i l' el.11 4 4 CI )\ / IQ. likile • .1 Williti. - . -..., • .- • <N-.....„,...../ ,,,Pr 10 ' ....(1 K1 i Wm. at : t..I fl> 7 } Lelerr% ."' , "\..." I tI a••••, ,."...* ...., 6_ • __ ii,,-t., ....._ _. --r-ree ,..„7:: ... .1.. ,.,_ ""-..... --'•-•- r '4 4(ii, .4* ...- ...... 0 ' in ,_ ..,:t...,,.... ." ,...c.\..s. in 4, isjiv•-..., Arc ... -„,,.... ...,.,.... f: _ , ,. . . , #. .. , .... • • Arm ae 4s ....-... ...I .... .... . . , .., ,.. .). - .... ..,..> lo _.., .. . ." .. . ....... .„ _,. ....„ K../ , ,........b, „.. 5 • .. ..... 4. • ........ ,.. . , , _ . • ' (>7.1.:\: • \' ) . \ v .. . -%. - q r_ . if.:1y, G•��— d s f�; G. �l:.=..7:::,;;•-' CITY OF VIRGINIA BEACH \.......„. AGENDA ITEM J ITEM: ST. LUKE CATHOLIC CHURCH [Applicant] CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions (Conditional Use Permit for a Church approved by City Council in 1989 & modified in 1990, 2010, & 2014) for the property located at 2304 Salem Road (GPIN 1484153136), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 10, 2018 • Background: The original Conditional Use Permit for St. Luke Catholic Church was approved by City Council in 1989 and modified in 1990. In 2010, the church was granted approval to locate temporary mobile units behind the sanctuary for a period of five years. In 2014, City Council approved a modification that permitted the mobile units to remain on the site for an additional five years. The church now desires to increase the parking lot as well as expand the existing church building from 11 ,250 to 18,500 square feet for administrative offices, restrooms, a kitchen, classrooms and a gathering space. The proposed building expansion will eliminate the need for the mobile units, and they will be removed from the property. As the design of the building and the layout of the site will change, a Modification of Conditions to the existing Conditional Use Permit is requested. ■ Considerations: The proposed building expansions will complement the architectural design and character of the existing building. The addition of 35 parking spaces will assist in meeting the needs of the church. The proposal will not affect the compatibility of the church use with the surrounding area, and will improve the aesthetics of the site as the mobile units will be removed. • 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 . All conditions of the Conditional Use Permit granted by City Council on November 27, 1990 shall remain in effect. 2. The mobile units shall be removed from the site within 6 months of City Council approval. St. Luke Catholic Church Page 2 of 2 3. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, IMPROVEMENT & LAYOUT PLAN," dated 10/20/2017, and prepared by Waller Todd & Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, EXTERIOR MATERIAL FINISH COLOR ELEVATIONS," dated 11/21/2017, and prepared by Waller Todd & Sadler Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, PLANTING PLAN," dated 10/20/2017, and prepared by Waller Todd & Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departrr}ent/Agency: Planning Department City Manager: ilk/BApplicant St. Luke Catholic Church Agenda Item Property Owner Catholic Diocese of Richmond Public Hearing June 13, 2018(Deferred by Planning Commission,May 9,2018) City Council Election District Princess Anne Virginia Beach Request % a}`'"*"w,,,, Wh,„h 0.4p Modification of Conditions (Conditional Use ,, ° / 4m,w,4"..o o Permit for a Church approved by City Council in ``\ ,-,01 k / / 1989& modified in 1990, 2010, and 2014) "'• ,1 g` ___. 49i { Staff Recommendation / 9� �� Approval Staff Planner 1 Jonathan Sanders Sn,.wuY. i. 3 ?.. e i 3 t Location /de DNL c W 2304 Salem Road D °•./ R GPIN 7C?S d601,: 1484153136 Site Size 8.62 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 1, dc „ �„� ' «:�”'�'-'•'�'r h -_ ,�f., :, Church, single-family dwelling/R-15 Residential e � "''� ' 71.4 ki *, -0tA 5 , '• = �; Surrounding Land Uses and Zoning Districts 6" 91 • • fir' 1 <. t, • � North 'Y. . Cultivated field, single-family dwelling/ R-15 Residential South s $" « Salem Road f' �, Single-family dwelling, cultivated field/ R-15 Residential / ` , r. East � ' 4 Cultivated field/ R-15 Residential i 'o�' ; ' , West v ,�`.y, ,;p+ '*'tae .,��. ! ` '� a ` ,r. , ; '73 a•% Cultivated field, single-family dwelling/ R-15 # Residential .' ,r f sa ! , St. Luke Catholic Church Agenda Item D3 Page 1 Background and Summary of Proposal • This request was deferred at the May 9, 2018 Planning Commission public hearing to provide more time for the applicant to complete preliminary stormwater management strategy revisions. Since the deferral,the Development Service Center has indicated that the preliminary stormwater management strategy has the potential to successfully comply with stormwater regulations for the site. • The subject 8.62 acre site is currently zoned R-15 Residential District and consists of a church,two mobile units, and a single-family dwelling. « The original Conditional Use Permit for St. Luke Catholic Church was approved by City Council in 1989 and modified in 1990. In 2010,the church was granted an approval by City Council to locate temporary mobile units behind the sanctuary for a period of five years. In 2014, City Council approved a modification that permitted the mobile units to remain on the site for an additional five years. « The church is now requesting to expand the existing church building from approximately 11,250 to 18,500 square feet. The expansion requires a modification to the Conditional Use Permit and includes a tower and entrance nave on the west side of the building and a 6,812 square-foot addition on the north side of the building. The northern addition includes space for administrative offices, restrooms, a kitchen, classrooms and a gathering space.These proposed expansions eliminate the need for the mobile units;therefore,the structures will be removed from the property. • The plan also depicts an extension of the parking lot by 35 additional spaces. The number of parking spaces proposed meets the requirements of the Zoning Ordinance. • The exterior facade of the proposed building additions will mimic the architectural style and materials of the existing church building. Smooth and split-face concrete masonry units are proposed, as well as a stucco finish in a neutral tone above the masonry. A gray-colored standing seam metal roof is proposed on the entrance addition and administrative building. • The proposed planting plan includes nine new trees in the parking lot and north of the sanctuary, and plants along the foundation of the building. St. Luke Catholic Church Agenda Item D3 Page 2 Zoning History # Request �p a 9 1 MOD(Religious Use)Approved 11/25/2014 ° -©7,,i� ®®®. .Q MOD(Religious Use)Approved 01/26/2010 4' ® r CUP(Church and Education/Social Center) �► '° 4) *il®� Approved 11/27/1990 ,,\ '`e CUP(Church)Approved 01/09/1989 !i<. -1 / 6 AG-1 2 SVR Approved 05/09/2000 • 3 SVR Approved 09/06/2016 K.,/ " _ f 4 CUP(Open Space Promotion)Approved 09/10/2002 5 MOD Approved 01/24/2012 CUP(Religious Facility)Approved 11/25/2008 � 6 CUP(Outdoor Recreation Facility)Approved ff , �a 09/27/2011 ) ,. 4Noff A /‘ ,. CUP(Indoor and Outdoor Recreation Facility) �,�"�! ® AG-2 Approved 02/03/2009 +'" R-15 CUP(Outdoor Recreation Facility)Approved 03/26/2002 ��"'iiijjj 03/26/2002 }t tg I /Avi-2 CRZ(0-2, B-2, R-10 and H-1 to Conditional AG-1) Approved 05/27/1997 7 CUP(Religious Facility)Approved 10/25/1994 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 It is Staff's opinion that the proposed building expansions of the St. Luke Catholic Church will complement the architectural design and character of the existing building and will have sufficient parking to meet the needs of the church. The proposal will not affect the compatibility of the church use with the surrounding area, and will improve the aesthetics of the site as the mobile units will be removed. As noted above,the DSC is confident that the submitted preliminary stormwater management strategy has the potential to successfully comply with stormwater regulations for the site. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. St. Luke Catholic Church Agenda Item D3 Page 3 Recommended Conditions 1. All conditions of the Conditional Use Permit granted by City Council on November 27, 1990 shall remain in effect. 2. The mobile units shall be removed from the site within 6 months of City Council approval. 3. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, IMPROVEMENT& LAYOUT PLAN," dated 10/20/2017, and prepared by Waller Todd & Sadler Architects,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance,size and materials to the elevations entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, EXTERIOR MATERIAL FINISH COLOR ELEVATIONS," dated 11/21/2017, and prepared by Waller Todd &Sadler Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, PLANTING PLAN," dated 10/20/2017, and prepared by Waller Todd &Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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 There are no known significant cultural resources associated with the site. St. Luke Catholic Church Agenda Item D3 Page 4 The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Salem Road 3,535 ADT 13,600ADT 1(LOS°"C") Existing Land Use 2-740 ADT 16,200 ADT 1(LOS°"E") Proposed Land Use 3-740 ADT 1 Average Daily Trips 2as defined by a church 3as defined by a church with 400 seats 4 LOS=Level of Service with 400 seats in the main in the main gathering space gathering space Public Utility Impacts Water&Sewer The site is currently connected to City water and sanitary sewer. St. Luke Catholic Church Agenda Item D3 Page 5 Proposed Site Layout f ! y 1 ire 3 " y- -r r i �, i .w . / l` �._ , a 't-�r�- • Za t: ,,. P €rye sY k, t �- , ,. , . , ,: ---s - „.. _ 1 . Proposed Addition 9 €e t i a • Rte, ; aExisting Building 11,r a ' l "" �E : ' ° . .ir...„1",,,ce ',„'*,...“ y 4: ;- .•,„., a $ �i -'4,; . Alr 4 \' ,a /J1 ° Existing Parking Lot ii 414 10- 1" �� aI/ i spa.ago. - f Parking Lot Expansion I• J _ . .. A:`�..„,`f, i I II SL �h r 1 a* is r. t . c.4.7 • ; ' 4t • '• St. Luke Catholic Church Agenda Item D3 Page 6 Proposed Planting Plan _ - •' (_ — = f`%r .� 4_ �_ � M' \\\ ill ..:::. . ..\,_,:j.: i I I: . iv. ) 4 'I ► • a 1 i1 1 N� b t - 4 4 AlLt.L *;.. - I 36111. Li:. 7. tw:‘ _..r-li C:11:__1 * i ON): , .., .. , i __. ,:y., oe, 1 , ........_. E ii? uw,.. i 1:771 • o � r-� i " ; Ire ,. . r . 1 . ;44:;" )11 b. iii.'' . 4 Nillgirli. Tic,' ' iff --- I _ - :k_ ti i . fill I.......„.. . . i .. . i ._.... . . "• a f Cr :rill d i''' 't1 ,-,-;-----------1 II i i , 1 ••. , y Mill All i f ..r -aI. .A lora.ar a.,.a 1111111 M 4 4 II f St. Luke Catholic Church Agenda Item D3 Page 7 Proposed Elevations ..•• 81401.1.VA313 I:10103 efile4li 1YRi3laT4 klatialle • .• r2 ..,,I .." .76•Iii'''. li!!! NOII.VAON311 V NOWOCIV . i-ounHo 0101-11V0 S 3>4r1 is , r"=-1L— P- I •.I - . '•3 6 -,--.' ,..._,J "—lilting IIc c B k • 0 ,k .1 ., _ 'IL NM i le 1 1 I l ! k 11 II im a .. .. ill i „ .1 ,„ .:„„ - 111 § g I- '• 4/ \ I5 ... ' 'II": m 4 , s \ L :: ..-- ... Zi 3. I 1 , I _ 1 ,._, • .... . , . ° — mil . . •Ess 4 e - .• : .... , EIE i-• • ••'" I , . . • :- E , ... . < 4 1 III 12! • I ; I / t 1 .. 1 ea t .. .. , I 1 , 5 - -<-1 i . t - ..... 4... ; .. , , , i: . . • , I a •ti. .-- 41) , - -—- St. Luke Catholic Church Agenda Item D3 Page 8 Site Photos , i,li-.411IIf 1Pi �- •s, :� ' � 4i a ih: y J -.—' . . . —. ','.-....::_.: I 11 ,. \% I 4-t., , ' ``� + ' ''I. ' ': , sramillppr n St. Luke Catholic Church Agenda Item D3 Page 9 Disclosure Statement , VB irginia Beach APPLICANT'S NAME St. Luke Catholic Church 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 for1 (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 pr. to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the app - =-.;s! APPLICANT NOTIFIED 01 HEARING DATE NO CHANGES AS OF DATE q' /I s J S _Jonathan Sanders 0 Rry c oNC Gt IEMITTFt) DATE St. Luke Catholic Church Agenda Item D3 Page 10 Disclosure Statement 1/13 Virginia Reach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:St. Luke Catholic Church If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Rafael Peprah, Pastor; Lito Magsombol, Deacon/Business Manager;William Brown, Finance Council Chair; Lina Valencia, Suzanne Rufh, Regina Gomez, Florentina Lizan- Finance Council Members (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 footnotest and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Apnlican(. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 4 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:Catholic Diocese of Richmond If an LLC, list the member's names: Page 2 of 7 St. Luke Catholic Church Agenda Item D3 Page 11 Disclosure Statement 11/4),B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc below: (Attach list if necessary) See attached letter. (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 St. Luke Catholic Church Agenda Item D3 Page 12 Disclosure Statement APPLICANT 3niBcIi YES NO SERVICE PROVIDER(use additional sheets if needed) I I ix Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Waller,Todd&Sadler Architects Land Planner Contract Purchaser(if other than xithe Aaolicant)- 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 • ElI I Engineers/Surveyors/Agents WPL Financing (include current ❑ II mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) )17 Legal Services Margaret Mary Looby Real Estate Brokers lnl 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 St. Luke Catholic Church Agenda Item D3 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I 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. w,.'.*1 RAPHAEL PAPRAi+ / i APPLICANT'S SIGN,. �: PRINT NAME DATE Page 5 of 7 St. Luke Catholic Church Agenda Item D3 Page 14 Disclosure Statement \113 OWNER Virginia Beach LYES NO] SERVICE PROVIDER(use additional sheets if needed) C ® Accounting and/or preparer of your tax return i l ® Architect/ Landscape Architect/ Land Planner - Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ,4 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ��' Engineers/Surveyors/Agents Financing (include current I I - mortgage holders and lenders w selected or being considered to provide financing for acquisition or construction of the property) // Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C ix 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 arid what is the nature of the interest? Page 6 of 7 St. Luke Catholic Church Agenda Item D3 Page 15 Disclosure Statement 173 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information; provided herein two weeks prior to the Planning Commission, Council, VEDA; meeting, or meeting of any public body or committee in connection with this Application. 04-ji I R_ APHAGL PePRAH r:1227/pie {PROPERTY OWNER'S SIG'tATURE PRINT NAME DATE Page 7 of 7 St. Luke Catholic Church Agenda Item D3 Page 16 Disclosure Statement III hi I I , '.' Diocese of Richmond a r Office of the Bishop March 28,2018 Mr.Jonathan Sanders City Planner City of Virginia Beach 2405 Courthouse Drive Virginia Beach,VA 23456 Dear Mr. Sanders: This is' to certify that I am the Bishop of the Catholic Diocese of Richmond, a corporation sole under the provisions of Section 57-16, Code of Virginia and the Coe of Canon Law. St. Luke Catholic Church is a parish of the Catholic Diocese of Richmond. Monsignor Raphael Peprah is a pastor of that parish. Under the provisions of Code Section 57-17,Code of Virginia and the Code of Canon Law, Monsignor Raphael Peprah is the fiscal agent of the Bishop of Richmond in that parish. Kindly accept Monsignor Raphael Peprah's signature in lieu of my own on the Disclosure Statement Form for the Saint Luke Catholic Church Modification of Conditional Use Permit Application at 2304 Salem Road. I authorize him to sign this document. Sincerely in Christ, f �/! iv f^� Most Rederend Barry C. Knestout Bishop of Richmond Ca: Anne Edwards.. Sarah Rabin Pastoral Center • 7800 Carousel Lane, Richmond,Virginia 23294-4201• Phone:(804)359-5661 • Fax:(804)358-9159 St. Luke Catholic Church Agenda Item D3 Page 17 Item#D3 Saint Luke Catholic Church Modification of Conditions 2304 Salem Road District—Princess Anne June 13,2018 CONSENT Mr. Hodgson: Thank you Karen. The next item and the last one on the consent is D3. This is an application of St. Luke Catholic Church and an application for a modification of conditions like conditional use permit for a church approved by City Council in 1989 and modified in 1990, again in 2010 and then again in 2014 on property located at 2304 Salem Road in the Princess Anne District. Is there a representative here? Hello. Good afternoon, please state your name. Ms. Looby: Margaret Looby, attorney for St. Luke's. Mr. Hodgson: I assume you have seen the conditions and are they acceptable? Ms. Looby: Yes sir. Mr. Hodgson: T hank you very much. Ms. Luby: You're welcome. Mr. Hodgson: Any opposition on this matter being on the consent agenda? The chairman has asked commissioner Kwasny to please read this into the record. Ms. Kwasny: Thank you vice chair Hodgson. This is a request for modification of proffers on the conditional use permit. An 8.62 acre site is currently zoned R-15 residential and consists of a church, two mobile units and a single family dwelling. The original conditional use permit for St. Luke Catholic Church was approved by City Council in 1989, modified in 1990. In 2010, the church was granted an approval by City Council to locate temporary mobile units behind the sanctuary for a period of five years. In 2014,the council approved the modification that permitted the mobile units to remain on the site for an additional five years. We are nearing the end of that term. The church is now requesting to expand the existing church building from approximately 11,250 to 18,500 square feet. The expansion requires a modification to the conditional use permit and includes a tower and entrance nave on the west side of the building and a 6,812 square foot addition to the north side of the building. The northern addition includes space for administrative offices, restrooms, a kitchen, classrooms and gathering space. These proposed expansions eliminate the need for the mobile units which is a benefit to the area; therefore, the structures will be removed from the property. The plan also depicts an extension of the parking lot by an additional 35 additional spaces. The number of parking spaces proposed meets the requirements 1 of the zoning ordinance. In staffs opinion, the proposed building expansion of St. Luke Church will complement the architectural design and character of the existing buildings and will provide sufficient parking and the amenity to the area. Staff recommends approval, Planning Commission places it on the consent agenda. Mr. Hodgson: Thank you Ms. Kwasny. Ms. Oliver that was a last item on the consent agenda. I have a motion to approve agenda items number one, two, three, four, DI and D3. Ms. Oliver: Right, thank you. Do we have a second? Ms. Rucinski: Second. Ms. Oliver: Thank you, alright I have a motion made by vice chairman Hodgson and seconded by commissioner Rucinski. We are now ready to vote. Alright, vote is open. CONDITIONS 1. All conditions of the Conditional Use Permit granted by City Council on November 27, 1990 shall remain in effect. 2. The mobile units shall be removed from the site within 6 months of City Council approval. 3. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, IMPROVEMENT& LAYOUT PLAN," dated 10/20/2017, and prepared by Waller Todd & Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, EXTERIOR MATERIAL FINISH COLOR ELEVATIONS," dated 11/21/2017, and prepared by Waller Todd & Sadler Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 5. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "ST. LUKE'S CATHOLIC CHURCH ADDITION & RENOVATION, PLANTING PLAN," dated 10/20/2017, and prepared by Waller Todd & Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By the recorded vote of 10-0, items number one, two, three, four, D1 and D3 have been approved by consent. 3 -----------i----- ---- - ___--- . SO im. , 1 IX 11111111111114444, b. ..... 5: i''' ./ e•,.. li•••=,------ e _ - NINI, 41: v 1 ee 0. Tr\CSII 4 t.... * 1 U ft • ,!. el <lc i -----) .., , 411110b . x CNI•-. - re , 614' . 60 -1 ‘ e I. it • r / 4,/'__: / • co ft i , . ,.. 'LL- i0 / .. 1 t 404 / w • , . rc , ii....../ • 1 . 0 Nolo, .. .. .. .,,\ ‘...x 0 #_ # '...„.‘,.. ='• • ..71-1-,4 141 ) • , .., Lel ' ',,? '--.4, '• \. ,, W CLI1 . . 4 >41 ". ' 4) \ .-' - -'..iti N ' 6_ -- , - ../. .„,,,, ,„--, . •-, ,.., \ ., r .,q. * IX filo .-.4 . ,, / ' Yi dor -,!-• / __" j ,..; ,,-1 9, 73; Cf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN S. & KAREN S. WALLER [Applicant & Property Owner] Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) for the property located at 2313 Treesong Trail (GPIN 2414756758), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 10, 2018 • Background: A single-family dwelling exists on the subject 10.5-acre site, which is zoned AG-1 and AG-2 Agricultural Districts. The applicant proposes to rezone the entire property to Conditional R-10 Residential District in order to create a total of ten residential parcels. One large parcel that will contain the existing dwelling, will total 7.50 acres, and the remaining three acres will be divided into a total of nine new lots. • Considerations: Consistent with the properties along the west side of Treesong Trail that are zoned R-15 Residential District, all of the new lots along Treesong Trail will be at least 15,000 square feet in size with the exception of proposed Lot 1 , which will be very close in size with 14,552 square feet. The proposed Lot 2, which fronts on Painters Lane, will contain 11 ,520 square feet. The Planning Commission concurred with Staff that the proposed density is compatible and comparable with the intensity of nearby neighborhoods, and therefore consistent with the Comprehensive Plan. 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. Further details pertaining to the request, as well as Staff's evaluation, 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. John S. & Karen S. Waller Page 2 of 2 Since the Planning Commission hearing, the applicant has submitted an additional proffer that calls for the establishment of a Home Owners' Association for maintaining the stormwater facility. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - -nt/Agency: Planning Department1 .1‘2-1F----9 City Manage ' t Applicants & Property Owners John S. & Karen S. Waller Agenda Item Public Hearing June 13, 2018(PreviouslydeferredbyPlanningCommission, December 13, 2017 &May 9, 2018) r D1 City Council Election District Princess Anne City of Virginia Beach Request Conditional Rezoning(AG-1 & AG-2 / , f. Agricultural to Conditional R-10 Residential) 4,. i G.i.d,Rea! ! Staff Recommendation P.2 4- cp.` Approval YQ t�'' y,, es7),BDNL L^A,ve 9� .aViw _ ? V; Staff Planner 4. ''''''N'S ''�w< "(�.,. / p �, _ Jimmy McNamara L.--...t.,,,, i a pe. t �%Y y M, �� a y Location E)Oo ,,,- +•r�q"m <� yy *w,, 2313 Treesong Trail `"e^-„ , o�F `e''9,,,� ''"'�+, r '� G P I N 40,,w of `"'" } 2414756758 / a4r. ,,„„,.,..,„„,,tSite Size 10.5 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers • Existing Land Use and Zoning District 4, ?� ; ” ' Single-family dwelling, undeveloped & wooded P, . •1' /AG-1 & 2 Agricultural , t . . r• Surrounding Land Uses and Zoning Districts l , North .poi ` ,. .1 -f ; Wooded parcel /P-1 Preservation & R-15 3 } #-Esti t y Residential r te s South ' t Painters Lane • , _ } Single-family dwellings /R-15 Residential lit ' East - , .' Single-family dwelling, wooded /AG-2 Agricultural West Treesong Trail Single-family dwellings /R-15 Residential John S. & Karen S. Waller Agenda Item D1 Page 1 Background and Summary of Proposal • This request was previously deferred at the December 17, 2017 and the May 9, 2018 meetings of the Planning Commission to provide the applicant with additional time to prepare a preliminary stormwater analysis for review. • The subject 10.5-acre wooded site is currently zoned AG-1 &AG-2 Agricultural Districts and is developed with a single-family dwelling. • The applicant proposes to rezone the entire property to Conditional R-10 Residential District in order to create a II, total often parcels for single-family development. The existing single-family dwelling is proposed to remain on a seven and a half acre parcel. The remaining three acres will be divided into nine lots. • The existing lots that have been developed with single-family dwellings on the western side of Treesong Trail are zoned R-15 Residential District and have a lot area of at least 15,000 square feet. While this proposal is for R-10 lots, with the exception of proposed Lot 1 with 14,552 square feet of lot area, all lots along Treesong Trail will be at least 15,000 square feet in size. Proposed Lot 2, which fronts on Painters Lane, is proposed with 11,520 square feet. • As part of this request, the applicant is dedicating 10 feet of right-of-way along Treesong Trail to increase the existing right-of-way width to 50 feet. • The proffers stipulate that the new single-family dwellings will contain no less than 2,000 square feet of living space for single-story structures and no less than 2,300 square feet of living space for two-story dwellings. Each dwelling will be required to have a two-car garage. The proffered photos depict exterior building materials of brick, stone, or cement fiber board. Each of the photos depict a porch and multiple gable-end roof projections. R14 .5, • ti f -7, . �R-1 o R-7.5 • • P-1• i. R-7.5• ,,� Zoning History 65.70 d L y I• 4 ./" R-15 # Request ,/ 1 REZ(AG-1&2 to R-10)Approved 04/08/1997 R•7.5• • h. ! 2 CRZ(AG-2 to Conditional R-15)Approved 09/12/1995 R•15 r� "d/ 3 REZ(Conditional R-7.5 to P-1)Approved 07/11/2017 / R=7.5' ;5 CRZ(AG-1,B-1,&R-15 to Conditional R-7.5)Approved • 06/12/2012 AG 1. R-7.5'+ • R_7:5`°Nmol. R % Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance John S. & Karen S. Waller Agenda Item D1 Page 2 Evaluation and Recommendation Residential developments in the surrounding area have been constructed with densities between 2.25 to 3.50 units to the acre. This request for a total of 10 units on 10.50 acres equates to a density of less than one unit per acre (0.95 unit per acre). As the proposed density is less than that of the surrounding areas, it is Staff's opinion that the proposed density is compatible with the intensity of nearby neighborhoods, and therefore is consistent with the Comprehensive Plan. Additionally, as previously mentioned, eight of the nine lots proposed along Treesong Trail have a minimum area of at least 15,000 square feet, which is consistent with the existing lots along the west side of Treesong Trail. The proposed dwellings are consistent in size and scale with the existing dwellings of the surrounding area. The proffers also provide assurance that high quality building materials will be used on the exteriors of the dwellings. 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. It is Staff's opinion that the proposed development of the site is a reasonable request in regards to compatibility with the surrounding neighborhood in terms of density, architecture and layout. Therefore, Staff recommends approval of this request. 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 subdivided into no more than nine (9) new residential building lots, plus the Grantors' existing homesite, designated 10, 7.174 AC. substantially as depicted on the "PRELIMINARY SUBDIVISION OF PROPERTY OF JOHN S. WALLER JR. D.B. 2898 P. 990 VIRGINIA BEACH, VIRGINIA", dated July 21, 2017, and prepared by Gallup Surveyors & Engineering, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: When the Property is developed, each of the nine (9) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,000 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles and the primary exterior building materials on each home will be brick, stone, cement fiber ("hardie plank") or a combination of those materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Grantor's homesite (10) are regulated hereunder. John S. & Karen S. Waller Agenda Item D1 Page 3 Proffer 3: When the Property is developed, the nine (9) new residential dwellings shall have the quality exterior design and architectural features substantially as depicted on the Pictorial Exhibits entitled "WALLER PROPERTY" dated July 28, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 4: Further conditions may be required by the Grantee during subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff comments: The proposed proffers provide confidence that the site will be developed with a compatible layout and density compared to the surrounding areas, and the dwellings will be constructed with high quality materials and attractive in nature. 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. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. A portion of the site is impacted by the Floodplain Subject to Special Restrictions (FSSR). Most of this area is located in the rear of the site. No structures are proposed in this area. Other than the timber from the existing woods, there do not appear to be any other significant cultural or natural resources associated with the site. John S. & Karen S. Waller Agenda Item D1 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Treesong Trail No Data Available 6,200 ADT (LOS° "C") 9,900 ADT 1(LOS 4"D") Existing Land Use 2-10 ADT Painters Lane No Data Available 6,200 ADT (LOS 4"C") Proposed Land Use 3-100 ADT 9,900 ADT 1 (LOS 4 "D") 1AverageDaily Trips 2 as defined by one single- 3 as defined by ten single-family 4 LOS=Level of Service family dwelling dwellings Public Utility Impacts Water Each lot of the subdivision must connect to City water. There is an existing four and eight-inch City water main on Treesong Trail and an existing four-inch City water main on Painters Lane. Sewer Each lot of the subdivision must connect to City sanitary sewer. There is an existing eight and ten-inch City gravity sanitary sewer main on Treesong Trail and an existing eight-inch City gravity sanitary sewer main on Painters Lane. There is an existing 30-foot utility easement (Deed Book 3781, Page 1472) along Treesong Trail that contains a 54-inch HRSD sanitary sewer force main that is one of two mains that feed into the Atlantic Wastewater Treatment Plant. Per the recorded easement, landscaping within the easement will be limited to ornamental trees and flower beds. No trees greater than a 12-inch caliper and 20-feet in height at maturity are permitted within the easement. All improvements within the easement are required to adhere to the restrictions set forth in the deed of easement. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Red Mill Elementary 662 734 2 2 Princess Anne Middle 1,460 1,449 1 1 Ocean Lakes High 2,102 2,705 2 2 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). John S. & Karen S. Waller Agenda Item D1 Page 5 Proposed Site Layout ---c-8:7-N, I>: i • - ---=--' t \ ; • tidi - , \ 1,;' I .4.1:j. ... \ • r 1 ' 1' .., • g0 cu .., / 1. : 0 -:=- ed f • z.. 1 gq 0 E .-1 o '.;;;;;" ) ..., I •,,, I tixi* 1 OK.EF-* 0 ., 40 ., LitiThs..:1--, • T I,' , ...7. V- 2 F. •• g-g 44 :;w pi /.._ _.:,. _..,, . ( I! 15..., • ••',. a -• fill-1 1 r.(---- ti t -,--„ . t.. :!.' 1 ,fi I i_ ....:.\,.. -c. .. . It; Pti -It -z 1 grx ^ E..11. — .,.:, . _ . . --.2'-4—• I j: 1 i ''''.'u :, F § ••• 14 : -ii 1 :, 0 '_.--- - r r k! 4 '7•1 _ - ,-'-- -.: • -_ -do :-.v .-:., 07- ;*.i 7.- a - _ _ ---- IA .15 " r " ' ,...L..-4, i, L,--i- •_:_.__., i ''' •it ___•It ,to" ,' ,.. e.".. ity ;i0 Ll'I t; . I pi. 1 '- ''. ' i ;V ...I - _..--. b• —- —o-: f- ni ,- .. . _. .._. i • ." . -&..., — 19 ' . *•i' 1 Eltii .,,:•• HRSD 30-foot Easement iii coozz.,,- John S. & Karen S. Waller Agenda Item DI. Page 6 Proposed Dwellings ® 'i- , n 0 1 II Li I:1 . 1 ,, . ..1 . Er] ., ..........„ .,,,,, , ...._ E; r N_ _ �i MN len.Mill/ ' . OYj gait;Baulfl 4-1 ,' — _ y . le IB,.01, II m , 1 ya.. rte....,,a..F.= e .,a.l...WM., Jule 4e, 2 A , NN,... _________, __ , .,-...sor7..._ 9 m _ . _ r---,', , r----- —vie m. . r __ill / in iii--. 1 i I 111114-111t-27 Ilk--1-./-------- John S. & Karen S. Waller Agenda Item D1 Page 7 Site Photos — 4• { • • r • Icy+ John S. & Karen S. Waller Agenda Item D1 Page 8 Disclosure Statement 1B 1 tt}itna}i:a,ti APPLICANT'S NAME John S.&Karen S.Waller 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 A eats _ Certificate ofFloodplain Variance Appropriateness Street Closure (Historic Review Board) ! Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property 1 iSubdivision Variance Board Conditional Use Permit License Agreement letlands 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. ♦-- a SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit.Council meetin that.:ertains to the a !cationis) O APPLICANT NOTIFIED OF HEARING DATE I le NO CHANGES AS OF DATE ! (p/2 G/ i g Jimmy McNamara O REVISIONS SUBMITTED DAT; John S. & Karen S. Waller Agenda Item D1 Page 9 Disclosure Statement \fi3 Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:John S. &Karen S.Waller 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 ifproperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 John S. & Karen S. Waller Agenda Item D1 Page 10 Disclosure Statement \13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parentsubsidiary 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 Slate 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_operatiny 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 SEPERATEt Y Page 3 of 7 John S. & Karen S. Waller Agenda Item D1 Page 11 Disclosure Statement NB , APPLICANT Virginia Beach YES NO SERVICE 1 I PROVIDER(use additional shwas If n ® i Accounting and/or preparer of your tax return J EArchitect/Landscape Architect/ ' Land Planner U Contract Purchaser(if other than ��4 the Anoikant)-Identify purchaser and purchaser's service providers , Any other pending or proposed E ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZX 0 r Construction Contractors WallerConstruction Company Inc. • Engineers/Surveyors/Agents Gallup Surveyor&Engineers,Ltd. Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the _subject property J SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ri 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 4 of 7 John S. & Karen S. Waller Agenda Item D1 Page 12 Disclosure Statement v\B Virginia Beach TCERTI FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 11 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 • John S.Waller • / /7 APPLICANTS NA?URE PRINT NAME .;( Karen S.wailer .]f/1s7111 Page 5 of 7 John S. & Karen S. Waller Agenda Item D1 Page 13 Item D1 John and Karen Waller Conditional Rezoning 2313 Treesong Trail District—Princess Anne June 13,2018 CONSENT PROFFERS Mr. Hodgson: Thank you David. Next matter is agenda item number D1, this is an application of John and Karen Waller, an application for conditional rezoning from AG-1 and AG-2 agricultural to conditional R-10 Residential on property located at 2313 Treesong Trail East and North sides of Treesong Trail in the Princess Anne District. Good afternoon. Mr. Bourdon: Thank you Commissioner Hodgson, Chairperson Oliver for the record Eddie Bourdon, Virginia Beach Attorney representing the applicant and Mr. Waller is here with us this afternoon. We appreciate being on the Consent Agenda. I would mention that we are going to add a proffer between now in City Council requiring mandatory membership in a HOA that will be responsible for maintaining the stormwater management BMP that will be based on the easement on lot 10, appreciate Mr. McNamara's efforts with this and happy to answer any questions. Mr. Hodgson: Thank you Mr. Bourdon. Mr. Bourdon: Thank you. Mr. Hodgson: Any opposition on this matter being on the Consent Agenda? The chairman has asked Dr. Karen Kwasny to please read this for record. Ms. Kwasny: Thank you vice chair Hodgson. This is a request for Conditional Rezoning in the Princess Anne District from AG-1 and AG-2 to Conditional R-10 residential in order to create a total of 10 parcels for single-family development. The existing single-family development is proposed to remain on the 7.5 acre of parcel, the remaining three acres will be divided into nine lots resulting in the density lower than what is provided in surrounding subdivision areas. The western side of Treesong Trail has existing lots that have been developed for single family homes of R-15 residential with at least 15,000 square feet on each lot. This proposal is for R-10 with the exception of lot one, all lots along Treesong Trail will be at least 15,000 square feet in size, proposed lot 2 which fronts on Painters Lane will have 11,520 square feet. Part of this request is that the applicant is dedicating 10 feet of right-of-way along Treesong Trail which will increase the existing right-of-way with to 50 feet. Some interesting notes in relation to this one is that residential development, the Staff finds this and keeping with the Comprehensive Plan for the Suburban Area as well the applicant has submitted a preliminary drainage study to Development Services. Development Services has indicated that it has potential to successfully comply with the stormwater requirements for the site. Staff's opinion is that they regard this as compatible with 1 the surrounding neighborhoods, they recommend approval; Planning Commission places it on the Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By the recorded vote of 10-0, items number one, two, three, four, D1 and D3 have been approved by consent. 2 Gl1.11BEAC tNok 4 CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE 4'y. , OF OUR NPS\0 In Reply Refer To Our File No. DF-9971 DATE: June 29, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; John S. and Karen S. Waller The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 10, 2018. I have reviewed the subject proffer agreement, dated July 28, 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 JOHN S. WALLER and KAREN S. WALLER, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of July, 2017, by and between JOHN S. WALLER and KAREN S. WALLER, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 10.501 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have 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 AG-1 and AG-2 Agricultural Districts to Conditional R-io 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 Grantors acknowledge 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 GPIN: 2414-75-6758-0000 Prepared By&Return To: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantors have 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, in addition to the regulations provided for the R-io Zoning District 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 Grantors, for themselves, their successors, personal representatives, assigns, grantee, 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 Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into no more than nine (9) new residential building lots, plus the Grantors' existing homesite, designated io, 7.174 AC. substantially as depicted on the "PRELIMINARY SUBDIVISION OF PROPERTY OF JOHN S.WALLER JR. D.B. 2898 P.990 VIRGINIA BEACH,VIRGINIA",dated July 21,2017, and prepared by Gallup Surveyors & Engineering, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, each of the nine (9) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles and the primary exterior building materials on each home will be brick, stone, cement fiber ("hardie plank") or a combination of those materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Grantor's homesite (1o) are regulated hereunder. 2 3. When the Property is developed, the nine (9) new residential dwellings shall have the quality exterior design and architectural features substantially as depicted on the Pictorial Exhibits entitled "WALLER PROPERTY" dated July 28, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. When the Property is developed, the Grantor shall record a Declaration submitting Lots 1 through 9 to a mandatory membership Homeowners Association which shall be responsible for maintaining the stormwater management facilities, within the easements for same, located upon Lot 10. 5. Further conditions may be required by the Grantee during subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions 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, 3 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal:. Gra or: �/ (SEAL) John S. Waller COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31 s tlay of July, 2017, by John S. Waller, Grantor. )44k 7)70 otary Public My Commission Expires: August 31, 2018 •tP R. 11Notary Registration Number: 192628 ,a ' . MO,' ?Noel 44 • 401tRat. 4 5 WITNESS the following signature and seal: Grantor: k2teetij • (SEAL) Karen S. Waller COMMONWEALTH OF VIRGINIA CITY/COUNTY OF V r/ay I"T ccJ-' , to-wit: The foregoing instrument was acknowledged before me this a-61 day of July, 2017, by Karen S.Waller, Grantor. N.taryPc My Commission Expires: 5-9,0C--12,-/-3C)/ CI Notary Registration Number: -7 13 c(6l 0, ARIANA MARGUERITE BONIFACE NOTARY PUBLIC REG.# . Vit:MM Co • - • VIRGINIA MY COMMI •„ •IBES:SEPTEMBER 30,2021 C ! OF VIRGINIA BEACH,to-wit: The foregoing ' . . ument was acknowled:-• .- ore me this �--`� day of July, 2017, by Karen S.Waller, Grantor. . .. ... .. • . •• - . I kth_, V _o Notary Registration Number: co �— ARIANA MARGUERITE BONIFACE NOTARY PUBLIC REG.#7734616 COMMONWEALTH OF VIRGINIA MY COMMISION EXPIRES:SEPTEMBER 30,2021 6 EXHIBIT "A" LEGAL DESCRIPTION All that certain piece or parcel of land in the Princess Anne District of the City of Virginia Beach, Virginia, being known and designated as Parcel "2-A-2-A" as depicted on that plat entitled, "RESUBDIVISION OF LOTS 2-A-2 AND 1-A RESUBDIVISION OF PROPERTY OF W A. M ASSOCIATES LOT 2A AND LOT 3A(M.B. 201,P 5 - 6) 0.042 Acre Parcel, RED MILL FARM SECTION TWENTY-ONE, PHASE TWO (M.B. 229, P 76 - 8o)AND LOT 1 RED MILL FOREST(M.B.257 P ii- 13)VIRGINIA BEACH,VIRGINIA",dated August 8, 2000,prepared by Baldwin and Gregg and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 290, at Pages 9 - 10. GPIN: 2414-75-6758-000o H:\AM\Conditional Rezoning\Waller\Proffer Agreement.docx 7 , .-•-r----1-\ --, I . , , , -- 11 , , , -,, Ilk ..,_ • 4 • I, , • . ---- - 4 , ,\----k\ --11:0- , -- , I Ct ._....- N. , .12---7 \ I I, , 1 o i.,;.....1,\ .t.___ — , . ) El ,r- • CCS 7 \INlikiii—\NINO -,- • \----- I \ N I , .. 1,_.. 'v` III 11N1 lik-111 illh'S a I •.' .. C.— WO . 51 _ --- ane C4 i CS I -• 3 i S ( „ . A N. , 111 1 I , \ </PPP . , , - cNi 0 1 s-- CO -1111111%1Iro I '.-, N --1.__----\__---), I RIB _ ____----- ‘ IOW _......wio0111ag,10"'s \\\ , Is ‘ \ , 1 I I grill 1 lig. illifpri 4/ 1 ytVYiv~ CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: J AND B DESIGN, INC. [Applicant] Village Shoppes Associates, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) on the property located at 3157 Virginia Beach Boulevard (GPIN 1497057220), COUNCIL DISTRICT — BEACH. MEETING DATE: July 10, 2018 • Background: The subject 1 .24 acres site along Virginia Beach Boulevard is zoned B-2 Community Business District and is located in the Francis Land House Historic & Cultural Overlay District. The applicant is requesting a Conditional Use Permit for a Tattoo Parlor with work space for up to nine artists. Also planned within the 3,000 square foot unit is an art gallery. As the property is located within the Historic and Cultural District, any changes to the exterior of the building or to the signage require the issuance of a Certificate of Appropriateness by the Historical Review Board. The Board reviewed the request for an internally-illuminated channel-letter sign and granted the Certificate of Appropriateness at the May 2018 meeting. No changes to the exterior of the building are proposed, other than the new sign over the entry. • Considerations: No changes to the exterior of the building are proposed, other than the new sign over the entry. The applicant has obtained the required Certificate of Appropriateness for the proposed sign, and there do not appear to be any negative impacts to the surrounding land uses as a result of this request. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. J and B Design, Inc. Page 2 of 2 3. When installed, the wall sign shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package on page 6 of this report and prepared by IDF PENSIGN. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen gency: Planning Departmen City Manager: y� Applicant 1 and B Design, Inc. Agenda Item Property Owner Village Shoppes Associates, LLC Public Hearing lune 13, 2018 eityoJ City Council Election District Beach Virginia Beach Request k � Conditional Use Permit(Tattoo Parlor) / , r SOF ri 4e...4h.* i F 1 1 i € t 4,. Staff Recommendation i d € i ' 1 \v,'' a Approval 1 $V l 6} Staff Planner i "°,m CS ade DN. :n7=.,eDht Jonathan Sanders `z Wan.,Mat. \ Location gyp. L''''''L'''''' \' 3157 Virginia Beach Boulevard t I .tea — of gIVI ,.+ rde It W.w..se.« 4, w 94 \ C.1- 4 e...sen. G �09'�4 1 �,*?� G P I Nyh 1497057220 00*.time, .ntV"'P 4, °4.9' ' 4+,. Site Size 1.24 acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District 4 10 Shopping Center/B-2 Community Business .1 '141 a,=• (Historic &Cultural Overlay) '- Ilk s ~.,, ' s.,.3,`.4. MR, ',";sill , Surrounding Land Uses and Zoning Districts rr�� '� $ _,,,,L_ , North vend ._, Virginia Beach Boulevard Motor vehicle sales /B-2 Community Business + South ' * Apartments /A-12 Apartment (Historic & # ; '.•+.*3 i4 *w , . ' •. ,"., Cultural Overlay) `` .. r ?"4' a, • .ss` East tea. N� Offices/B-2 Community Business (Historic & Cultural Overlay) � �, West ; §,_ t Church /B-2 Community Business "` 0 i J and B Design, Inc. Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center along Virginia Beach Boulevard. • According to the application, the 3,000 square foot Tattoo Studio will include nine workstations and a gallery that will showcase local, national and international artists. • The typical hours of operation are proposed as 11:00 a.m. to 9:00 p.m., seven days a week. • The proposed white channel-letter sign is 16 inches tall by 19 feet long and is internally-illuminated. • The site is located within the Francis Land House Historic and Cultural Overlay District. Any proposed changes to existing signage or to the exterior of an existing building within the District requires review and issuance of a Certificate of Appropriateness by the Historical Review Board. The Board reviewed this request and granted the Certificate of Appropriateness at the May 2018 meeting. 0-2 Zoning History 3-2 # Request 1 , 1 CUP(Motor Vehicle Sales)Approved 09/12/2006 &eo'e"ad 2 CUP(Motor Vehicle Sales and Service)Approved 02/27/2001 CUP(Motor Vehicle Sales and Service)Approved -3 10/14/1997 3 CUP (Motor Vehicle Rentals)Approved 09/14/2004 4 CUP(Bulk Storage-Vehicles)Approved 09/10/2004 B-2 /� 5 CUP(Motor Vehicle Sales and Service)Approved (,F 12/09/2003 A-12 13-2 6 CUP(Tattoo Parlor)Approved 12/05/2017 A}1S • 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 use is compatible with the existing business uses along this stretch of Virginia Beach Boulevard. While the site is located within the Francis Land House Historic and Cultural District, Staff is of the opinion that the request for a Tattoo Parlor is acceptable, as the exterior of the building will not change and the sign identifying the use is understated. It is Staff's opinion, as well as that of the Historical Review Board, that the proposed sign is consistent with the Historic and Cultural District Sign Guidelines and will not be out of character with the Francis Land House Historic and Cultural District. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. J and B Design, lrc. Agenda Item 1 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. When installed, the wall sign shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package on page 6 of this report and prepared by IDF PENSIGN. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls fora series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site. The property is within the Francis Land Historic and Cultural Zoning Overlay District. All projects proposed within the Historic and Cultural District must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and signage should be designed in a way that is consistent with the historic character of this district. Proposed signs should meet the standards recommended in the Historic and Cultural District Sign Guidelines. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 39,419 ADT 1 34,940 ADT 1(LOS 4 "C") Existing Land Use 2- 106 ADT 56,240 ADT 1 (LOS 4"D") Proposed Land Use 3-108 ADT 1Avera geDaily Trips 2as defined by 3,000 square 3 as defined by a 3,000 square-foot 4 LOS=Level of Service feet zoned B-2 Community tattoo parlor Business J and B Design, Inc. Agenda Item 1 Page 3 Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. 1 and B Design, Inc. Agenda Item 1 Page 4 Existing Site Layout P"` .•-- :--'_-' BEACH Bo_ 1,, VIRGINIA - . ` . , f 14'1' ' I,: . i. . 0 ,�� r ., F Ill . r s I4O1 • 1. :Ai 3.1154. AMIL' -'Isl.: =a . S 14 -4 - t -T. /'t. Y .. a '� 4,. - I 0 )11 . \41 K 'atxii t` i y 1 A :. ^0 * iir... 0 .,iit 4 g 1401A : . ., ... .., . ..., 0.4,1r. 4, f' ,,..04,. ..:, ' ,. 3.A .,_;1, ` r -. k f - irk r ."♦ ,- - .. ,.& ,_ _ Yalit t. J and B Design, Inc. Agenda Item 1 Page 5 Proposed Sign OPTION • - Frcant View End View A - ND 01 16" foil x 223" long '"'" wer-3'deep c4,onnei or cioes on on ok.rmn-m-ccesvoY Lel-rens wi I be rre,ro volts L-Errs Color or[eller feces cnc return*WV to be whew Color o'race,Gy w II be some color to moron exartng b ng • 0 1 4-0....44‘1.• ;.••' ^1041141- •• • ' • t .• • : 1.••••• •••••1 • ,WEN A NCE TATTOO - Ak. • • s.-.77...r..05. ok,141 J and B Design, Inc. Agenda Item 1 Page 6 Site Photos { fi i' .S_ .fid' `1j[ e lit .-A ..4(ka!-- . 011P , _...- } 4 ii -a • .s, AL �. ll'P � ..��.." i._ cant . • 4J14! J$I1LJi_11 0 ,2 i � '.." . . riiiiiiiiiiiiiiiitt _ loilitx , , . . . . . .. .. ._ . ... ... . 1.. - , 1 \IRkiillit,.--; .-- -- "., K 4. v % - -- —r- + __.� 1.-7,,, . a Ey - C-__ ,__ lirrita , , - _ ....„...„,,,i. - _,,IiillAA ", i1 :5 J and B Design, Inc. Agenda Item 1 Page 7 Disclosure Statement 3 APPLICANT'S NAME) and B Design, 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 discic: be 4pdarz Page 1 of 7 Panning C.ommr<_510n and City C•;.. - . O APPLICANT , . a NOCHANCI' -. - 6/zS/Ig JS Jonathan Sanders REVISIONS SUBMITTED J and B Design, Inc. Agenda Item 1 Page 8 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I•� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:J and B Design, 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) Jason Adkins, Brett Spickard (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from 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:Village Shoppes Associates, LLC If an LLC. list the member's names:Gerald Cox, H.H. Shiflet, William Cox, Frank Gigliotto Page 2 of 7 J and B Design, Inc. Agenda Item 1 Page 9 Disclosure Statement N/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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation... See State and Local Government Conflict of Interests Act.Va Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 Conflkt of Interests Act. Va.Codes 2.23101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 J and B Design, Inc. Agenda Item 1 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of your tax return C n Architect/ Landscape Architect/ h\' Land Planner Contract Purchaser(if other than I5` the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ( I Xi purchaser of the subject property (—J (identify purchaser(s)and purchaser's service providers) nConstruction Contractors American Repair Service nEngineers/Surveyors/Agents IDF/Pen Sign Financing (include current n I/�� mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / (� Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 1 and B Design, Inc. Agenda Item 1 Page 11 Disclosure Statement Iiiii 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. `_ d,QE7'50,�CIJq�,D ,)-3o-is APPLICANT'S USE PRINT NAME DATE .2 ^ ��L —. _1 sift .4 o1i 4.% 5 . "7 0 fps • Page S of 7 1 and B Design, Inc. Agenda Item 1 Page 12 Disclosure Statement V3 OWNER Virginia Beach YES L NOJ I SERVICE 1 f PROVIDER(use additional sheets if [ needed) ❑ '4 Accounting and/or preparer of your tax return El h( Architect/ Landscape Architect/ i� Land Planner ` Contract Purchaser(if other than E -0 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® Engineers/Surveyors/Agents Financing (include current n v mortgage holders and lenders /� , selected or being considered to Iprovide financing for acquisition or construction of the property) //7 Legal Services Real Estate Brokers / n r7 Agents/Realtors for current and I anticipated future sales of the subject property —4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have H N/ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 J and B Design, Inc. Agenda Item 1 Page 13 Disclosure Statement Virginia Beach. CERTIFICATION: `I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA m t ng, or ti•• of any ublic body or committee in connection with this A.• atio — — t I a .146 *"'?•N��!s 74, at P AME =�"�sy--- E IIS Page 7 of 7 J and B Design, Inc. Agenda Item 1 Page 14 Item#1 J and B Design, Inc. Conditional Use Permit 3157 Virginia Beach Boulevard District-Beach June 13, 2018 CONSENT Mr. Hodgson: Thank you Ms. Oliver. This afternoon, we have six items on the consent agenda. The first matter is agenda item number one and this is an application of J and B Design Inc, an application for conditional use permit in a Tattoo Parlor on property located 3157 Virginia Beach Boulevard in the Beach District. Is there representative here for this application? Would you please come forward and state your name for the record? Mr. Spickard: I am Brett Spickard. Mr. Hodgson: Have you seen the conditions and are they acceptable? Mr. Spickard: Yes. Mr. Hodgson: Thank you, you may be seated, is there any opposition to this matter being placed on the consent agenda? Hearing none, the chairman has asked commission Ron Ripley to please read this into record. Mr. Ripley: Thank you Jeff. This is a conditional use permit for a tattoo parlor, it's on as you said property of 3157 Virginia Beach Boulevard, and it's actually located in the Francis Land House Historic and Cultural Overlay District. It's part of a small shopping center and it's a 3000 square foot unit in the shopping center. The staff reviewed it. They put some conditions regarding sign, lettering etcetera and the usual for this type of conditional use permit. They recommended approval. We are not aware of anybody that's opposing it and the planning commission felt that they ought to go on the consent agenda. So that's why it's there. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. When installed, the wall sign shall be substantially conforming in size and appearance to the elevation drawings included in the submitted sign package on page 6 of this report and prepared by IDF PENSIGN. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By the recorded vote of 10-0, items number one, two, three, four, Dl and D3 have been approved by consent. 2 40 NI/ \ ... /1/440 . ' * „ Ce 40:. CNI I 0 al ..:%,.. --,..„. --> 0.. ,a)....4:4,. • .--v. i_.--cr . ---_ - - • .. I 4fg•P'. ''NN,T-mx ; \4-- **------- \ . • 0 ., ...„ , \ . N.,,a: o, liwitative/ kiiiat/ .....-- ._,- 1114%-i 1 , _..._ - --- IN 444111Ar.- g ---"---------------- '' ir it ,,,,tt -0-N= .,,_,___ , • c'''' C ..,-. *- \ ; --04V -r ... \ , _ N ........ __ ,., 1,%,.....A I , \'• Ca.%$,' ' , . . „--- -, re • , ,,., ,.. ' . . , • , = ,1- -,.. . / i; i .•-. f\v,› c--\----- ... - -, ......J___ \\' `f\ ir-----7, I I • .•'. • .': -----.,„ .:/- :,:: " . ..... 0 ,.. .. r '''•:... .,../} CO , . , . i . '. •-".. • V1 1\. /) 57 ''' , /• --> -\bob C\17 o • .4:-,-,..., .. . . k 1-"N2 . .....' ...„, r 1 .. . II j i ii, C''- t•-- '--1 ''''' / / z [ ec73:7-i4)- ;„ CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: THE LASH CEO, LLC [Applicant] SIFEN DEVELOPMENT COMPANY, INC. [Property Owner] Conditional Use Permit (Tattoo Parlor) at the property located at 1060 Lynnhaven Parkway (GPIN 1496113563), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: July 10, 2018 • Background: The applicant currently operates a beauty salon located within an existing shopping center along Lynnhaven Parkway and proposes to offer permanent makeup services, known as microblading, to her clients. A Conditional Use Permit for a Tattoo Parlor is required for this use. • Considerations: No changes to the exterior of the building are proposed, other than the new sign over the entry. No negative impacts to the surrounding land uses are anticipated as a result of this request. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. The Lash CEO, LLC Page 2 of 2 4. The proposed wall-mounted sign shall have a white background with black letters and a gold logo as depicted on page 6 of this report. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 621F-------- Submitting D- •artm= ° ,ency: Planning Department City Manager: Applicant The Lash CEO, LLC Agenda Item Property Owner Sifen Development Company, Inc. Public Hearing June 13, 2018 City Council Election District Rose Hall 2 Virginia Beach Request (s O„-/ ti �.i a a`aa° ` avz2 APzt Conditional Use Permit (Tattoo Parlor) a `°° ,� -,6,,,,e .p�O .p¢ oP �c° °e d' O d� B `'ra Ci V cr3 }" ae p, 4� Staff Recommendation a°� 'w+� "° ° ae 3� ire o n °e'' o� Dante PIMA 1 Approval 5� ,,,,,r—"---'a14:., o v a" -56% 5 pow of 44, 1 3 m Staff Planner ��> t�F�` `mowdB DNL g Ao ° . s Magic Ibllow Boulevard Robert Davis Cy�,o 7D-75 dB Y i°rbc APZZ APZ2 I^ Delaware Crossitg ^dOrwe 65-7G d6 DNL °'rt oS A N � Location Pu°e0. J O� 1060 Lynnhaven Parkway �`` �'��^ ` ��i GPIN °°Q_; `� oM vwe cd'°`0,41 6 ��,. '^ 1496113563R�e� v+ ,°we° r %, APZ1 C''.•10., Site Size ^ 2.3 acres AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay itz. 7 s . ^ 7 e N , ,'� ,dyr_ ""t Aj' r` w§ e Existing Land Use and Zoning District ht .r, 4*, t - Retail/ B-2 Community Business i gr. , ` - " , 3I► 4 < / r\ Surrounding Land Uses and Zoning Districts tv North . Multifamily dwellings, private club/A-36 e , , -- �,� ,r/ ° Apartment, 0-2 Office 3. f f 4•( \ ` , South , {;' N. ,,,: r. London Bridge Creek, townhouse dwellings/ B-2 �=. `°, Community Business, A-12 Apartment 4, , £°';,° East fi Retail/ PD-H1 Planned Unit Development ,ii: =,,,, S West • � � A .$ " P London Bridge Creek, multifamily dwellings/A-12 / a ,, r s. V " Apartment The Lash CEO, L C Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant currently operates a beauty salon in a unit within an existing shopping center along Lynnhaven Parkway. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to clients. • According to the application, typical hours of operation are from 9:30 a.m. to 7:30 p.m., Monday through Saturday. • Similar to other signs in the shopping center, a box sign is proposed above the main entrance that will have a white background with black letters and a gold logo. ° ,\R-7 5. 0 2 , °�' 4 te. Zoning History # Request \,:y )11:12) • B.2 . 1 CUP(Church)Approved 11/23/2004 �. 2 CZR(R7.5 Residential to 0-2 Office)Approved A-36 j PD 1 02/25/1992 �'�-6 �� 3 STC Approved 1/22/1991 q'p B J� y\N, CUP(Auto Sales)Approved 8/21/1990 ac a 4 i `,\ 4 REZ(PD-H Planned Development to PD H1 Planned Development)Approved 01/01/1982 /= . PD-H1 i`+4, / ` PD1 B2,: A=12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for the Conditional Use Permit is, in Staff's opinion, acceptable given that the land use will be compatible with the existing businesses along this section of Lynnhaven Parkway. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. The Lash CEO, LLC Agenda Item 2 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading,the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The proposed wall-mounted sign shall have a white background with black letters and a gold logo as depicted o page 6 of this report.Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime preventio 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 are no significant natural or cultural resources associated with this predominately impervious site, as it is developed with a shopping center. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 35,806 ADT 1 26,300 ADT 1(LOS°"C") Existing Land Use 2-106 ADT 42,100 ADT 1(LOS°"D") Proposed Land Use 3-108 ADT lAverage Daily Trips 2as defined by 1,600 3as defined by 1,600 square-foot 4 LOS=Level of Service square-foot retail center retail center The Lash CEO, L Agenda Item Page Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. The Lash CEO, LL Agenda Item ► Page Site Layout 4.00 r11. The Lash CEO, LLC Agenda Item 2 Page 5 Proposed Signage 4' THE LASH Ch „„„ a at studio The Lash CEO, LLC Agenda Item 2 Page 6 Site Photos illikkkik‘ 1Cyan 6 KARA T ace Y , 1 ® !s - L. o CROp�11� ,0v -- , FCR 1 Eh_)L- FOR L` ; — _-N,— i 0...., t a a The Lash CEO, LLC Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME The Lash CEO, 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 application' o APPLICANT NOTIFIED OF HEARING )ATE / 13 NO CHANGES AS OF ATE 6/3 7/42;0 P Robert A. Davis ▪ REVISIONS SUBMITTED ((( The Lash CEO, LLC Agenda Item 12 Page 18 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:The Lash CEO, LLC If an LLC, list all member's names: Rickina E. Velte 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. El 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:Sifen Devel pment Company,Inc If an LLC, list the member's names: Page 2 of 7 The Lash CEO, LL Agenda Item Page Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-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 The Lash CEO, LL1 Agenda Item ' Page 111 Disclosure Statement APPLICANT Virginia Beach YES NO I r SERVICE PROVIDER fuse addd)itional sheets If neede _j I I Accounting and/or preparer of Liberty Tax Service,General Booth 1 your tax return location r 1 X Architect/Landscape Architect/ • Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed l�/ purchaser of the subject property V� (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors _ a Engineers/Surveyors/Agents - Financing(include current mortgage holders and lenders lJ�� selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / XI/v 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 z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 The Lash CEO, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this • A•PUCANTS SIGNATURE PRINT NAME DATE Page 5 of 7 The Lash CEO, LLC Agenda Item 2 Page 12 Disclosure Statement OWNER la Beach i ( YES NO I SERVICE I PROVIDER(use additional sheets ifV J ❑ Accounting and/or preparer of ___________________________ your tax return ® Architect/Landscape Architect/ Land Planner --- ❑ ® Contract Purchaser(if other than }he 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 Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Edward Bourdon ESC) • Real Estate Brokers/ ❑ t�i D 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 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 6 of 7 The Lash CEO, LLC Agenda Item Page 1 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. l .„��. ,) Si1 3115 }14 PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 7 of 7 The Lash CEO, LLC Agenda Item 2 Page 14 Item#2 The Lash CEO, LLC Conditional Use Permit 1060 Lynnhaven Parkway District—Rose Hall June 13,2018 CONSENT CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The proposed wall-mounted sign shall have a white background with black letters and a gold logo as depicted on page 6 of this report. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Mr. Hodgson: Thank you Mr. Ripley. The next item is number two and this is an application of The Lash CEO LLC an application for Conditional Use Permit for a Tattoo Parlor on property located at 1060 Lynnhaven Parkway. This is in the Rose Hall District. Is there a representative here for this application? Would you please come forward? Good afternoon, if you would come to the microphone, and state your name for the record please. Ms. Velte: Rickina Velte. Mr. Hodgson: Have you seen the conditions and are they acceptable? Ms. Velte: Yes. Mr. Hodgson: T hank you, you may be seated. Is there any opposition on this matter being placed on the consent agenda? Hearing none, the chairman has asked Mr. Wall to please read this. Mr. Wall: Thank you, this is a conditional use permit for a tattoo parlor. The applicant currently operates a beauty salon in the unit within the existing shopping center along Lynnhaven Parkway. A Conditional Use Permit for Tattoo Parlor is requested in order to offer permanent cosmetic makeup services known as microblading to clients. The typical hours of operation are from 9:30 a.m. to 7:30 p.m. Monday through Saturday. The signage is similar to other signs in the 1 shopping center. A box sign is proposed above the main entrance. They will have a white background with black letters and a gold logo. The conditions are acceptable to the applicant. There is no known opposition and staff recommends approval. Therefore, we placed this item on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By the recorded vote of 10-0, items number one, two, three, four, D1 and D3 have been approved by consent. 2 P r1 V a IA NI S'IA' IQ [QCI = =-_ i _) _ ___ ___=J�-__ - IIIIkk 1 .‘, C\ .,� N \--\• 1 • ,1 Q • 5 -4,_44 \ V 1 r o 0 \ d:.: , a J 0 [ ,-,---,-- mo '! w ! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NINA & WILLIAM GILBERT [Applicant & Property Owner] Conditional Use Permit (Residential Kennel) on the property located at 5716 Blackwater Road (GPIN 1398176071), COUNCIL DISTRICT — Princess Anne. MEETING DATE: July 10, 2018 • Background: The subject 3.23 acre site is zoned AG-2 Agricultural District and is located in the rural Blackwater section of Virginia Beach. The applicant currently owns 10 hunting dogs and one companion dog, and was unaware of the need for the Conditional Use Permit for a Residential Kennel until recently. The applicant proposes to have up to 15 adult dogs on the property at any one time, 12 hunting dogs and three companion dogs. Presently, the property is developed with a single-family dwelling and several accessory structures. There are three kennels located on the rear of the property. Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air-conditioned and soundproofed. As the existing kennels are located within 50 feet the adjacent property lines, the applicant is requesting a deviation to this requirement. • Considerations: In the southernmost portion of the City, it is common for a hunter to keep dogs in kennels on their property. While the kennels are located within 100 feet of the adjacent property lines, they are several hundred feet from the neighboring residential structure. No complaints have been registered with either the Zoning Office or with Animal Control, and the surrounding property owners have submitted letters of support. Further details pertaining to the request, as well as Staff's evaluation, 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. Nina & William Gilbert Page 2 of 2 1 . No more than 15 adult dogs shall be permitted to live on the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. _ menAge.ncy: Planning Department City Manager: Applicant & Property Owner Nina & William Gilbert Agenda Item Public Hearing June 13, 2018 City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval °" Staff Planner Robert Davis t Location 5716 Blackwater Road GPIN 1398176071 Site Size 3.23 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, cultivated fields/AG-2 1r Agricultural x Z Surrounding Land Uses and Zoning Districts North Single-family dwelling, cultivated fields/AG-2 Agricultural South Single-family dwelling, cultivated fields/AG-2 s% Agricultural East 11 Cultivated fields/AG-1 Agricultural * West .' Blackwater Road Cultivated fields/AG-2 Agricultural Nina & William Gilbert Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant currently owns 10 hunting dogs and one companion dog. Due to the number of dogs on the property, the applicant recently became aware of the need for a Conditional Use Permit for a Residential Kennel. • The applicant proposes to typically have up to 15 adult dogs on the site; 12 for hunting and three as companion dogs. • The property is developed with a single-family dwelling and several accessory structures. Three kennels are located in the back yard, one for companion dogs and two for hunting dogs.The kennel for the companion dogs is 20 feet by 20 feet and is enclosed by commercial grade welded wire. The kennels for the hunting dogs are 10 feet by 30 feet and 10 feet by 35 feet, each with a concrete floor and enclosed by commercial grade welded wire. • Section 223 of the Zoning Ordinance requires that except where animals are kept in soundproof, air-conditioned buildings, no structure occupied by animals shall be located within 100 feet of an adjacent property line.The existing kennels are located within 50 feet the adjacent property lines and, as such,the applicant is requesting a deviation to this requirement. AG-1' AG-2' AGA G-.. Zoning History # Request ' A 1 CUP(Home Occupation)Approved 12/10/1993 AG-2 ,` AG-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion,the proposed request for a Residential Kennel is an appropriate activity in the rural area of Virginia Beach. It is not unusual for hunters to keep dogs on their property in the southern part of the city. All of the kennels are located towards the rear of the property and, although located within 100 feet of adjacent property lines, are several hundred feet from the closest residential structure. The applicant has submitted several letters of support from the surrounding property owners. Based on this, Staff supports the deviation, and as per Section 221(i) of the Zoning Nina &William Gilbert Agenda Item 3 Page 2 . _ i Ordinance, recommends approval of this adjustment,and recommends approval of this application subject to the conditions below. Recommended Conditions 1. No more than 15 adult dogs shall be permitted to live on the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural and Cultural Resources Impacts The property is within the Southern Rivers watershed. There are no known significant cultural resources on this site. Public Utility Impacts Water & Sewer This property is not served by City water or sewer. The private well and septic system is currently approved by the Health Department. Nina & William Gilbert Agenda Item 3 Page 3 Site Layout ___ -- 11 4: ._1 \ Existing Buildings 0 D \ i P\ It. Existing Q<� Location of Kennels Dwelling \ \ t-'-',-: 4 Nina &William Gilbert Agenda Item 3 Page 4 Site Photos . . .. - .- . 1. . .., .. . , _At-z• ...'..:. -...,: I . , • - . . , . ' • t . . .,- ., -- .''.- - '74. 4.i'' 14444,:• - • — f ,f.A6Sik—•:.•,--,4,,- ,•`•',...A. 7.,., 6 .1• 41 ' t7,4•"-e- c. . :._ ,, • „-Ah*rt-1 'T, ,1 - ' ,... 7 . 1."1 -. k . " C. ' --. ... 7-g; ',11.•.- 's"1_07"••2-.,:.,_:•-•'f.'i•_•,..4 ** ' .' ,:, ,.,.$..; .. .. . .,.- .'' -.:foill e‘e • - ..o.,,- •cull',, . '''4. - ,:...... .-. ••• ..- .6-..-- . .:„.1,41, , . ,... . .4fonsti, 'k. i. ..: .' -'- ..._ . • *. . ' - -.i-c•7-1. - •'- -4*-- .1-' . - * . :..,.,, A f . , ..? . . . ,. 1 •=, . . idirititia74. A -I—,t MONK i 7---a .._ / . 11: 7 • °"' .• -- ' ti -- .., -. -- MI _...,. _- -.- • . - . -- _ ... .. .._-„.,....,._ , ..,_,._ ;i7,--Z -•.".vr'"fi..--'--' ,-----.•.,..,.. '- . - .,-,417- - '`'t,"`'1: -:Z -',.-;,::„"*4.,,__ '.--..:"' :,: -- ''-'''' ;. - , .. ' ;,_- - • . ', 10 Illisiiimi 1 , I , Iti: ---;!r• ---...,, ' - ,, ,:. , . , .. . .. I .......... I i ' • ' ... 111‘ 4 . _ _Ale i ill i • 01 4k t 79 ' -AK -1111SIN , ,1 I i, III' ;' '1 \\\\\\\1\'‘: ' '\ '\\\ ' ' ' ' ' ' k . An .'': ' . p , • .-.--s, i i 4 , i i ,, 1-1-J1 .t -17 , , . --- -. , 1: --- - - ---, --, L-,. A'..- :,, ,. , 't• 4-kt-l•ti,'''V.. I.'. t it- 'II. /- ,,.•.I yl 11;41 - :.1: Al , -41*-2 '-' ' • . _:___ olf ,. _......„.,__ 7 -- ------ : -----:--- sati -_:- -- ',At , - Nina & William Gilbert Agenda Item 3 Page 5 — — 1 Disclosure Statement w\B Virginia Beach APPLICANT'S NAME Nina 8,William Gilbert 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. • 0 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 AlEl I AN; N '11111 l% ,iit ❑ eu,< waN- << ); 147/a0/p gAG Robert A. Davis ❑ 2f 5! NS t F 1 i C` . Nina &William Gilbert Agenda Item 3 Page 6 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:Nina&William Gilbert 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 footnotest and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei 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 Nina &William Gilbert Agenda Item 3 Page 7 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 Nina &William Gilbert Agenda Item 3 Page 8 Disclosure Statement N/B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1 Accounting and/or preparer of I/\ your tax return IArchitect/ Landscape Architect/ ' I Land Planner Contract Purchaser(if other than Xthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed �1 7 purchaser of the subject property I I �� (identify purchaser(s)and purchaser's service providers) 1-1 1/‹ Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have XC ❑ 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? Nina Gilbert- Property Owner William Gilbert, Jr. - Property Owner Page 4 of 7 Nina &William Gilbert Agenda Item 3 Page 9 Disclosure Statement 9. Virginia Beach ear CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap�pli�c(atti�on. William H. Gilbert, Jr 04/11/201E CANTS SIGNATURE PRINT NAME DATE iI Pace S of 7 Nina & William Gilbert Agenda Item 3 Page 10 Item#3 Nina and William Gilbert Conditional Use Permit 5716 Blackwater Road District—Princess Anne June 13,2018 CONSENT CONDITIONS 1. No more than 15 adult dogs shall be permitted to live on the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. Mr. Hodgson: Thank you Mr. Wall. The next matter is agenda item number three. This is an application of Nina & William Gilbert for a Conditional Use Permit for a Residential Kennel on property located at 5716 Blackwater. This is in the Princess Anne District. Is there a representative here for this application? Good afternoon. Please state your name. Mr. Gilbert: Good afternoon. William Gilbert. Mr. Hodgson: Have you seen the conditions and are they acceptable? Mr. Gilbert: Yes sir. Mr. Hodgson: Thank you very much. Mr. Gilbert: Okay. Mr. Hodgson: Is there any opposition to this matter being placed on the consent agenda? The chairman has asked commissioner Don Horsley to please read this. Mr. Horsley: Thank you Mr. Hodgson. First, I want to reveal that I am the farmer that rents the property that surrounds this property which has nothing in the world to do with this dog kennel; I just needed to let that be known. The applicant owns 10 hunting dogs and upon some recent information found by them, with the number of dogs they have they needed to apply for a use permit for a kennel license. They desire to have up to 15 dogs, 12 of them probably for hunting and three companion dogs. They have got the kennel space and there is a picture of one of them on the screen. They have got three kennels; one for the companion animals and two for the hunting dogs. They have supplied us with a packet of letters of support from the surrounding neighbors in their area. This is an AG zoning. They are surrounded by several hundred acres of farm land and bush land and swampland so there is no issue there. So with the conditions that they can have no more than 15 total dogs on the property at any one time as adult dogs and they maintain the cleanup of the waste, by collecting the waste, and disposing that in a proper manner. The staff saw this as 1 totally appropriate for this area and there was no opposition so we placed it on a consent agenda today. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Carol Dozier: By the recorded vote of I 0-0, items number one, two, three, four, Dl and D3 have been approved by consent. 2 Ii III ili, ti,,co _ - -.... III II I __ II, _____---- CN _____„------ I, I _ -- . . „ ___-- . _,— \CNI —__ ---- , iv , . . , .... % CSI , ! • __---__------- ibr , III I, I„ — . , .z, • . , in. -_---.–_–. ,-.., ... __ __ _- __, . __-__, ,, , - _ -_ _ ' „ __ __,_ , __. .si 30 -- .. ,,.. ) , , -- ..--- _ ----- tte -A ---- _ _--,_-_-_:----- __--__-- \ '------- \ \ \ ' ._., 1 • to) , , , \ \\1/2 1,' \ \ r- \ID', , ..\ \ \ I (NI , ' s 0 \ , k \ ...A . ,, Viet .' _....-- \VP4 1 .. . , _ _- - ___------ ___----- __.----- _— 16 11‘ 4. AO 4, 4 __---- ___----- _---- .. , , ________-- , c: :1 't // -CO6 41-41- --- -- .---- . r_ _ . \ . , ,. . _--s NI . , \ s s k _---ii • , __,_S Il :, _.---- . ) , . 1, ; r ___-- i C 1 „ --- CNI \ • ',, . \ ___-- __------ ._ _ _L . . 1 ' , 1 --- • , . . . . . \ 1 ,- . , . 1 , 1 i . . , I\_-- . 1 • % • , . • .. . . . 4„ ,,, .....:4„,:ty Iii (0,.,,........./4, J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: HALLE PROPERTIES, LLC [Applicant] GOPA Three, LLC Conditional Use Permit (Automobile Repair Garage) for the property located at 620 First Colonial Road (GPIN 2407881313), COUNCIL DISTRICT — BEACH. MEETING DATE: July 10, 2018 • Background: On June 22, 2018, Staff received correspondence from the applicant's representative requesting a withdrawal of the request for a Conditional Use Permit. As the request has already been advertised, City Council must act upon the withdrawal request. The B-2 zoned property is currently developed with a restaurant that was constructed in 1972. The applicant is proposing to redevelop the site with a Discount Tires store for retail sales, repair and installation of tires. Based on this, the applicant is requesting a Conditional Use Permit for an Automobile Repair Garage. Both a 20-foot wide Dominion Energy easement and a 10-foot wide Verizon Communications easement exist on the site along the First Colonial Road frontage, which impacts the location of the future building. ■ Considerations: The subject site is located in the Hilltop Strategic Growth Area (SGA) and the requested use of an Automobile Repair Garage is not consistent with the recommended uses in the Hilltop SGA Plan. Recognizing this, Staff worked closely with the applicant on the proposed site layout and on the form of the building as a means of achieving an attractive site that satisfies the intent of the SGA plan. The proposed building is designed with multiple architectural elements that go beyond what is typically expected of a prototypical tire shop. Robust streetscape landscaping is planned with plant material that will meet the planting requirements while also complying with the requirements of the easements. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing who represented the owner of the adjacent properties to the north, east and south. The speaker in opposition noted concerns that the proposal is inconsistent with the Halle Properties, LLC Page 2 of 3 vision in the Hilltop SGA Plan and that the surrounding properties are planned to be redeveloped in the near future in accordance with the SGA Plan. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, with one abstention. 1 . When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 620 FIRST COLONIAL ROAD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated April 23, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL EXTERIOR ELEVATIONS 620 FIRST COLONIAL RD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated May 7, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and in substantial conformance with the signage exhibit entitled "DISCOUNT TIRE 620 FIRST COLONIAL RD. VIRGINIA BEACH, VA 23451", dated February 22, 2018, and prepared by Walton, with the exception that said sign may be no taller than eight-feet, from the top of the sign to the ground level at the base of the sign. Said signage exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. A sign permit shall be obtained from the Zoning Division prior to the installation of any free-standing sign on the site. 5. The existing freestanding sign on the site shall be removed. 6. All other signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized Halle Properties, LLC Page3of3 manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 8. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment, parts, tires, or materials. 10.No outside paging or amplified music system shall be permitted. 11 .All vehicle repair and tire installation shall take place inside the building. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De rtinen JAgency: Planning Departmen City Manager: 1 1 vB Applicant Halle Properties, LLC Agenda Item Property Owner GOPA Three, LLC Public Hearing June 13, 2018 (Previously deferred on March 14, 2018) D2 City Council Election District Beach Virginia Beach Request „,„,,c,t tbotn cow. A Conditional Use Permit(Automobile Repair ��c �u��ne Garage) cam titr1 C° 2. Staff Recommendation Se;'‘) o 90 Approval j A n Staff Planner toykt°a°:a o .0 vii • s Jimmy McNamara °„ i 4 ,. w a p tree " Location o °O� 7. 620 First Colonial Road 2 et GPIN t 264 0 2407881313o m 3 o Site Size ? R R G. 0.89 acres c o AICUZ c WirOnsm Avenue = Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Restaurant /B-2 Community Business ,-. • " } _ �, „ • Surrounding Land Uses and Zoning Districts is`lti North .,,l ;t►u Bankers Lane ,1 _� I - s Retail /B-2 Community Business `:;., .4- `t � � South " Retail /B-2 Community Business Ks. L * i, e � r East R ,, . iR Retail /B-2 Community Business , _ a West : ---"- `' 0 : First Colonial Road • �` �t. t Retail B-2 CommunityBusiness 444;1, ' r rig;y 4' 4 A , i ma.yamr f 1.. r_, .r Halle Properties, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • The site is currently developed with a nearly 5,000 square-foot restaurant that was constructed in 1972. • The applicant is proposing to redevelop the site with a Discount Tires store for the retail sales, repair and installation of tires. No other automobile repairs or services are anticipated on the site. • South-bound traffic along First Colonial can currently access the property by turning left through a median break; however, the applicant is aware that improvements to First Colonial Road through Laskin Road Project Phase IA will remove this capability. When this project is complete, access to the site will be limited to a right- in/right-out only along First Colonial Road. The concept plan does not depict any future improvements within the area of ultimate expansion of First Colonial Road. • Both a 20-foot wide Dominion Power easement and a 10-foot wide Verizon Communications easement exist along the front of the site, but outside of the planned First Colonial Road expansion. The plan depicts the required 10-foot wide streetscape plantings and the applicant has worked with Staff and the owners of the easements to select plant material that will meet the planting requirements while also complying with the requirements of the easements. • The concept plan depicts 16 parking spaces, which exceeds the required 15 spaces for a retail and automobile repair establishment of this size. • A dumpster is proposed in the rear of the site and will be enclosed with a Category VI screening. • The building is proposed with three service bays that will not face the public right-of-way. The building will have a tower feature with a standing seam metal roof. The primary exterior building material will be split-face CMU. An EIFS cornice is proposed along the roofline. A 12-foot tall glass storefront windows are proposed along the front of the building. • An eight-foot tall freestanding sign with a brick base is proposed in the northwest corner of the site. • Typical hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that up to 10 people will work on the site. Halle Properties, LLC Agenda Item D2 Page 2 B-2 ) • _ � Zoning History 1 o � \ 2 # Request z ice"` I 1 CUP(Religious Use)Approved 10/24/1995 ; ,:, B-2 2 CUP(Automobile Repair Garage)Approved 12/08/2015 3 SVR Approved 05/11/2004 „eu+r" CUP(Car Wash)Approved 08/27/2002 1B /moi B-2 4 MOD Approved 04/28/2009 1, CUP(Tattoo Parlor)Approved 09/23/2008 5 CUP(Automobile Repair Establishment)Approved 10/20/2015 � B-2 11 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 subject site is located in the Hilltop Strategic Growth Area (SGA) and the requested use of an Automobile Repair Garage is not consistent with the recommended uses of the Hilltop SGA Plan; however, Staff is aware that the market may not be ready to support the uses that the Plan recommends. As such, the applicant has worked with Staff on the site layout and form of the building to create an attractive site that utilizes many of the design recommendations of the Plan such as pulling the building close to the street. This site is constrained due to its location with the Greater than 75 noise zone. The proposed use is compatible with Section 1800 of the Zoning Ordinance. The proposed building is designed with multiple architectural elements that go beyond what is typically expected with a prototypical tire shop. Combined with the robust streetscape landscaping and the orientation of the building, such that the service bays are directed away from the public right-of-way, it is Staff's opinion that the site's form and architectural design meet the intent of the design aspects of the SGA Plan, even if the use is not consistent with the recommended vision for this part of Virginia Beach. Based on the considerations above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 620 FIRST COLONIAL ROAD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated April 23, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning &Community Development. Halle Properties, LLC Agenda Item D2 Page 3 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL EXTERIOR ELEVATIONS 620 FIRST COLONIAL RD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated May 7, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and in substantial conformance with the signage exhibit entitled "DISCOUNT TIRE 620 FIRST COLONIAL RD.VIRGINIA BEACH, VA 23451", dated February 22, 2018, and prepared by Walton, with the exception that said sign may be no taller than eight-feet, from the top of the sign to the ground level at the base of the sign. Said signage exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. A sign permit shall be obtained from the Zoning Division prior to the installation of any free-standing sign on the site. 5. The existing freestanding sign on the site shall be removed. 6. All other signage on the site shall comply with the requirements of Sections 211, 212, 213, 214, 216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 8. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment, parts, tires, or materials. 10. No outside paging or amplified music system shall be permitted. 11. All vehicle repair and tire installation shall take place inside the building. 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. Halle Properties, LLC Agenda Item D2 Page 4 Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan, and the Hilltop SGA Master Plan. The SGA Plan recommends non-residential mixed use development for this site with uses that are deemed compatible with the AICUZ designation. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed, there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 36,937 ADT 1 27,300 ADT 1(LOS 4"D") Existing Land Use 2—811 ADT 31,700 ADT 1(LOS 4"F") Proposed Land Use 3-191 ADT 1Average DailyTrips 2as defined by a sitdown 3as defined by a tire store 4 LOS=Level of Service restaurant Master Transportation Plan(MTP) and Capital Improvement Program (CIP) There is a roadway CIP project slated for this area. Laskin Road—Phase IA(CIP 2-156) is a VDOT managed project for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Red Robin Road with multi-use path and sidewalk. It also includes the construction of a six-lane divided highway on First Colonial Road from Laurel Lane to 1-264 and intersection improvements at First Colonial Road. VDOT intends to advertise for construction late 2018. Public Utility Impacts Water The site is currently connected to City water. The existing one-inch meter (City ID#95043233) may be used or upgraded to accommodate the proposed use. There are existing eight and 12-inch City water mains along First Colonial Road. Sewer The site is currently connected to City sanitary sewer. There is an eight-inch City sanitary sewer gravity main along First Colonial Road. There is an existing eight-inch City sanitary sewer gravity main located within a public utility easement on the adjacent property to the north. There is an existing eight-inch private sanitary sewer gravity main located on the adjacent property to the east. Halle Properties, LLC Agenda Item D2 Page 5 Proposed Site Layout 1 � I .ww,a I I i BANKERS LANE II 1 0.00 of • ,7„.., p 00 4 ere*iv I u'arrscn,vuc«-- 90 r crrw�»crnac n�rcwT �` � r, Q DISCOUNT (t .-11awca�... a I __ �, ons: (TIRE) 04- .., MR. +IY ;Iv o e.s: BUILDING: 7,680 SF -I 7=:: y I SPACES REQUIRED; PER CUP SPACES PROVIDED: 16 , F SITE AREA: 0.78 AC I J T��,ba t..---- o �I - I I i tit, 0. i7 }¢. ..ate I 1 I 0 OWPS4110R®1R ' .o TO MATQ lulLwc P STINi; rr Ih N).TMCNTTO 0E REMOVED (ROADWAY �' `J.IX MPROVEMENTS BY OTHERS) _` I ire 1 aviviPM LL Halle Properties, LLC Agenda Item D2 Page 6 Proposed Elevations v < . 's r. i33 Fg yyysQi' 1-'.. iill ii 1 f gi 011 ; it ia: II , Sgto a e1 -g iti ' i8a 1.44,51 is :.. - 1 r $s I 11 {V Y � 11 t. 1 lir - r . . Ina i us : a. i Mi sio k, 1111 Lu l .M MU {i `e, 4 irliiii :: )1 - • . 41 ., . , __ i g ,/ e i t. st Alit lz 0i g ' a 111,9 o - r- '' Y F— 41 0 o It ti u'r W i W r g; ; , _ Xf .ii El ® e a x < `i '� w - i t O � t a t 4 ILI 4. Ei$r , r ,T, i , , 4.11 l?41 5t. I t ..g Q. 6 L Ti 1:o.F '. qq N i 1- i - si i ; ®(, g 0' P S `Q4.Sg, i# g 3 4 ® 1 zsy _s g'$ i" 3! i ; ® i AA iil: O Halle Properties, LLC Agenda Item D2 Page 7 Proposed Freestanding Sign m w i W t i E 7if= . Lv N _N _ _ _i IIL x r"' oiii 0 v Ure fil ole 4 w x $5 0 598 ".4., ; E et i E ii . ill Z . 0111/1 0w 111111 __cc 1,I,To. ._ 0 11I CO X1t ill 1 111111 01.I.I. 11 . .9�5 I _" `,, J,c .i,F "J l , A a Halle Properties, LLC Agenda Item D2 Page 8 Site Photos . , 1111 Stea4 Vetwoe snAK SPAGHETTI k IhriMITII SEAFOOD -- 1111111111.16mk. • ' iII Halle Properties, LLC Agenda Item D2 Page 9 Disclosure Statement 'n'. e.•.,.L APPLICANT'S NAME Halle 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 Alternativer Economic Development Compliance,Special Investment Program Nonconforming UseC 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 Page 1 of 7 �i It, ,. 2 i 5l �. Jimmy McNamara Halle Properties, LLC Agenda Item D2 Page 10 Disclosure Statement ttry q 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:Halle Properties, LLC If an LLC, list all member's names: Wilanna, Inc., Managing Member-see attachment Teton-Pitkin, LLC, Member-see attachment If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prpperty owner is Afferent from Applicant. Check here if the PROPERTY OWNER 1S NOT a corporation, partnership,firm, business, or other unincorporated organization. Inl 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:GOPA Two, LLC If an LLC, list the member's GOPA Associates Family Limited Partnership,Member names:(George Christodoulias, Manager, see attachment) Page 2 of 7 Halle Properties, LLC Agenda Item D2 Page 11 Disclosure Statement .1\i3 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (8) list the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None. t "Parent subsidiary relationship" means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Slate 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, (il)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 affil:aced business entity relationship include that the same person cr substantia'ly 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 6 2.2-3101. • — SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or am, business operating or to bep.erated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF TILE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Halle Properties, LLC Agenda Item D2 Page 12 Disclosure Statement • *NB APPLICANT Virginia Beath YES] NO l I SERVICE I PROVIDER(use clonal sheen if u Accounting and/or preparer of your tax return zI II Architect/Landscape Architect/ Architectural Resource Team Land Planner Contract Purchaser(if other than rin the Applicant)- identify purchaser and purchaser's service provklers _ Any other pending or proposed i--1 purchaser of the subject property LJ i' i (identify purchaser(s)and purchaser's service providers) � LJ l l Construction Contractors Tobeedat•ra d ua*noatatMk*no. P-1 l U Engineers/Surveyors/Agents 1017001414xnAlsociates.Inc. Financing(include current EJ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) --j x n Legal Services Williams Mullen Real Estate Brokers/ {I CBR{chard EI6s 1 1 Agents/Realtors for current and TheKetsiasCompany 1 anticipated future sales of the sub'ect property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 an Interest in the subject land or any proposed development rontingent 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 Halle Properties, LLC Agenda Item D2 Page 13 Disclosure Statement 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. IN Halle Properties,L.L.C.by Wilanna,Inc. + Managing Member by: 1 'iiICA Tai i I 1 X I PRINT NAME i DATE ' •► V Page 5 of 7 Halle Properties, LLC Agenda Item D2 Page 14 Disclosure Statement OWNER Virginia Beach F YES [NO J — — SERVICE 1PROVIDER cuss additional sheets It needed) ❑ a I Accounting and/or preparer of your tax return CD Architect/Landscape Architect/ + Land Planner Contract Purchaser(if otherp ❑ ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed - ❑ C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) C- onstruction Contractors ❑ ❑ E- ngineers/Surveyors/Agents Financing(include current U ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Li 1 x I Legal Services Real Estate Brokers/ the Kalifs cc-npar) Q ❑ Agents/Realtors for current and anticipated future sales of the subject ;-)roperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO j Does an official or employee of the City of Virginia Beach have I an interest in the subject land or any proposed development U Q 1 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 Halle Properties, LLC Agenda Item D2 Page 15 Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is icomplete,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. GOP PROPERTY OWNER'S SIGNATURE PRINTA H: EE LLjL .11-2g 7 NMAE DATE Page 7 of 7 Halle Properties, LLC Agenda Item D2 Page 16 Disclosure Statement DOUGLAS S.WILSON,ESQ. 20225 N.Scottsdale Road Scottsdale,Arizona 85255 (480)606-5786 (480) 606-4404-Fax dwilson@discounttireco.com March 21,2018 Re: Wilanna,Inc.,an Arizona corporation To Whom it May Concern: You have requested the named officers of the above-mentioned entity. I am the Secretary of Wilanna, Inc.and the other officers are: Bruce T.Halle,Jr. Chairman Lisa Pedersen - President Diane Halle - Vice President Susan Lyle - Vice President Michael Zwieback Treasurer Cordially, 2 Douglas S.Wil/Wilson Secretary Halle Properties, LLC Agenda Item D2 Page 17 ' Disclosure Statement .) ACTION BY UNANIMOUS CONSENT IN WRITING AS AND FOR A MEETING OF WILANNA, INC. Effective as of November 15,2004 The undersigned,being the director of Wilanna, Inc.,an Arizona corporation (the"Corporation"),which is the Managing Member of Halle Properties, L L C.,an Arizona Hnted liability company ('HP"), by unanimous consent In writing, without the formality of convening a meeting, does hereby adopt and approve the following actions of the Corporation: RESOLVED,that the following individuals be,and each of them hereby is, authorized and empowered, for and on behalf of the Corporation as an authorized agent of the Corporation,to take such acts and execute such documents as any one of them deems necessary, appropriate or advisable in connection with the business of the Corporation and HP,such business to include, without limitation, the purchase, lease, development and sale of real property: James Silhasek D.Scott Fehrman Douglas S.Wilson Dan Wainwright Don Thrailkifl Rich Sommer RESOLVED, that ail actions taken by the individuals listed above for and on behalf of the Corporation, be, and they hereby are, ratified and approved as the acts of the Corporation. • HALLE PROPERTIES,L.L.C., an Arizona limited liability company By: Wilanna,Inc.,an Arizona corporation, Managjng Member BY: /`)��t„t�• its: Jpros. / liwp'mintMslsrnual wilsnne Ht real est Halle Properties, LLC Agenda Item D2 Page 18 Disclosure Statement DOUGLAS S.WILSON,ESQ. 20225 N.Scottsdale Road Scottsdale,Arizona 85255 (480)606-5786 (480) 606-4404-Fax dwilson@discounttireco.com March 27,2018 Re: Teton-Pitkin,LLC,an Arizona limited liability Company To Whom it May Concern: You have requested the name of the member for the above-mentioned entity. The Bruce T.Halle 2003 TP Irrevocable Trust Is the only member of this limited liability company. The manager is Wilanna,Inc., an Arizona corporation. Cordially, Douglas S.Wilson Secretary Halle Properties, LLC Agenda Item D2 Page 19 Disclosure Statement RESOLUTIONS OF TILE MEMBERS OF GOPA TWO,L.L.C. These Resolutions of the Members of GOPA TWO,L.L.C.(these "Resolutions") arc adopted by GOPA ASSOCIATES FAMILY LIMITED PARTNERSHIP,a Virginia limited partnership, which is the sole member of GOPA TWO, L.LC., a Virginia limited liability company(the"Company"). RECITALS A. Pursuant to a Ground Lease Agreement dated November 30, 2017, the Company has decided to lease to Halle Properties,L.L.C„an Arizona limited liability company(the"Tenant"), certain real property located at 4300 Virginia Beach Boulevard,Virginia Beach,Virginia 23452 (the"Property")for use as a Discount Tire store. B. The sole member of the Company has further decided that it is in the best interest of the Company to confirm that George Christodoulias is the Manager of the Company and to authorize George Christodoulias,in his capacity as the Manager of the Company,to execute and deliver on behalf of the Company any and all documents he deems necessary or advisable to enter into the lease described above and to assist the Tenant in obtaining any necessary governmental approvals, including without limitation the approval of the City of Virginia Beach for a Conditional Use Permit to operate its business on the Property. RESOLUTIONS NOW, THEREFORE, IT IS RESOLVED, that the Company, by George Christodoulias,the Manager of the Company,whose signature alone shall bind the Company,is authorized to act as follows: 1. To execute and deliver all contracts,leases, applications, affidavits,instruments, certifications or other documents on behalf of the Company,as he deems necessary or desirable, to consummate the lease of the Property and to enable the Tenant to obtain any necessary governmental approvals,including without limitation the approval of the City of Virginia Beach for a Conditional Use Permit to operate its business on the Property; 2. To do any and all things deemed necessary or advisable,in his sole discretion,to accomplish and perform the transactions herein contemplated or the obligations required of the Company. These Resolutions are effective as of January 30, 2018 (the "Effective Date"). All actions accomplished by George Christodoulias,on behalf of the Company prior to the Effective Date of these Resolutions are hereby ratified and confirmed, the same as if they were accomplished after the Effective Date. 1 Haile Properties, LLC Agenda Item D2 Page 20 Disclosure Statement IN WITNESS WHEREOF,the undersigned,being the sole member of the Company, has executed these Resolutions as of the Effective Date. GOPA Associates Family Limited Partnership, a Virginia limited partnership,Member By: George Christodoulias,General Partner By() Pit , u�a�/S Widal—P - Ourania Christodoulias,General Partner 2 Halle Properties, LLC Agenda Item D2 Page 21 Item#D2 Halle Properties LLC Conditional Use Permit 620 First Colonial Road District-Beach June 13,2018 Carol Dozier: Next item for today will be item D2 Halle Properties LLC, an application for a conditional use permit, automotive repair garage on property located at 620 First Colonial Road in the Beach District. We have three registered speakers for this item. Two in support and one in opposition. Mr. Redmond:I have to abstain from this application. The reason being I have a piece of property under contract as the broker with this applicant in another location, so I cannot vote on this and as a result I will take my leave and wish you all well. Ms. Oliver: Great, thank you. Carol Dozier: Will the applicants please come forward? Mr. Palmer: Good afternoon Vice Chairman,members of the Commission and Ctaff. My name is Grady Palmer. I represent the applicant in this matter. This is a Conditional Use Permit for an Automobile Repair Garage, a Discount Tire location on First Colonial Road, you may recall that this application was on your agenda way back in December and January and it was continued. We had originally shown two access points one to our north on Bankers Lane and another shared entrance with our neighbor to the south. The project was continued at that time for redesigned to eliminate the access on Bankers Lane so the only entrance currently is that is proposed would be to the south and the shared entrance that directly accesses First Colonial. This property is a little under an acre in size, the family that has owned it, is here with me today. It is, as you know, the Virginian Steak House. The family will be our landlord, they will lease the property to us. Virginian Steak House will be demolished and the Discount Tire location would be constructed if this is approved. We understand that it is in the Hilltop SGA, we have designed the building and laid out the site accordingly and Staff recommends approval. We also ask for your recommendation of approval as well and I will standby for any questions that you got. Thank you. Ms. Oliver: Right, thank you. Carol Dozier: Perry Christodoulias. Mr. Christodouliaus: Good afternoon everybody. Thank you for all your time. This is my father George. He opened the Virginian Steak House when he was 33 years old. Now he is 78. He is ready to retire. We were approached by Discount, we researched them. They are powerful company and we just wanted to thank everybody and introduce ourselves for all the time that 1 everybody has put into this and just looking forward to getting him retired. He is tired. He went in there young, and now he is old. He is done. Ms. Oliver: We are going to miss his French Fries. Mr. Crystodolous: Oh, you can come see me 8 miles up the street. We just wanted to thank everybody for all the work that they put into that. Appreciate it. Ms. Oliver: Thank you. Carol Dozier: William Jennings. Please state your name for the record. Mr. Jennings: My name is William Jennings and I am an employee of the Ramseys the opposition they have is to the location of the Tire facility not to the owners of Virginian Steak House whom my employers the Dairee Ramseys have known for years. Mr. and Ms. Ramsey are here today. As noted in the Mr. Ramsey's statement that you have the entire property from Donna Lane to Laskin owned by the Dairee Ramseys are being marketed to be consistent with the Hilltop strategic growth area plan. A Discount Tire Store is inconsistent with the City's future Strategic Growth Area Plan and this type of facility will setback the heart of the Hilltop Strategic Growth Area for decades. Thank you. Ms. Oliver: Thank you, anybody have any questions for Mr. Palmer, I mean Mr. Jennings? Mr. Horsley: Yes I have one. Why do you think this project is going to setback for decades? Mr. Jennings: Because the area is completely surrounded is going to be developed into three to five story, consistent with the SGA, our folks have been meeting with the SGA Hilltop Strategic Growth Area folks and that's the way it's going to be marketed and this type of facility with the noise and the bays and the traffic on that corner of the tire property in other words from Laskin all the way down to Donna, their property surrounds that. Mr. Horsley: Okay, thank you. Mr. Jennings: Thank you. Ms. Oliver: Mr. Jennings, can you pull the site plan up? There is a pointer right there, I was just curious is to what property does the family own around. Mr. Jennings: They own this part the old Kentucky Fried Chicken if you know that, all of this which they have leased to Rite Aid and as you know we have been working with and have discussions with the gas station, of course the bank has a land lease for this as well. On Bankers Lane, they own this property here which is down to Donna and they own this property here, so it surrounds the entire site. Ms. Oliver: And the property behind it also. 2 Mr. Jennings: This one again, probably here. Ms. Oliver: Right there. Mr. Jennings: Yeah that's the bank and that's the lease that we have to the bank right now and the bank is willing to work with us so is Rite Aid, they are going to move out next year they already have a pharmacy here, which does quite well. We have another Rite Aid across the street, and have a CVS and Kroger also has another pharmacy, so it's kind of, so that's why Rite Aid is not doing so well Ms. Oliver: Ron? Mr. Ripley: So what do you feel would be appropriate, I mean this is the people that own this property and they have a right to develop the property and they have rights to property, so what is in your vision that this should be? Mr. Jennings: Something they would be consistent with the plan if you look at the artist renderings and everything of the Strategic Growth Area something along those lines would be helpful to this unique time that we can develop this whole piece of property. I think you are not going to see this happen again for a long time. So you know respond any type of things along that line you know it's up to them but something more consistent than a Tire Store at you know on that side. Mr. Ripley: Okay, thanks. Mr. Jennings: I think the one quick phrase adds to that I think that the SGA folks have said that it is kind of inconsistent but they were trying to make accommodations. Thank you sir. Ms. Oliver: Mr. Jennings, I have a question for you. Is there a reason why the two families did not get together to acquire that piece of property? Mr. Jennings: Well, we would like to work with them. Unfortunately, there is a miscommunication with the,we use the same company that's a real estate broker CBRE, and there were some miscommunications. Thank you, anyone else? Ms. Oliver: Anybody else to have any questions? Mr. Jennings: Thank you for your consideration again, we love these folks. Thank you. Ms. Oliver: Thank you. Mr. Palmer you want to come up for rebuttal? Mr. Palmer: The property was parceled out and sold by the family to the current owners and so you know it has been operated by that family for 40 years but it was originally owned by the entire family and this parcel was sold. 3 Ms. Oliver: Anybody have any questions for Mr. Palmer? No on that I guess, we will close this and open it for discussion among the commissioners. Anybody have any? Ms. Rucinski: I have a question. Ms. Oliver: Yes. Ms. Rucinski: So what other kind of things based on the SGA and maybe Ashby can answer this, should go there, I mean what, they are talking about this not been consistent with what the SGA was showing, I apologize that I cannot remember. Ms. Moss: Inaudible - [00:42:44]. Ms. Rucinski: Thank you. Ms. Oliver: Anyone else? Mr. Hodgson: Right across the street down, we have a rim store I think, [Crosstalk] and we will also just put a Take 5 Oil down through there, so we are moving more and more these type of things into that area. Ms. Oliver: Yes Ron. Mr. Ripley: On this item, I think we are going to place some consent I think, Commission seemed to be pretty accepting when we were in the informal meeting, I think staff recommended approval but it looks like they have worked pretty good with the Staff as far as moving the building back on the back and landscaping it like they have landscaped it. It's very, the tire store is something that you know people just don't drop in, you know, unless you need a tire and it does not like it generates a lot of traffic, I think that's why Rick said he is not all concerned about it because it's a pretty low level use and we run into this all the time in our Strategic Growth Areas where maybe doesn't quite fit the box but they worked with the elevations to try to make it look like it fits in and it's an interim use in later perhaps in the long term things change and I really hope to see the rest of the property to come in here that's being talked about to be developed or redeveloped with the early grade but right now this man is wanting to move and he has a right and I think unless there is a lot of change on the Planning Commission, the commissioners, I mean I like to make the motion when you like for approval. Mr. Horsley: I would like to second the motion too and this other development has that been possibly talked about here I think that's a long ways down the road. I don't think that's going to happen in time soon and I think then if the present owner wanted to make a shift, I think they could if that would be more amenable to them at that time but I cannot see holding these people back right now. I will support the motion. 4 Ms. Oliver: Right, hopefully in the future it will. They will move it altogether but so we have got a motion to approve from Commissioner Ripley and seconded by commissioner Horsley, alright, great. Alright, I believe that was our last item, sorry. Carol Dozier: By the recorded vote of 9-0 with one abstention, item D2 has been approved. APPROVED CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "DISCOUNT TIRE STORE 620 FIRST COLONIAL ROAD VIRGINIA BEACH, VA 23451", prepared by Architectural Resource Team, dated April 23,2018,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, will be in substantial conformity with the exhibit entitled,"CONCEPTUAL EXTERIOR ELEVATIONS 620 FIRST COLONIAL RD VIRGINIA BEACH, VA 23451",prepared by Architectural Resource Team,dated May 7, 2018,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1, shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. Any freestanding sign located on the Property shall be monument style and in substantial conformance with the signage exhibit entitled"DISCOUNT TIRE 620 FIRST COLONIAL RD. VIRGINIA BEACH, VA 23451", dated February 22, 2018, and prepared by Walton,with the exception that said sign may be no taller than eight-feet, from the top of the sign to the ground level at the base of the sign. Said signage exhibit has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. A sign permit shall be obtained from the Zoning Division prior to the installation of any free-standing sign on the site. 5. The existing freestanding sign on the site shall be removed. 6. All other signage on the site shall comply with the requirements of Sections 211, 212,213,214,216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the Zoning Division prior to the installation of any signage. 7. There shall be no signs which contain or consist of pennants,ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs,or electronic display signs on the site. 8. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment,parts, tires, or materials. 10.No outside paging or amplified music system shall be permitted. 5 11. All vehicle repair and tire installation shall take place inside the building. AYE 9 NAY 0 ABS 1 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSTAINED RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE 6 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE 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 *************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/03/18 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y LN A 0 R S 0 T R E EENS I 0 0 T TR Y S ES N N D CITY COUNCIL'S BRIEFING Delegate Glenn R. A. CANNABIS OIL LEGISLATION and Davis—84th DEVELOPMENT OPPORTUNITIES District Warren Harris, Director— Economic Development B. SHORT TERM RENTAL-Discussion City Council II. CITY MANAGER'S BRIEFING A. ASHVILLE PARK PHASE I AND COST Thomas M.Leahy, PARTICIPATION AGREEMENT Deputy City Manager A Y Y Y Y Y Y Y Y Y CERTIFICATION CERTIFIED 9-0 VII. A Y Y Y Y A Y Y Y Y MINUTES B F.1. S June 19,2018 APPROVED 8-0 T A N E D Resolution to DIRECT the City Manager to ADOPTED BY, 9-0 AY Y Y Y Y Y Y Y Y H.1. consider revisions to the City's Flexible CONSENT Workplace Policy Ordinance to AMEND City Code Section 5- ADOPTED BY, 9-0 A Y Y Y Y Y Y Y Y Y H.2. 303 and ADD Section 5-312 re Pet CONSENT Shops/Licensing Ordinance to ADD City Code Section 21-223 ADOPTED BY, 9-0 A Y YY Y Y Y Y Y Y H.3. re authorize schools to install and operate a CONSENT video-monitoring system to record violations of drivers passing a stopped school bus H.4. Ordinances to APPROVE a term sheet re ADOPTED, 9-0 A Y Y Y Y Y Y Y Y Y Ashville Park Drainage Improvements; CPA PROPOSAL 3 AUTHORIZE the City Manager to —ALTERNATE EXECUTE a Cost Participation Agreement VERSION (CPA) and an Agreement of Sale and Dedication, and DIRECT staff to return a Proffer Modification Request in August (Deferred from June 19,2108): a. CP l-1 b. CPA Proposal 2 c. CPA Proposal 3 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/03/18 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D H.S. Ordinance to APPROPRIATE $622,543 to ADOPTED BY, 9-0 A Y Y Y Y Y Y Y Y Y the Clerk of the Circuit Court FY 2018-19 CONSENT Operating Budget re technology related expenses HOED ASHVILLE PARK,LLC for a DEFERRED TO 9-0 A Y Y Y Y Y Y Y Y Y 1.1. Modification of Proffers of a Conditional AUGUST 7,2018 Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24,2004,and Modified on May 10, 2005,and February 14,2012) DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH fora APPROVED 9-0 A Y Y Y Y Y Y Y Y Y I.2. Special Exemption for Alternative Compliance(Build-to requirement in Oceanfront Resort District Form-Based Code)at the South of 19th Street and the East of North Birdneck Road,extending South to 17th Street and East to just beyond Parks Avenue(SPORTS CENTER) DISTRICT 6—BEACH I.3. Ordinances re Short Term Rentals(Deferred DENIED 9-0 A Y Y Y Y Y Y Y Y Y from June 5,2018): a. AMEND Sections 102, 111,401,501, 601,901,1110,1125,1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance(CZO)pertaining to Definition,Requirements and Use of Home Sharing and Short Term Rentals (Alternative 1) b. ADD Article 23,Consisting of Sections 2300 through 2303,(Short Term Rental Overlay District)to the City Zoning Ordinance(CZO)establishing regulations and requirements pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District d. AMEND Sections 111,401,501,601, 901,1110,1125, 1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance(CZO)pertaining to Definition,Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/03/18 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D e. AMEND Sections 111,401,501,601, 901,1110,1125, 1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance(CZO)pertaining to Definition,Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2—Planning Commission Version) f. AMEND Sections 111,401,501,601, 901,1110, 1125, 1521 and 2203 of the City Zoning Ordinance(CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Section 209.6 of the City Zoning Ordinance(CZO)pertaining to Definition,Requirements and Use of Accessory Use-Short Term Rental (Alternative 3) g AMEND Sections 111,401,501,601, 901,1110, 1125, 1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Section 209.6 and 241.2 of the City Zoning Ordinance(CZO) pertaining to Definition,Requirements and Use of Home Sharing and Short Term Rental (Alternative 3—Planning Commission Version) 2040 VISION TO ACTION COMMUNITY RESCHEDULED B YCONS E NS US COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS — ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD BIKEWAYS AND TRAILS ADVISORY Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y COMMITTEE Barbara Bishop 3 year term 7/1/18—6/30/21 COMMUNITY SERVICES BOARD Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Todd Walker Unexpired term to 12/31/19 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/03/18 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y L N A 0 R S 0 T R EEENS I 0 0 T T R Y S E S N N D GREEN RIBBON COMMITTEE Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Claudia Cotton Unexpired term +1 year 7/3/18—10/31/19 HAMPTON ROADS NORFOLK& Appointed: 9-0 A Y Y Y Y Y Y Y Y Y VIRGINIA BEACH JOINT LAND USE No Term STUDY POLICY COMMITTEE Vice Mayor Wood HISTORIC PRESERVATION Appointed: 9-0 A Y Y Y Y Y Y Y Y COMMISSION Brianna Perez- Student Victoria McQuay -Student 1 year term 7/3/18—6/30/19 HISTORICAL REVIEW BOARD Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Steven McNaughton Unexpired term +3 years 7/3/18—10/31/21 MINORITY BUSINESS COUNCIL Reappointed: 9-0 A Y Y Y Y Y Y Y Y Y Francina Harrison 2 year term 6/1/18—5/31/20 Appointed: Colleen P.Nabhan Francis Knight- Thompson 2 year term 7/3/18—5/31/20 SOCIAL SERVICES BOARD Appointed: 9-0 A Y Y Y Y Y Y Y Y Y Angela Kellam Jalana L. McCasland 4 year term 7/3/18—6/30/22 J/K/L ADJOURNMENT 7:33 P.M. OPEN DIALOGUE 1 Speaker 7:34 P.M. it