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12-11-18 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �NEq MAYOR ROBERT M. "BOBBY"DYER,At Large J\ '',1A B„ cb.L VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 p� - JESSICA P.ABBOTT,Ketnpsville-District 2 M.BENJAMIN DAVENPORT,At Large U . ti, BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 rso �, �:,► SHANNON DS KANE,Rose Hall-District 3 05,'" JOHN D.MOSS,At Large oo. w. °*' JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville-District/ 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY MANAGER-DAVID I. HANSEN FAX(757)385-5669 CITY A71'ORNEY-MARK D.STILES E-MAIL:C/TYCOUNCI vb ov.com CITY ASSESSOR-RONALD D.AGNOR December 11, 2018 g CITY AUDITOR-LYNDON S.REMIAS CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. LIFEGUARD CONTRACT Chief Edward Brazle, Director—Emergency Medical Services B. NEIGHBORHOOD REVITALIZATION and HOUSING STRATEGY DEVELOPMENT PROCESS Andrew Friedman, Director—Housing and Neighborhood Preservation C. PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE Kevin Jensen, Facilities Design and Construction Manager— Public Works D. QUARTERLY FLOOD CONTROL/ STORMWATER PROGRAM UPDATE Phil Pullen, City Engineer E. COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Alice Kelly, Interim Director— Finance F. DISCUSSION—PINEY GROVE BAPTIST CHURCH City Council G. ATLANTIC AVENUE RECONFIGURATION UPDATE Phil Pullen, City Engineer II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Jason Miller Senior Pastor, Providence Mennonite Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 4, 2018 G. MAYOR'S PRESENTATION 1. HUMAN RIGHTS DAY AND HUMAN RIGHTS WEEK H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 220, 216, and 212/214 North Oceana Boulevard b. 1514,1536, and 1540 Indiana Avenue 2. CORRECTIONAL CENTER MASTER CONTROL PPEA PROPOSALS at: https://www.vbgov.com/government/departments/finance/Pages/purchasing.aspx I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE EXCESS City Property at 220, 216, and 212/214 North Oceana Boulevard and AUTHORIZE the City Manager to sell to Bishard Homes, LLC 2. Ordinance to DECLARE EXCESS City Property at 1514, 1536, and 1540 Indiana Avenue and AUTHORIZE the City Manager to sell to THSB, LLC 3. Ordinance to AMEND City Code Sections: a. 12-2 re liability for expenses incurred fighting certain fires b. 17-5, 23-21, 23-32, and 23-34 re larceny c. 5-103 and 5-104 re creation of the animal control unit advisory board 4. Resolution to DIRECT the City Manager to NOT RECONFIGURE Atlantic Avenue near 40th Street(Requested by Council Members Abbott and Moss) 5. Ordinance to AUTHORIZE $140,000 payment from the"Next Generation Network"CIP to the Virginia Beach Development Authority (VBDA)re internet connectivity and economic development 6. Ordinance to APPROPRIATE $445,000 from the Tourism Advertising Program Special Revenue Fund to the FY2018-19 Convention and Visitors Bureau Operating Budget re advertising and marketing efforts 7. Ordinance to ACCEPT and APPROPRIATE $12,000 from the U.S. Department of Homeland Security to the FY2018-19 Fire Department Operating Budget re purchase hazmat team equipment 8. Ordinance to TRANSFER$1,732,024 from Capital Projects 2-107, 2-149, 2-168, and 2-176 to Capital Project"Laskin Road Phase I-A"and TRANSFER$1,619,398 from Capital Projects 5-805, 6-093, and 6-559 to Capital Projects"Laskin Road Water Improvements Phase I"and "Laskin Road Sewer Improvements Phase I" K. PLANNING 1. DAM NECK STORAGE PARTNERS,LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re vehicular access and storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE(Deferred from November 20, 2018) RECOMMENDATION: APPROVAL 2. BMVS,LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3 —ROSE HALL (Deferred from November 20,2018) RECOMMENDATION: APPROVAL 3. COLUMBUS 4692 ASSOCIATES,L.L.C. for a Street Closure re an unimproved portion of Potomac Street at the West side of Independence Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. DORIE E. MILFORD & A. CHRISTINE CARROLL/JOAN LEE for a Change of Nonconformity re two (2) dwelling units at 4201 Ocean Front Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. POTTER PROPERTIES GROUP,LLC for a Modification of Conditions re farm stand and ADA compliant restrooms at 1065 First Colonial Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. LITTLE WARRIORS CHRISTIAN ACADEMY/ST. FRANCIS EPISCOPAL CHURCH for a Conditional Use Permit re child care center within a religious use and a Modification of Conditions re religious use at 509 South Rosemont Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. CHUA BA THIEN HAU/MISS SAIGON PROPERTIES,LLC for a Conditional Use Permit re religious use at 437 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. EVERLASTING LOOKS,LLC/BELLA M. HANSON for a Conditional Use Permit re tattoo parlor at 4640 Haygood Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. THIN BREW LINE BREWING CO./OCEANA CROSSINGS, LLC for Conditional Use Permits re craft brewery and open-air market at 1375 Oceana Boulevard DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 10. PI TOWER DEVELOPMENT,LLC/R. SHANE EARLY & MERLE W. EARLY for a Conditional Use Permit re communication tower at 5238 Challedon Drive DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAI. 11. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 201 re permits for fences b. Section 232 re communication towers L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you arc physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 12/06/18 PM MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. LIFEGUARD CONTRACT Chief Edward Brazle, Director—Emergency Medical Services B. NEIGHBORHOOD REVITALIZATION and HOUSING STRATEGY DEVELOPMENT PROCESS Andrew Friedman, Director—Housing and Neighborhood Preservation C. PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE Kevin Jensen, Facilities Design and Construction Manager—Public Works D. QUARTERLY FLOOD CONTROL/STORMWATER PROGRAM UPDATE Phil Pullen, City Engineer E. COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE Alice Kelly, Interim Director—Finance F. DISCUSSION—PINEY GROVE BAPTIST CHURCH City Council G. ATLANTIC AVENUE RECONFIGURATION UPDATE Phil Pullen, City Engineer 11. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Jason Miller Senior Pastor, Providence Mennonite Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 4, 2018 G. MAYOR'S PRESENTATION 1. 1-IUMAN RIGI-ITS DAY AND HUMAN RIGHTS WEEK ria.,.`-ak2.1.1 L \....e. Oe" i firottantation 'Whereat.. 9luman 7t(ghts Day,December 10,2018 mars the 70''t anniversary of the'United Nations centralylssemfly's Vniversaf Declaration of2luman ijghts,affirming funelamentalfreedoms and human tights forall'people;and S4herras: Accogution of the inherent dignity and of the equal andi alena6le rights of all members of the human family is the foundation of freedanr,just ire and peace in the world and *Amax The UnitedStates optmerica is a nation fountfrd on the primp&of individual rights and is stiflwor6(ng to fsdly realize the ideals enshrined in its Constitution and of /gilts and Wrtereas: :December 10,2018 commemorates the 25"annual recognition of9luman kuilits Day by'The Virginia Beach 9fuman Bights Commission,a positive advocate for the human rights of Virginia Beach citizens;and WKerear 'We recognize that our re&itionships to one another--person to person,community to community and nation to nation--are defined not by our differences,but 6y our shared6elief in the ideals enshrined in the VniversafDeclaration ofJluman 4tjghts;; and Whereas: The City ofVirginia Beach is committed to championing the rights of all citizens.'We will continue to be an inclusive community in which our citizens and visitors are respected andwelcomed Now,Therefore,I,Btp6en 94. "Bobby,Dyer,.Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim cDecem6er 10, 2018 Muman Rights Day .And December 10—Decem6er 16, 2018 J[uman Vg fits Week In Virginia Beach,,and I encourage all citizens to acquaint themselves with human rights issues,to support human rights advocates,to recognize the good'works performed by human rights heroes,and to"S'tand'United'by participating in this observance. In ifftness iertf,i have hereunto set my hand and caused the Official Seal of the City of'Virginia 'each,'Virginia,to be affcsedthis Tenth(Day ofDecember,Tufo'Thousand andEighteen. ..... :, ._..71..... 7,,,tz..4..ks_.&)....e....„..........„, gtp6en'51.'Bo66y'Dyer -;1r _� 9lfayor H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 220, 216, and 212/214 North Oceana Boulevard b. 1514,1536, and 1540 Indiana Avenue 1. CORRECTIONAL CENTER MASTER CONTROL PPEA PROPOSALS at: http s://www.vbgov.com/government/departments/finance/Pages/purchasi ng.aspx E. `o PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of City- owned property, Tuesday. December 11, 2018 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at: 220 North Oceans Boulevard(GPIN:2417- 05-6295); 216 North Oceana Boulevard (GPIN: 2417-05- 7105);212/214 North Oceans Boulevard (GPIN: 2417-05- 7046); 1514 Indiana Avenue (GPIN: 2417-04-2985); 1536 Indiana Avenue(GPIN:2407-94- 9909) and 1540 Indiana Avenue (GPIN: 2407-94-8956). The purpose of this nearing will be to obtain public input to determine whether these properties should be declared to be in 'excess of the City's needs-. If you are physically disabled or visually libpaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building M2, Room 392, at the Virginia Beach Municipal Center,or call (757)385-4161. �' All interested parties are invited , to attend. VV Amanda Barnes,MMC City Clerk Beacon: December 2,2018 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE EXCESS City Property at 220, 216, and 212/214 North Oceana Boulevard and AUTHORIZE the City Manager to sell to Bishard Homes, LLC 2. Ordinance to DECLARE EXCESS City Property at 1514, 1536, and 1540 Indiana Avenue and AUTHORIZE the City Manager to sell to THSB, LLC 3. Ordinance to AMEND City Code Sections: a. 12-2 re liability for expenses incurred fighting certain fires b. 17-5, 23-21, 23-32, and 23-34 re larceny c. 5-103 and 5-104 re creation of the animal control unit advisory board 4. Resolution to DIRECT the City Manager to NOT RECONFIGURE Atlantic Avenue near 40`h Street (Requested by Council Members Abbott and Moss) 5. Ordinance to AUTHORIZE $140,000 payment from the "Next Generation Network" CIP to the Virginia Beach Development Authority (VBDA) re internet connectivity and economic development 6. Ordinance to APPROPRIATE $445,000 from the Tourism Advertising Program Special Revenue Fund to the FY2018-19 Convention and Visitors Bureau Operating Budget re advertising and marketing efforts 7. Ordinance to ACCEPT and APPROPRIATE $12,000 from the U.S. Department of Homeland Security to the FY2018-19 Fire Department Operating Budget re purchase hazmat team equipment 8. Ordinance to TRANSFER $1,732,024 from Capital Projects 2-107, 2-149, 2-168, and 2-176 to Capital Project "Laskin Road Phase I-A" and TRANSFER $1,619,398 from Capital Projects 5-805, 6-093, and 6-559 to Capital Projects"Laskin Road Water Improvements Phase I" and "Laskin Road Sewer Improvements Phase I" • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 220 North Oceana Boulevard (GPIN: 2417-05-6295); 216 North Oceana Boulevard (GPIN: 2417-05-7105); and 212/214 North Oceana Boulevard (GPIN: 2417-05-7046) to be in excess of the City's needs and authorizing the City Manager to sell same to Bishard Homes, LLC. MEETING DATE: December 11, 2018 ■ Background: The City acquired 220 North Oceana Boulevard; 216 North Oceana Boulevard and 212/214 North Oceana Boulevard (collectively, the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with a fourplex, and two duplexes, respectively. The improvements on the Properties have been demolished or are slated for demolition. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep these Properties improved with residential uses, as they are in the interior of a stable residential neighborhood (Oceana Gardens). The Properties were assembled into two (2) potential building sites. The limited replacement of some residential use will preserve the integrity and stability of the residential neighborhood. At the same time, density is being reduced from 8 actual units to only 2 single-family homes permitted for development on the proposed building sites. A total of 6 dwelling units will be permanently removed from APZ-1. A Request for Proposal ("RFP") for the building sites was advertised for two consecutive Sundays in The Virginian-Pilot, on the City of Virginia Beach website, social media platforms, and signage on the Properties. After evaluating the RFP responses, Bishard Homes, LLC was selected to purchase and develop both building sites because they were the highest bidder. ■ Considerations: Bishard Homes, LLC. is interested in purchasing the Properties for the development of 2 single-family homes. The proposed total purchase price for both building sites is $195,000. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request. • Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $195,000 will be received, and fifty percent (50%) of the amount will be will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval Submitting De• .rtm- - :gency: Public Works/Real Estate City Manager: 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 220 NORTH OCEANA BOULEVARD 3 (GPIN: 2417-05-6295); 216 NORTH OCEANA 4 BOULEVARD (GPIN: 2417-05-7105); AND 212/214 5 NORTH OCEANA BOULEVARD (GPIN: 2417-05- 6 7046) TO BE IN EXCESS OF THE CITY'S NEEDS 7 AND AUTHORIZING THE CITY MANAGER TO SELL 8 SAME TO BISHARD HOMES, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 220 North Oceana Boulevard; 216 North Oceana 12 Boulevard and 212/214 North Oceana Boulevard (collectively, the "Properties"), more 13 particularly described on Exhibit "A" attached hereto and made a part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with multiple residential uses, which have since been 24 demolished; 25 26 WHEREAS, City Council has elected to allow the reconstruction of two (2) 27 single-family homes on the Properties in order to maintain the integrity of the 28 neighborhood; 29 30 WHEREAS, a Request for Proposal ("REP") was advertised for the 31 potential sale of the Properties; 32 33 WHEREAS, Bishard Homes, LLC ("Bishard Homes") was one of the 34 respondents to the RFP; 35 36 WHEREAS, the APZ-1 Disposition Committee has recommended that the 37 City Council declare the Properties to be in excess of the City's needs and sell the 38 Properties to Bishard Homes; 39 40 WHEREAS, Bishard Homes will build two (2) new single-family homes on 41 the Properties to prescribed standards acceptable to the City, including elevated noise 42 attenuation and design criteria, and Bishard Homes will thereafter convey the homes 43 constructed on the improved Properties to owner-occupants; 44 45 WHEREAS, Bishard Homes will purchase the Properties in accordance 46 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 47 48 WHEREAS, the City Council is of the opinion that the Properties are in 49 excess of the needs of the City of Virginia Beach. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, VIRGINIA: 53 54 That the Properties are hereby declared to be in excess of the needs of 55 the City of Virginia Beach and that the City Manager is hereby authorized to execute 56 any documents necessary to convey the Properties to Bishard Homes in accordance 57 with the Summary of Terms attached hereto as Exhibit "B" and such other terms, 58 conditions or modifications as may be acceptable to the City Manager and in a form 59 deemed satisfactory by the City Attorney. 60 61 Further, that the revenue from the sale of the Properties in the total 62 amount of $195,000 shall be received, and fifty percent (50%) of this amount shall be 63 deposited for appropriation in future Capital Improvement Program capital budgets in 64 Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and 65 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 66 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 67 agreement. 68 69 This Ordinance shall be effective from the date of its adoption. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the 72 day of , 2018. CA14413 R-1 11/1/18 ' s VED S TO = ENT APPROVED AS TO CON, NT /Pi ifF. Arn, .‘ Public '► or s Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic EXHIBIT A LEGAL DESCRIPTIONS SINGLE-FAMILY DWELLING BUILDING SITE ONE: • 220 AND NORTHERN 1/2 OF 216 NORTH OCEANA BOULEVARD (GPINS: 2417-05-6295 AND NORTHERN 1/2 OF 2417-05-7105) • GPIN: 2417-05-6295 (220 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "NOW OR FORMERLY AMY A. WIGHT INST. NO. 20160418000314160 (WILL) D.B. 3574, PG. 1539 M.B. 54 PG. 45 GPIN: 2417-05-6295," and further designated and described as "GPIN: 2417-05-6295 19,881 Sq. Ft. or 0.4564 Ac." as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM AMY A. WIGHT BY THE CITY OF VIRGINIA BEACH FOR OCEANA & ITA CONFORMITY & ACQUISITION II (CIP 9-059.001)" Scale: 1"=25', dated July 21, 2017, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170811000686560, to which reference is made for a more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, as shown on the Location Map attached hereto as Exhibit "A-1". • Northern 1/2 of GPIN: 2417-05-7105 (216 N. Oceana Boulevard) The Northern One-Half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the Southern 100 feet of an unnumbered parcel shown on plat of Bartow Heights, Subdivision of Parcel 41 and 42, Plat of Oceana Gardens, Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45 and being the same property shown on plat entitled "PHYSICAL SURVEY OF SOUTHERN PART OF PARCEL ON PLAT OF BARTOW HEIGHTS SUBDIVISION OF PARCEL 41 AND 42 PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VA FOR ALBERT E. AND SHIRLEY M. SPURGEON", dated May 19, 1967, made by C. A. Bamforth, surveyor, and dully recorded in the Clerk's Office aforesaid attached to deed recorded in Deed Book 1017, at page 289 through 291. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, as shown on Exhibit "A-1". These lot areas are more particularly shown on the Location Map attached hereto as Exhibit "A-1" and made a part hereof, and the legal description may be modified as a part of the resubdivision process. SINGLE-FAMILY DWELLING BUILDING SITE TWO: • 212/214 AND SOUTHERN 1/2 OF 216 NORTH OCEANA BOULEVARD (GPINS: 2417-05-7046 AND SOUTHERN 1/2 OF 2417-05-7105) • GPIN: 2417-05-7046 (212/214 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and being designated and described as "GPIN: 2417-05-7046 18,693 SQ. FT. 0.429 ACRES," as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION(GPIN: 2417-05-7046) BY SHEPHERD ENTERPRISES,LLC," Scale: 1"=20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474340, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, if any. • SOUTHERN 1/2 OF GPIN: 2417-05-7105 (216 N. OCEANA BOULEVARD) The Southern One-Half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the Southern 100 feet of an unnumbered parcel shown on plat of Bartow Heights, Subdivision of Parcel 41 and 42, Plat of Oceana Gardens, Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45 and being the same property shown on plat entitled "PHYSICAL SURVEY OF SOUTHERN PART OF PARCEL ON PLAT OF BARTOW HEIGHTS SUBDIVISION OF PARCEL 41 AND 42 PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VA FOR ALBERT E. AND SHIRLEY M. SPURGEON", dated May 19, 1967, made by C. A. Bamforth, surveyor, and dully recorded in the Clerk's Office aforesaid attached to deed recorded in Deed Book 1017, at page 289 through 291. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process as shown on Exhibit "A-1". These lot areas are more particularly shown on the Location Map attached hereto as Exhibit "A-1", and the legal description may be modified as a part of the resubdivision process. I IT 4. I EXHIBi I I 1 4- 1 I ILI 4,5 CD r` -J Ce NI CV a 1____ _ii I Om W 0:( Ll /— - Iii E Ns L I M 0 I— 1 — 0ci I— r __,_. at MIMI co 1 C NI I Ce 1 r--- Z .--. Cl. 0 Ill CD 1 "' e•- Z Z 0 rs LET i 0 (") ,n-I •J t 0 0 n D 12 E LU :? I 0 5 U 1 x v 0 a i LLI 2 -.. -____ . I 1.- --... a c ...) immummine. .1 ---,-- _ \ 1 ,rj E F _ 4 C 0 L 5, Il W [ U) 0,) _ 11 i 1 — 1— 4-,„.....) ,..........-4.4.-"wow" \. • ••••••••• ••••• • •• •••••••• ••.••.•-•... 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S , 1 i _ , , a EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 220 NORTH OCEANA BOULEVARD (GPIN 2417- 05-6295); 216 NORTH OCEANA BOULEVARD (GPIN 2417-05-7105); AND 212/214 NORTH OCEANA BOULEVARD (GPIN 2417-05-7046) SELLER: City of Virginia Beach PURCHASER: Bishard Homes, LLC, a Virginia limited liability company PROPERTIES: Building Site 1 : 220 N. Oceana Boulevard (GPIN 2417-05-6295) and Northern 1/2 of 216 N. Oceana Boulevard (GPIN 2417- 05-7105) Building Site 2: 212/214 N. Oceana Boulevard (GPIN 2417-05-7046) and Southern 1/2 of 216 N. Oceana Boulevard (GPIN 2417-05- 7105) SALE PRICE: $195,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Seller shall convey the Properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines and establish any necessary right-of-way as determined by the City. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. Vri3 Virginia Beach APPLICANT'S NAME (31shao-d K 6mts, t--1-C 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 Excestion for _ (EDIP) Board of Zoning Encroachment Request Rezoning A. .eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board [Conditional Use Permit) License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 \\\* \t0/ Virginia Beach t( Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. O Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_2!&kai' 40iftleS LL C If an LLC, list all member's names: _I�<<n a r d (fie lie 1Qe ri Coy pora+on vq_ i- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) oh W, - d . VVlctticoy k . ISTD t a r d , a h et_ce i-- (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. O 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 5 113 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 223101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 1/13 Virginia Beach [ ESPROVIDER (use additional sheets[NO SERVICE needed) ❑ Er. Accounting and/or preparer of your tax return n Architect/ Landscape Architect/ Land 0gn/Iijl S64)17orj S Land Planner ��JJ ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ U purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ El Construction Contractors ❑ Engineers /Surveyors/Agents x n ci Survey,. Financing (include current Er ❑ mortgage holders and lenders selected or being considered to a provide financing for acquisition or construction of the property) ❑ Er Legal Services Real Estate Brokers / ❑ Er 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 5 VB Virginia Beach , CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. , ��� SUeh GJ !�i5kard ib�i /2nlg APPLICANT'S GNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE I Page 5 of 5 tsi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1514 Indiana Avenue (GPIN: 2417-04-2985); 1536 Indiana Avenue (GPIN: 2407-94-9909) and 1540 Indiana Avenue (GPIN: 2407-94-8956) to be in excess of the City's needs and authorizing the City Manager to sell same to THSB, LLC. MEETING DATE: December 11, 2018 • Background: The City acquired 1514 Indiana Avenue, 1536 Indiana Avenue, and 1540 Indiana Avenue (collectively, the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with single-family homes and/or duplexes. The improvements on the Properties have been demolished. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep these Properties improved with residential uses, as they are in the interior of a stable residential neighborhood (Oceana Gardens). The Properties were assembled into 2 potential building sites. The limited replacement of some residential use will preserve the integrity and stability of the residential neighborhoods. At the same time, density is being reduced from six (6) potential units and five (5) developed units to only two (2) single-family homes permitted for development on the proposed building sites. Three (3) dwelling units will be rolled back from the APZ-1 inventory. A Request for Proposals (the "RFP") for the building sites was advertised for two consecutive Sundays in The Virginian-Pilot, on the City of Virginia Beach website, social media platforms, and signage on the Properties. After evaluating the RFP responses, THSB, LLC, a non-profit organization that teaches Virginia Beach high school students how to build houses, ("THSB") was selected to purchase and develop both building sites. Although THSB was not the highest bidder, a significant public interest is met by providing Virginia Beach students the opportunity to learn the construction trade with hands-on experience, which in turn develops the future work force. Further, THSB has agreed to pay additional funds once the houses are built and sold. THSB has agreed to execute certain security instruments that will be recorded as a lien on the Properties to ensure the remainder of the consideration is paid. • Considerations: THSB is interested in purchasing the Properties for the development of 2 single- family homes. The total proposed purchase price for the 2 building sites is $109,000 ($50,000 and $59,000), with an initial payment of $29,000 at closing, and the remaining $80,000 upon resale after construction. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request. • Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $109,000 will be received and fifty percent (50%) of the amount will be will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. The funds will be received in two (or more) phases: 1 ) Upon closing, THSB will pay the City $29,000; and 2) At such time as each of the houses are constructed and subsequently sold, THSB shall pay an additional $40,000 per sale from their proceeds. • Attachments: Ordinance, Summary of Terms, Location Maps, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Dep. ent/Agency: Public Works/Real Estate cpC City Manager: 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1514 INDIANA AVENUE (GPIN: 2417- 3 04-2985); 1536 INDIANA AVENUE (GPIN: 2407-94- 4 9909); AND 1540 INDIANA AVENUE (GPIN: 2407- 5 94-8956) TO BE IN EXCESS OF THE CITY'S 6 NEEDS AND AUTHORIZING THE CITY MANAGER 7 TO SELL SAME TO THSB, LLC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located at 1514 Indiana Avenue; 1536 Indiana Avenue; and 1540 11 Indiana Avenue, (collectively, the "Properties"), more particularly described on Exhibit 12 "A" attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Properties pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Properties through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Properties are in the midst of other residences and at the 22 time of acquisition were improved with residential duplexes and/or single-family 23 dwellings, which have since been demolished; 24 25 WHEREAS, City Council has elected to allow the reconstruction of two (2) 26 single-family homes on the Properties in order to maintain the integrity of the 27 neighborhood; 28 29 WHEREAS, a Request for Proposal ("RFP") was advertised for the 30 potential sale of the Properties; 31 32 WHEREAS, THSB, LLC ("THSB"), a non-profit organization that teaches 33 high school students how to build houses, was one of the respondents to the RFP; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that the 36 City Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to THSB; 38 39 WHEREAS, THSB will build two (2) new single-family homes on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and THSB will thereafter convey the two (2) homes 42 constructed on the improved Properties to owner-occupants; 43 44 WHEREAS, THSB will purchase the Properties in accordance with the 45 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties are hereby declared to be in excess of the needs of 54 the City of Virginia Beach and that the City Manager is hereby authorized to execute 55 any documents necessary to convey the Properties to THSB in accordance with the 56 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 57 modifications as may be acceptable to the City Manager and in a form deemed 58 satisfactory by the City Attorney. 59 60 Further, that the revenue from the sale of the Properties in the total 61 amount of $109,000 shall be received, and fifty percent (50%) of this amount shall be 62 deposited for appropriation in future Capital Improvement Program capital budgets in 63 Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and 64 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 65 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 66 agreement. The funds shall be received in two phases: 1) $29,000 at the time the 67 Properties are transferred from the City to THSB; and 2) $80,000 at the time the 68 Properties are transferred from THSB to owner-occupants. 69 70 This Ordinance shall be effective from the date of its adoption. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 day of , 2018. CA14414 R-1 11/16/18 AP' ' e E s TO T NT APPROVED AS TO CONT 441cu , e. ' Public W . ks Budget & Management Service APPROVED AS TO LEGAL SUFFICIENCY ki2C-e(Le6 City Attorney's ffice EXHIBIT A LEGAL DESCRIPTIONS Single Family Dwelling Building Site 1: 1514 Indiana Avenue (GPIN: 2417-04-2985) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, being in the City of Virginia Beach and being known, numbered and designated as Lots F & G on that certain plat entitled "Property of Laura H. Boush, a part of Blocks 18 and 19, Oceana Gardens", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Single-Family Dwelling Building Site 2: 1536 Indiana Avenue and 1540 Indiana Avenue (GPINs: 2407-94-9909 and 2407-94- 8956) • GPIN: 2407-94-9909 (1536 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot A, as shown on that certain plat entitled "RESUBDIVISION OF THE SOUTHERN 125' OF LOTS 9&10, BLOCK 9, OCEANA GARDENS", which said plat is being dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 213, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. • GPIN: 2407-94-8956 (1540 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 8B (erroneously referred to as Lot 8 in prior Deed), as shown on that certain plat entitled, "RESUBDIVISION OF LOT 8, BLOCK 9, PLAT OF OCEANA GARDENS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 128, at page 3, reference to which plat is hereby made for more particular description of said lot. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1514 INDIANA AVENUE; 1536 INDIANA AVENUE AND 1540 INDIANA AVENUE. SELLER: City of Virginia Beach PURCHASER: THSB, LLC, a Virginia limited liability company PROPERTIES: Building Site 1 : 1514 Indiana Avenue (GPIN 2417-04-2985) Building Site 2: 1536 Indiana Avenue (GPIN 2407-94-9909) 1540 Indiana Avenue (GPIN 2407-94-8956) SALE PRICE: $109,000 in two phases: 1) THSB shall pay the City $29,000 at the time the Properties are transferred from the City to THSB; and 2) At such time as the houses are constructed and subsequently sold, THSB shall pay an additional $80,000 from their proceeds. CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Seller shall convey the Properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer shall execute a Promissory Note and Deed of Trust for each building site for the portions of sales proceeds to be paid after construction and upon sale to an owner-occupant. W 1 J l + o cn -� NJll3SO J r .'1 oIg i I o I WW N o 0 _ a a W Wm 1 Q zoaz = o ❑ 0 1-- I- o u, U W F I J O -t 11 ll 1H wo Uolf) sr cn J W x m 1 W 0 > wo N131 GIW I a .4- 12 f a °' i 4. CL Z Z I co co)li (' O ' W 6) 11 l IL I I L li = co J . . _ F o __ I Z �n > °Q ,U.1 ch r L.-1 0 a � 1o � a � r IJx 1J Lu N Q z z D L-1 O ._- 0 O. - r0 I _ �� — I I tI - 00 27 I m c � � L 1i -p m a'cc ni = N.. •iRUNE.CKRDS J - cn __.-__ O C CD CD > i orrfe1-1 ami o y N cc a `7i Q ° Za N L Nl 1S3M = °a N 11.L W — m V Za 3 g) 0 C C' z +CAD 3 a) a, LL Co a W W N .I m2Wm Za > cn ---------------\ O } OLT H o � ~ (� o On18 VN\GOO N O N o0 0 —i w O W 0 r w Q o --- 0 W z D in O w m N Q Tr (- Q O Z w Q Z; — l 0 N � Q Z Z Z — Ni NN�l13SO i T" Q ' in,— z> Q CC 0 Ll I Z ____i .__...: . L 0 m c N1 T1QaIW -° g : ' �lis; n c Al (Ts C > 5 (.): °ceANAB�vD0 a CD as N mi U) d Ilk CT) 2, 0 0 0 N Cr) o d Z 13 d Ili � a It--- :15m 4 Q — ( U Z GREpT NECK RD J c 1 \fi3 Virginia Beach APPLICANT'S NAME -1-1-1c _BI ( �C DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. — �� SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of S Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: ▪ REVISIONS SUBMITTED DATE: F Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Er Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:----nAsS 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) Cp.i c. c-VI C Pi b1► C & (s cG aNn Gu raQ a.(1 , 2 c. (E F N 54-- /63 (o1-13) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 is NB kg 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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 • Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 0- ❑ Accounting and/or preparer of your tax return Er ❑ Architect / Landscape Architect / C -0}l 50 n�'1 Land Planner Contract Purchaser (if other than ❑ Er the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I1� purchaser of the subject property (identify purchaser(s) and purchaser's service providers) [✓� Construction Contractors rr s ❑ �✓ Engineers / Surveyors/ Agents Financing (include current 0- iBos ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition / or construction of the property) �� l'�J ❑ Legal Services Real Estate Brokers / � f�� kr ElCD\ci� Agents/Realtors for current and 6 �, tQf), anticipated future sales of the Pe.DccS`sicmcQ C Olf-/XS 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 �Q, interest? s ,22`, PVR t / "c' Q2, r � Ot2C �T AKe�I SCUM boat M Okbet ;� - '3e ac h CAkli P �► � is ti-cm - f\dOY1 Inc . Page 4 of 5 E 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. — Rout C ov,-c r\o t\t\ 1 t' 41`b APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of 5 Virginia Beach Education Foundation Board Members, as of 11/21/18 Nelson Adcock Beverly Anderson Tony Arnold John Barringer Sandy Bowie Ray Breeden Robert Broermann Alice Catherman Casey Conger Charlie Cortellini Monica Curry Daniel Edwards Chris Ettel Tim Faulkner Joe Flanagan Janene Gorham Debi Gray Debbie Griffey Duane Narver Steve Harwood Kevin Hill Patti Jenkins Bill Kamarek John Langlois Mike Loflin Joe Lovas George MacDonald Sheila Magula Frank Malbon John Mazach Jim Miller Will Morales Debbie Nadiran Lisa O'Donnell Tony Pirrone Harry Purkey Janene Purrington Amber Rach Laura Riley Mike Ross Neil Rose Patsy Slaughter Danny Speight Aaron Spence Emilie Tilley Sterling White Ned Williams lU, 1 S '� y CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Section 12-2 of the City Code Pertaining to Liability for Expenses Incurred in Fighting Certain Fires MEETING DATE: December 11, 2018 • Background: City Code § 12-2 sets forth circumstances under which the City may recover expenses for fighting certain fires based upon the authority of Virginia Code § 18.2-88. These amendments update the City Code to accurately conform to the current language set forth in § 18.2-88. • Considerations: This ordinance serves to amend the City Code section so that it correctly mirrors the applicable Virginia Code section. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depart ent/ • gency: Fire- City Manage : � :`-� 1 AN ORDINANCE TO AMEND SECTION 12-2 2 OF THE CITY CODE PERTAINING TO 3 LIABILITY FOR EXPENSES INCURRED IN 4 FIGHTING CERTAIN FIRES 5 6 SECTION AMENDED: § 12-2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 12-2. - Liability for expenses incurred in fighting certain fires. 15 Any person who negligently, carelessly or intentionally, -e . . '-e -_ e-. : - .- - 16 . -e : --_ - ':- - • - - • - -- e-, starts a sets any woods or marshes on fire whish 17 . . - e - -,e . - - •e e - - - _ e . _ • _ ::- - _ - or sets fire to 18 any stubble, brush, straw, or any other substance capable of spreading fire on lands, 19 whereby the property of another is damaged or jeopardized, shall be guilty of a Class 4 20 misdemeanor, •- -::• •: • e . e •- - *-- se _ e -- e _ _ _ •' __ _ 21 _ _ _ -- e :'-- -. _ .' , and shall be liable for the full amount of all expenses 22 incurred min fighting or extinguishing such fire. 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: ♦ / 1 IAI,ll,/ I Fire Depart rit City a orney,s Office e CA14587 R-1 November 29, 2018 i:tom ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 17-5, 23-21, 23-32, and 23-34 of the City Code Pertaining to Larceny MEETING DATE: December 11, 2018 • Background: City Code §§ 17-5, 23-21, 23-32, and 23-34 set forth various criminal misdemeanor larceny offenses which mirror Virginia Code §§ 42.1-73, 18.2-96, 18.2-103, and 18.2-88, respectively. In 2018, the General Assembly raised the threshold amount to support the felony offense of Grand Larceny and related offenses from $200 to $500. These amendments update the City Code to conform with the recent amendments to the state code, raising the dollar limit for misdemeanor larceny offenses from $200 to $500. • Considerations: This ordinance serves to amend the City Code sections in order for them to correctly mirror the applicable Virginia Code sections. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dee . rt agency: Police ,yvve,3 j, -e.,, City Manager: I 1 AN ORDINANCE TO AMEND SECTIONS 17- 2 5, 23-31, 23-32 AND 23-34 OF THE CITY 3 CODE PERTAINING TO LARCENY 4 5 SECTIONS AMENDED: §§ 17-5, 23-31, 23-32 6 and 23-34 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 17-5, 23-31, 23-32 and 23-34 of the Code of the City of Virginia 12 Beach, Virginia, are hereby amended and reordained to read as follows: 13 14 Sec. 17-5. - Concealment of book or other property while on premises of library; 15 removal of book or other property from library. 16 Whoever, without authority, with the intention of converting to his own or another's 17 use, willfully conceals a book or other property valued at less than two-five hundred 18 dollars ($200.00$500.00) from any public library or any of its branches, mobile units or 19 collections, while still on the premises of such library or facility, or willfully or without 20 authority removes any book or other property valued at less than two five hundred 21 dollars ($200.00$500.00) from any of the above libraries, facilities, or collections, shall 22 be deemed guilty of petit larceny, which is punishable as set forth in City Code section 23 23-31. Proof of the willful concealment of such book or other library property while still 24 on the premises of such library or facility shall be prima facie evidence of intent to 25 commit larceny. 26 27 . . . . 28 29 Sec. 23-31. - Petit larceny. 30 (a) Any person who: 31 (1) Commits larceny from the person of another of money or other thing of value of 32 less than five dollars ($5.00), or 33 (2) Commits simple larceny not from the person of another of goods and chattels of 34 the value of less than two-five hundred dollars ($20000$500.00) shall be 35 deemed guilty of petit larceny, which shall be punishable as a Class 1 36 misdemeanor. Upon a second conviction of petit larceny, the court shall order 37 participation in a local alcohol safety action program or substance abuse 38 screening in accordance with the provisions of section 19.2-299.2 of the Code 39 of Virginia. 40 (b) Any person convicted of an offense under this section, when it is alleged in the 41 warrant or information on which such person is convicted, and admitted, or found by the 42 jury or judge before whom such person is tried, that such person has been before 43 sentenced in the United States for any offense deemed to be larceny by the law of the 44 sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor more 45 than twelve (12) months. 46 47 Sec. 23-32. - Shoplifting. 48 (a) Whoever, without authority, with the intention of converting goods or merchandise 49 to his own or another's use without having paid the full purchase price thereof, or of 50 defrauding the owner of the value of the goods or merchandise: 51 (1) Willfully conceals or takes possession of the goods or merchandise of any store 52 or other mercantile establishment, or 53 (2) Alters the price tag or other price marking on such goods or merchandise, or 54 transfers the goods from one container to another, or 55 (3) Counsels, assists, aids or abets another in the performance of any of the above 56 acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be 57 punished as hereinafter provided. The willful concealment of goods or 58 merchandise of any store or other mercantile establishment, while still on the 59 premises thereof, shall be prima facie evidence of an intent to convert and 60 defraud the owner thereof out of the value of the goods or merchandise. 61 (b) Any person convicted for the first time of an offense under this section, when the 62 value of the goods or merchandise involved in the offense is less than two-five hundred 63 dollars ($200-00$500.00), shall be punished as for a Class 1 misdemeanor. 64 (c) Any person convicted of an offense under this section, when the value of the 65 goods or merchandise involved in the offense is less than two—five hundred dollars 66 ($200.00$500.00), and it is alleged in the warrant or information on which such person 67 is convicted, and admitted, or found by the jury or judge before whom such person is 68 tried, that such person has been before convicted in the Commonwealth of Virginia for a 69 like offense, regardless of the value of the goods or merchandise involved in the prior 70 conviction, or for a violation of section 18.2-95 or section 18.2-96 of the Code of Virginia 71 or section 23-31 of this Code, shall be confined in jail not less than thirty (30) days nor 72 more than twelve (12) months. 73 (d) Any person who has been convicted of violating the provisions of this section shall 74 be civilly liable to the owner for the retail value of any goods and merchandise illegally 75 converted and not recovered by the owner, and for all costs incurred in prosecuting 76 such person under the provisions of this section. Such costs shall be limited to actual 77 expenses, including the base wage of one employee acting as a witness for the 78 prosecution, and suit costs. The total amount of allowable costs granted hereunder shall 79 not exceed two hundred fifty dollars ($250.00), excluding the retail value of the goods 80 and merchandise. 81 (e) A merchant, agent or employee of the merchant, who causes the arrest of any 82 person pursuant to the provisions of this section shall not be held civilly liable for 83 unlawful detention, if such detention does not exceed one hour, slander, malicious 84 prosecution, false imprisonment, false arrest or assault and battery of the person so 85 arrested, whether such arrest takes place on the premises of the merchant or after 86 close pursuit from such premises by such merchant, or the merchant's agent or 87 employee; provided that, in causing the arrest of such person, the merchant, agent or 88 employee of the merchant, had, at the time of such arrest, probable cause to believe 89 that the person had shoplifted or committed willful concealment of goods or 90 merchandise. For the purposes of this subsection, "agents of the merchant" shall 91 include attendants at any parking lot owned or leased by the merchant, or generally 92 used by customers of the merchant through any contract or agreement between the 93 owner of the parking lot and the merchant. 94 95 . . . . 96 97 Sec. 23-34. - Defrauding hotels, motels, campgrounds, etc. 98 (a) It shall be unlawful for any person, without paying therefor, and with the intent to 99 cheat or defraud the owner or keeper to: 100 (1) Put up at a hotel, motel, campground or boardinghouse; 101 (2) Obtain food from a restaurant or other eating house; 102 (3) Gain entrance to an amusement park; or 103 (4) Without having an express agreement for credit, procure food, entertainment 104 or accommodation from any hotel, motel, campground, boardinghouse, 105 restaurant or eating house. 106 It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper 107 out of the pay therefor, to obtain credit at a hotel, motel, campground, boardinghouse, 108 restaurant or eating house for food, entertainment or accommodations by means of any 109 false show of baggage or effects brought thereto. 110 It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a 111 hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park 112 for food, entertainment or accommodations through any misrepresentation or false 113 statement. 114 It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to 115 be removed any baggage or effects from a hotel, motel, campground, boardinghouse, 116 restaurant or eating house while there is a lien existing thereon for the proper charges 117 due from him for fare and board furnished. 118 (b) This section shall apply only if the value of the service, credit or benefit procured or 119 obtained is less than two-five hundred dollars ($200.00$500.00). 120 (c) Any person who violates any provision of this section shall be guilty of a Class 1 121 misdemeanor. 122 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: row Police Department City A rney's Office( CA14588 R-1 November 29, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 5-103 and 5-104 to the City Code Pertaining to the Creation of the Animal Control Unit Advisory Board MEETING DATE: December 11, 2018 • Background: The City Council-appointed Animal Control Unit Advisory Board was created in 2011 to advise City Council on matters related to animal care and control activities. In order to increase the effectiveness of the Board, this ordinance amends City Code § 5-103 to require that the Animal Control Unit Advisory Board meet on a quarterly basis to provide advice to help sustain and advocate for the operation of the City's Adoption-Friendly Animal Care and Adoption Center. This ordinance also amends City Code § 5-104 to increase the number of voting members of the Board from nine to ten and also amends the make-up of the voting members of the Board to consist of two representatives from the Virginia Beach Society for the Prevention of Cruelty to Animals (VBSPCA); two representatives from the external veterinary community; five interested citizens who are not affiliated with any animal welfare groups; and an employee of the Virginia Beach Health Department. The Animal Care and Adoption Center Shelter Manager, the Animal Control Enforcement Unit Lieutenant, and the Adoption Center Veterinarian will continue to serve as non- voting, ex officio members along with two nonvoting City Council liaisons. • Considerations: The basis for the amendments to the make-up of the voting members of the Board is to seek more input and involvement from community members. The two positions previously allocated to the Friends of Virginia Beach Animal Control have been re-allocated to interested citizens as the Animal Care and Adoption Center has discontinued its relationship with that organization. These amendments have been discussed with, and are supported by, the current membership of the Board. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Recommended Action: Approval Submitting Dep • gency: Police ik City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 5-103 AND 5-104 2 OF THE CITY CODE PERTAINING TO THE VIRGINIA 3 BEACH ANIMAL CONTROL UNIT ADVISORY BOARD 4 5 Sections Amended: City Code §§ 5-103 AND 5-104 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 5-103 and 5-104 of the City Code are hereby amended to read as 11 follows: 12 13 Sec. 5-103. - Animal control unit advisory board. 14 15 (a) The Virginia Beach Animal Control Unit Advisory Board ("advisory board"') shall 16 serve as an advisory board to the Virginia Beach Police Department and shall be 17 vested with the following duties and functions. The committee shall serve as a 18 group of interested community members who will regularly meet on a quarterly 19 basis to provide advice to help sustain and advocate for the operation of the city's 20 Adoption-Friendly Animal Care and Adoption Center ("adoption center") and the 21 animal control unit's enforcement efforts so as to best serve the community. 22 23 (b) The advisory board shall support the city's animal adoption, animal enforcement 24 and animal sheltering functions and shall enhance the city's relationship with animal 25 care professionals, animal advocacy groups and community members. The 26 advisory board shall provide vision and leadership recommendations to the police 27 department in order to meet the city's present and future animal care needs. 28 29 Sec. 5-104. - Membership. 30 31 The advisory board shall consist of nine (9) ten (10) voting members and three (3) 32 nonvoting members, plus two (2) nonvoting city council liaisons. The members shall be 33 appointed by the police department. The nine (9) ten (10) voting members shall consist 34 of: two (2) Virginia Beach SPCA ("VBSPCA") representatives; two (2) Friends of Virginia 35 Beach Animal Control ("the Friends"); two (2) representatives from the external 36 veterinary community; two-{2) five (5) interested citizens who are not affiliated with any 37 of the above groups animal welfare groups, and a representative of the Virginia Beach 38 Health Department. When requested in order to fill a VBSPCA vacancy on the advisory 39 Board, the VBSPCA Director, the officers of th- •-•e , - -e -- --- • - . ••: e• '=-ds 40 Veterinary-Medical Association shall each submit a list of at least four (4) nominees for 41 appointment by the police department as the representatives of their respective 42 organizations and a selection will be made by the chief of police or his designee. Any of 43 the persons nominated must be current members in good standing of the organizations 44 ominated. When a vacancy exists for a member of the external 45 veterinary community or an interested citizen member, a search will be conducted via 46 public outlet to seek interested persons who are in good community standing. 47 Selections will be made by the chief of police or his designee. The adoption center 48 manager, the animal enforcement unit lieutenant and the adoption center veterinarian 49 shall be the three (3) nonvoting members and shall be permanent members of the 50 advisory board. All voting members shall be residents of the City of Virginia Beach and 51 shall be appointed to three-year terms and subject to a term limit of three (3) 52 consecutive three-year terms. 53 54 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7:o dice it Ill' ' 1 ce Department City( orney's 0 ice CA14555 R-2 November 28, 2018 14244 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Not Reconfigure Atlantic Avenue Near 40th Street MEETING DATE: December 11, 2018 • Background: The developer of the Cavalier Hotel property desires to reconfigure Atlantic Avenue from 40th Street to Pacific Avenue to remove the Atlantic Avenue and Pacific Avenue intersection and create a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property. The City Council previously approved funds for the reconfiguration design, and the City completed the 90% design, which the developer has now incorporated into its site plan with their engineer's adaptions and submitted to the City's Development Services Center division for site-plan review and approval. ■ Considerations: It is the sense of the City Council that this change to Atlantic Avenue would not be in the best interests of the City or its residents. This resolution directs the City Manager to not reconfigure Atlantic Avenue near 40th Street but instead to retain Atlantic Avenue as a through street for vehicular traffic to Pacific Avenue. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Abbott and Moss REQUESTED BY COUNCILMEMBERS ABBOTT AND MOSS 1 A RESOLUTION DIRECTING THE CITY MANAGER TO NOT 2 RECONFIGURE ATLANTIC AVENUE NEAR 40TH STREET 3 WHEREAS, the developer of the Cavalier Hotel property desires to reconfigure 4 Atlantic Avenue from 40th Street to Pacific Avenue to remove the Atlantic Avenue and 5 Pacific Avenue intersection and create a cul-de-sac of Atlantic Avenue at the Cavalier 6 Hotel property; 7 8 WHEREAS, the City Council previously approved funds for the reconfiguration 9 design, and the City completed the 90% design, which the developer has now 10 incorporated into its site plan with their engineer's adaptions and submitted to the City's 11 Development Services Center division for site-plan review and approval; 12 13 WHEREAS, it is the sense of the City Council that this change to Atlantic Avenue 14 would not be in the best interests of the City or its residents. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 That City Council hereby directs the City Manager to not reconfigure Atlantic 20 Avenue near 40th Street but instead to retain Atlantic Avenue as a through street for 21 vehicular traffic to Pacific Avenue. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 24 of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney erick R. Ingram City Attorney's Office CA14589 R-2 December 5, 2018 .v6Ga� 4i" � (.......... . G v ..._.„., ,,,,,,„...„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Payment of $140,000 to the City of Virginia Beach Development Authority in Support of Internet Connectivity and Economic Development MEETING DATE: December 11 , 2018 • Background: The City of Virginia Beach Development Authority ("VBDA") was authorized by the General Assembly in 1964 to "foster and stimulate the development of industry in the area within its jurisdiction." (1964 Acts of Assembly c. 643). The recent development of high-speed transatlantic submarine cables has opened a new frontier for economic development, including substantial capital investment and well-paying employment. In furtherance of such initiative, the Council has previously authorized a special tax classification and low tax rate for personal property in a data center. Now that two of the high-speed transatlantic submarine cables have landed on the shores of Virginia Beach, the next critical piece is to build infrastructure that will enable local access to the cables, so that they do not just "pass through" Virginia Beach on the way to high-density data center locations such as Ashburn, Virginia. Globalinx Data Center LLC ("Globalinx") has been working with the City through its Department of Economic Development on a project to install an 864-fiber connection from the Telxius Submarine Cable Landing Station to the carrier-neutral fiber hotel facility owned by Globalinx, both located in the Corporate Landing Business Park. In furtherance of such efforts, Globalinx has requested a grant of $140,000 from the VBDA. • Considerations: The connection of high-speed transatlantic submarine cables to the Corporate Landing Business Park will benefit citizens as well as local businesses, in that it will provide for increased options to connect to high-speed internet and spur economic development. The City has identified a funding source for the requested $140,000 in the City's Capital Budget using funds previously appropriated for the development of the Next Generation Network, CIP 3-664. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance; Disclosure Form Recommended Action: Approval Submitting D- . :rtment/Agency: Information Technology / Economic Developmentt' City Manager ,1% 1 AN ORDINANCE TO AUTHORIZE PAYMENT OF 2 $140,000 TO THE CITY OF VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY IN SUPPORT OF 4 INTERNET CONNECTIVITY AND ECONOMIC 5 DEVELOPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 A payment of $140,000 from the City, originating from CIP # 3-664, "Next 11 Generation Network," to the City of Virginia Beach Development Authority is hereby 12 authorized for the purpose of providing a grant in support of Internet connectivity and 13 economic development. 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: 1 Budget and Management Se ices City Attorney's Office CA14586 R-2 December 3, 2018 Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: ▪ RFVISIONS SUBMITTED DATE: Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Globalinx Data Center LLC If an LLC, list all member's names: Gregory W Twitt 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) Landing888 LLC See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS 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 wpm 71/41B k 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 APPLICANT Virginia Beach'' r YES NO J SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors XEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / ri 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 iVoo 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. Greg Twitt Nov 7th 20 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 S �l z s{ is :i d 4-1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $445,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2018-19 Operating Budget of the Convention and Visitors Bureau for Advertising and Marketing Efforts MEETING DATE: December 11, 2018 • Background: In August, 1995, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the TAP Fund for the City's travel and tourism advertising programs. This fund collects revenues dedicated from one percent of the percentage-based portion of the transient occupancy tax, one-half percent of the meals tax, and a flat lodging tax of one dollar per night. Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing programs to promote and increase tourism, conventions and amateur sports competition visitation to the City. These programs include the operation and maintenance of the visitor information centers and additional regional and national advertising for the City with increased emphasis on marketing through the City's website, www.visitvirqiniabeach.com, and a variety of electronic media. • Considerations: At the close of FY 2017-18, the TAP Fund had an un-appropriated fund balance of $595,004. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period and accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. After review of the available fund balance, CVB requests the appropriation of$445,000 from the fund balance for the following marketing purposes which will result in additional tax revenue for the City: 1 . Increase investment in additional sports marketing advertising to promote the new Virginia Beach Sports Center within Sports Travel Magazine, Connect Sports Magazine, Sports Events Magazine, Sports Business Journal, Sports Destination Management Magazine and a targeted National Association of Sports Commissions web/email marketing campaign ($100,000); 2. Replace or secure visual assets developed by former agency of record BCF for past campaign work which includes expired model talent usage rights and music rights in order to avoid future lofty renewal fees ($100,000); 3. Invest in new culinary, heritage, arts and entertainment, craft beer/distillery digital asset development to support new warm weather 2019 targeted lifestyle brand campaign ($75,000); and 4. Invest in new advertising creative development & production (print ads, digital ads and commercials) for the following: a. Meetings & Conventions ($30,000) b. Canadian marketing efforts ($25,000) c. Group Tour & Travel ($50,000) d. LGBT Travel ($25,000) e. Tourism advocacy campaign ($20,000) f. International (China, Germany, France) marketing efforts ($20,000) If these funds are appropriated, the TAP Fund will have a fund balance of$150,004 to allow for an emergency reserve. • Public Information: Normal Council agenda process. • Recommendation: Adopt the attached budget amendment ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Depart •ency: Convention and Visitors City Manager. .4ri4111P 1 AN ORDINANCE TO APPROPRIATE $445,000 FROM 2 THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2018-19 OPERATING BUDGET OF 5 THE CONVENTION AND VISITORS BUREAU FOR 6 ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $445,000 in the Tourism Advertising Program Special Revenue Fund is 12 hereby appropriated, with specific fund reserve revenue increased accordingly, to the 13 FY 2018-19 Operating Budget of the Convention and Visitors Bureau for advertising and 14 marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic s C. '-' ornia 's Office CA14582 R-1 November 28, 2018 t't $_ t ,, ,,,,:z.....:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U.S. Department of Homeland Security for the Hazmat Team MEETING DATE: December 11, 2018 • Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $12,000 in federal pass-through funding for Hazardous Materials Team. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the cities of Portsmouth, Norfolk, and Chesapeake. The funding will allow the Hazardous Materials Team to purchase equipment necessary to maintain its operational readiness for the response to, and identification of, unknown substances. • Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U.S. Department of Homeland Security's National Preparedness Directorate. The funds provided will be used to purchase hazardous materials suits and communications equipment. No local match is required for this program. The end of the program period is March 31 , 2020. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval I Submitting De• •rt�ment/Agency: Fire Departmen 91 City Manage • ' - ' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE U. S. DEPARTMENT OF 3 HOMELAND SECURITY FOR THE HAZMAT TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$12,000 is hereby accepted and appropriated, with federal revenue increased 9 accordingly, to the FY 2018-19 Operating Budget of the Fire Department for the purchase 10 of equipment for the Hazmat Team. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lov\iJU . ( Budget and Management Sery ces City L tto ey' •ffice CA14581 R-1 November 28, 2018 45 ....'r,.rt. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer $1 ,732,024 from Capital Projects #s 2-107, 2-149, 2- 168, and 2-176 to Capital Project # 2-126, "Laskin Road Phase I-A" and to Transfer $1,619,398 from Capital Projects #s 5-805, 6-093, and 6-559 to Capital Project # 5-207, "Laskin Road Water Improvements Phase I," and Capital Project # 6-075, "Laskin Road Sewer Improvements Phase I" MEETING DATE: December 11, 2018 • Background: CIP # 2-126, "Laskin Road Phase I-A" and CIP # 2-040, "Laskin Road Bridge Replacement" are Virginia Department of Transportation (VDOT) administered projects with a construction advertisement date of January 2019. The projects are the first and second phases of the overall Laskin Road Phase I parent project. These sub-phases include construction of an 8-lane divided highway from Republic Road to Red Robin Road, replacement of the existing bridge on Laskin Road over Linkhorn Bay, and the construction of a 6-lane divided roadway on First Colonial Road from Laurel Lane to 1-264. This latter component of the project also includes full improvements to the intersection at Laskin Road and First Colonial Road. In addition to the construction of the physical roadway, the VDOT Laskin Road projects also involve enhancements related to water and sewer infrastructure. In order to facilitate these upgrades, two projects dedicated to Laskin Road are included within the Water Utility and Sewer Utility sections of the City's Capital Improvement Plan. These two companion Laskin projects are CIP # 5-207, "Laskin Road Water Improvements Phase I," and CIP # 6-075, "Laskin Road Sewer Improvements Phase I." VDOT requires that projects be fully funded prior to construction. VDOT has reported that the combined total project cost for the "Laskin Road Phase I-A" and the "Laskin Road Bridge Replacement" projects, which includes the related water and sewer projects, have increased by a total of $19 million. The City's share of the increase is $9.2 million. The majority of this increase was anticipated and accounted for within the Fiscal Year 2018- 19 Capital Improvement Plan. However, local costs for the Laskin project exceed what is programmed in the CIP by $1,732,024. As required by VDOT, this amount must be allocated in the current year. In addition, since VDOT intends to go to bid in January, the project timeline has accelerated. As a result, construction of the water and sewer components of the overall Laskin Phase I project will now start in 2019, rather than the originally scheduled date of 2020. With the acceleration, the Water and Sewer projects will require a realignment of funds originally intended for Fiscal Year 2020 into the current year. Between the new timeline and revised construction cost estimates due to increased material costs, the Water and Sewer Utility CIP sections now require budget transfers of $1,619,398 within the current year's CIP. Collectively, these actions will ensure the project is fully funded for construction and is ready to commence as soon as VDOT awards the bid. Funding for the additional needs within the present year CIP have been identified from several sources. The City intends to fund the $1,732,024 increased cost commitment to VDOT through Roadways projects. These projects are at a point where they possess funds that can be made available to address the needs in "Laskin Road Phase I-A." The following table outlines the four source projects and the amount available to transfer from each project: CIP # Project Name Amount Completed-Prior Years 2-107 Seaboard Road $629,079 2-149 Birdneck Road — Phase II $95,735 Nearing Completion-FY 2020 2-168 Lesner Bridge Replacement $378,686 Recently Completed-FY 2019 2-176 Transportation Network Analysis $628,524 Total $1,732,024 As the table indicates, the "Seaboard Road" (CIP # 2-107) and "Birdneck Road — Phase II" (CIP # 2-149) projects are complete. The "Lesner Bridge Replacement" (CIP # 2-168) project is nearing completion and as a result has excess funding available to transfer. The "Transportation Network Analysis" program (CIP # 2-176) was reflected as completed in the FY 2018-19 Roadways CIP document. The $1,619,398 needed in total for the Water and Sewer companion projects will be funded through budget transfers from existing Water and Sewer capital projects. The following table outlines the three source projects and the amount available to transfer from each project: CIP # Water & Sewer Project Name Amount Completed-Prior Years 5-805 Water Systems Aging Infrastructure Program $750,000 6-559 Sanitary Sewer Asset Management Program $737,786 Recently Completed-FY 2019 6-093 Consent Order Rehabilitation Plan Implementation $131,612 Total $1,619,398 Similar to the Roadways projects, the Water and Sewer projects, CIP # 5-805, "Water Systems Aging Infrastructure Program," CIP # 6-559, "Sanitary Sewer Asset Management Program," and CIP # 6-093, "Consent Order Rehabilitation Plan Implementation," have all been identified as completed projects, either in past CIP documents, or in the Fiscal Year 2018-19 document. Transferring funds from these projects will not impact the completion of any presently scheduled projects. ■ Considerations: VDOT will not advertise the "Laskin Road Phase I-A" project (CIP # 2-126) for construction bids unless the project is fully funded. An additional $1,732,024 in local funds is required to be appropriated to this project in order for VDOT to proceed with the construction advertisement and keep the project on schedule. An additional $1,619,398 is also needed in the Water and Sewer CIP sections in Fiscal year 2018-2019 order for the project to remain on schedule once construction begins in 2019. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Project Location Map; October 26, 2018 letter from the City Manager to VDOT Hampton Roads District Engineer detailing the local funding commitment on the Laskin Road Improvement Projects (CIP # 2-040 & # 2-126). Recommended Action: Approval Submitting Department/A•ency: Public Works, Public Utilities City Manager: ,�' 1 AN ORDINANCE TO TRANSFER $1 ,732,024 FROM 2 CAPITAL PROJECTS #s 2-107, 2-149, 2-168, AND 2-176 TO 3 CAPITAL PROJECT # 2-126, "LASKIN ROAD PHASE 1-A" 4 AND TO TRANSFER $1 ,619,398 FROM CAPITAL 5 PROJECTS #s 5-805, 6-093, AND 6-559 TO CAPITAL 6 PROJECT # 5-207, "LASKIN ROAD WATER 7 IMPROVEMENTS PHASE I," AND CAPITAL PROJECT # 6- 8 075, "LASKIN ROAD SEWER IMPROVEMENTS PHASE I" 9 10 WHEREAS, the Virginia Department of Transportation (VDOT) has requested that 11 the City appropriate all local funds for the Laskin Road Improvement Project prior to 12 VDOT's advertisement for construction; and 13 14 WHEREAS, the latest cost estimate from VDOT provides a difference of 15 $1,732,024 between the total local funding and what is needed for VDOT to advertise the 16 project for construction; 17 18 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1. In order to meet the additional local share requirement, the following 22 amounts in previously appropriated funds, totaling $1,732,024, from the following CIP 23 projects are hereby transferred to CIP # 2-126, "Laskin Road Phase 1-A": 24 25 o 2-107 Seaboard Road $629,079 26 o 2-149 Birdneck Road — Phase II $95,735 27 o 2-168 Lesner Bridge Replacement $378,686 28 0 2-176 Transportation Network Analysis $628,524 29 30 2. In order to meet additional funding needs for Laskin Road companion 31 projects within the FY 2018-19 Capital Improvement Plan, the following amounts in 32 previously appropriated funds, totaling $1,619,398, from the following CIP projects are 33 hereby transferred to CIP # 5-207, "Laskin Road Water Improvements Phase I" and CIP 34 # 6-075, "Laskin Road Sewer Improvements Phase I": 35 36 0 5-805 Water Systems Aging Infrastructure Program $750,000 37 0 6-093 Consent Order Rehabilitation Plan Implementation $737,786 38 0 6-559 Sanitary Sewer Asset Management Program $131 ,612 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APP: * D AS TO LEGAL SUFFICIENCY: ,f1) ' Budget and Management Services City Attorney's Office CA14579/R-1/November 29, 2018 City of Vi rgi rZi a Beach Cr: 9Fs �, Op OUR woo' VBgovcotn HUMCIPAL CENTER OFFICE OF THE CITY MANAGER BUILDING 1,ROON 234 (757)385-4242 2401 COURTHOUSE DRIVE (757)427-5626 FAX VIRGINIA BEACH,VA 234569001 October 26, 2018 Christopher G. Hall, P.E. District Engineer, Hampton Roads District Virginia Department of Transportation, Hampton Roads District 7511 Burbage Drive Suffolk, VA 23435 Subject: Laskin Road Improvement Project, CIP 2-040, 2-126 VDOT UPC#s: 12546 & 111711 City of Virginia Beach Local Funding Commitment Dear Mr. Hall: I'm writing in response to a request from your staff to outline the City of Virginia Beach's commitment of local funds to the subject project. Per VDOT's latest cost estimate, the total amount of local funding between the two Laskin projects is $39,100,000. Based on previous VDOT estimates, the City has appropriated and/or programmed $37,558,662 in the approved FY19 Capital Improvements Program (CIP), leaving a balance of$1,541,338. The various funding sources are listed below, and the pertinent approved CIP information sheets are attached for your reference. Amount CIP Project Funding Source $18,691,326 2-040 Laskin Bridge Local Funds $14,126,700 2-126 Laskin Ph I-A Local Funds $1,000,000 2-126 Laskin Ph I-A FY21 CMAQ funds to be transferred $1,630,606 5-207 Laskin Water Local Funds $2,110,030 6-075 Laskin Sewer Local Funds $37,558,662 Sub-Total Approved FY19 CIP $1,732,024 2-126 Laskin Ph I-A Local Funds from completed projects $39,290,686 Total Includes additional$190,686 for contingency If there are no changes to the current estimate, the City is planning to transfer $1,732,024 from completed projects to the Laskin Road project in the FY20 CIP (adopted in May 2019, and effective July 2019). These transferred funds will cover the additional local commitment, and provide an additional $190,686 of contingency funds. If these additional local funds are required prior to the adoption of the FY20 CIP, the City could execute a mid-year transfer. Christopher Hall Laskin Road Improvement Project, CIP 2-040, 2-126 VDOT UPCs#: 12546 & 1 1171 1 October 26, 2018 Page 12 Please let me know if you need any additional information. The City staff and I are looking forward to executing this very important and long awaited project for citizens of Virginia Beach. kk- 4:1 41100 avi. en City Manager Attachments c: Samba Secka, P.E., VDOT PM Philip Pullen, P.E., City Engineer David Jarman, P.E., Transportation Division Manager Katie Shannon, P.E., Project Support Office Manager William Purcell, P.E., Project Manager City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:2040000 I Title:Laskin Road Bridge Replacement(VDOT) 1Status:Approved Category:Roadways Department:Public Works Project Type Project Location Pro ect T •e: Rehabilitation/Re.lacement District:Beach,L nhaven Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 18,691,326 7,137,707 10,907,302 646,317 0 0 0 0 0 Description and Scope This project is for the replacement of the existing bridge on Laskin Road(Route 58)over Linkhorn Bay,1 mile east of First Colonial Road.The new bridge will match the proposed typical section for the 2.1 mile long widening project of Laskin Road from Republic Road to South Oriole Road.The portion of Laskin Road containing the bridge will be widened to six lanes with a sidewalk and bicycle path.Design services for the bridge project will include maintenance of traffic plans,construction documents and a construction cost estimate. This project accounts for 1.5'of sea level rise and the 100-year flood elevation. This project is the first phase of the overall Laskin Road Phase I parent project. The total project cost includes $22,140,000 for Bridge and all previous project expenditures(design,site acquisition,and private utility adjustments)associated with the overall Laskin Road Phase I project. Purpose and Need The bridge needs to be replaced because of the continuing deterioration of the structure.The structure has exceeded its useful life.The structure currently is posted for legal loads due to load carrying deficiencies.If the structural load capacity declines to a point where the bridge has to be •osted below Vir:inia's legal loads,large trucks,includin:emergency vehicles,will not be able to cross the bridge. History and Current Status This project first appeared in the FY 2013-14 CIP.Built In 1938 and later widened In 1956,the Laskin Road Bridge crosses Linkhorn Bay in the Hiltop area.The bridge has been repaired several times over the past decades.As the original portion of the bridge approaches 80 years of age,in combination with being in a marine environment,deterioration of the steel beam superstructure is accelerating. Average daily traffic at the bridge is 29,000 vehicles per day,with less than 1%being heavy trucks.The overall condition of the existing bridge is rated as"POOR"due to the deterioration of the substructure and superstructure,but a 2017 rehabilitation project ensured the bridge could continue to support legal load crossings. The bridge is inspected every six months to monitor the condition. This project is managed by VDOT,with the programmed funding representing the City's portion.Construction start date shown is the project advertisement date. This project received$10 million in SMART SCALE funding and is programmed in the FY 2017-18 CIP. Operating Budget Impacts FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total Operating Budget Impacts 0 0 8,775 21,061 21,482 21,912 Total FTE 0.00 0.00 0.00 0.00 0.00 0.00 Project Map Schedule of Activities . :1544Project Activities From-To Amount .t + ' Design 07/95-09/18 8,481,000 `tet • y '(/ ', Site Acquisition 07/97-10/11 17,858,000 ' / Private Utility Adjustments 09/13-12/15 10,037,000 Nt: • 41410"0„ a. Construction 10/18-10/20 21,440,500 '• t� . Street Lights 10/20-01/21 450,000 C,' Y Contingencies 07/95-01/21 2,712,326 ► r ..41c ..v` . ,. -. t, " Total Budgetary Cost Estimate: 60,978,826 41. • Means of Financing Funding Subclass Amount iLocal Funding 18,691,326 n M S .t . :1,.....,;.vy ^ '_', : i Total Programmed Financing: 18,691,326 jl t•-,� *' %.: _j' '_� ti : Total Non-Programmed Financing: 42,287,500 ' `' �_., : ... ) _ 168 Total Funding: 60,978,826 Fiscal Year 2018-19 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:2126000 J Title:Laskin Road Phase I-A(VDOT) I Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project T pe: New Facili Construction/Ex.ansion District:Beach,L nhaven Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 14,126,700 126,500 7,000,108 7,000,092 0 0 0 0 0 Description and Scope This project is the second phase of the overall Laskin Road Phase I project. The project includes construction of an 8-lane divided highway(three through lanes and a continuous right turn lane in each direction)from Republic Road to the limits of the Laskin Road Bridge Replacement project at Freemac Drive.This phase also includes full improvements to the Laskin Road/First Colonial Road intersection as well as construction of a 6-lane divided highway on First Colonial Road from Laurel Lane to 1-264.The feeder roads along Laskin Road within the project limits will be removed with this project.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 a landscaped median and verge areas will be provided to enhance the roadway corridor.This project accounts for 1.5'of sea level rise and the 100-year flood elevation. Purpose and Need The 29,000 vehicles per day that currently travel along Laskin Road is projected to increase to 35,600 vehicles per day by the year 2039.The current roadway capacity is 22,800 vehicles per day.This is the second phase of improving Laskin Road from Republic Road to Oriole Drive.Without this project,the road will become more congested as development along this corridor continues and will make access to the oceanfront difficult.This project is included in the Cit 's Master Trans•ortation Plan,as well as the Regional Transportation Plan. History and Current Status This project first appeared in the FY 1991-92 CIP.The project was deleted from the FY 1996-97 CIP,and was re-introduced in the FY 1997-98 CIP. Schedules and costs are updated annually based on the Virginia Department of Transportation's(VDOT)Six-Year Program.This project is managed by VDOT,with the programmed funding representing the City's portion.Construction start date shown is the project advertisement date.Notice to proceed will occur three months after.This project was selected for$15M of State SMART SCALE funding in January,2017. All previous project expenditures(design,site acquisition,and private utility adjustments)associated with the overall Laskin Road Phase 1 project are shown with project 2-040 Laskin Road Brid:e Replacement. Operating Budget Impacts FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total Operating Budget Impacts 0 0 0 10,882 65,289 66,595 Total FTE 0.00 0.00 0.00 0.00 0.00 0.00 Project Map Schedule of Activities ,i S,+" y Project Activities From-To Amount 53'1 - ,'' r .. r .�.�, • Design 07/17-09/18 1,600,000 �1 1,-'?- wr. '' Site Acquisition 09/17-09/18 500,000 '� .rr �et y!� �y��,' 4► Private Utility Adjustments 03/18-09/18 262,500 '+ ?' Construction 10/18-09/21 23,607,850 '. j' .r< Street Lights w� ]�. g 10/21 12/21 SOO,D00 ..,?-14'44' .j''� .ri'` t `��! f f c ' Landscaping 01/22-04/22 969,060 :.a .,-'14- `i • f- p g �4i- ,': '� l ofii•� .P Y ,► N�,.• Contingencies 07/17-04/22 2,687,290 ,�+r� It"- ,J .` " U' r ./. �-'_' Total Budgetary Cost Estimate: 30,126,700 'r '1' -'�;.� r`''i `�••r •11 .....00.r.,c Means of Financing --,..2 1} ���• ''+ 111 c , Fr.. Funding Subclass Amount `_ -11:. ", ,,. ,.,v_::**,;1 Local Funding 14,126,700 fib...".rT t _, t Je. ,,3''' 1F ... ' -- - . •.''. --.-.. Nal'''. '' - , ill i Oft '-'$,,.. ,. f, Els 1^tL`4-it . t- a i',., .w _' i_ • Total Programmed Financing: 14,126,700 4,v:it*,yy re. •� M, y • Total Non-Programmed Financing: 16,000,000 ,. f _ .rr }' 41. 0571111 Total Funding: 30,126,700 69 i cal Year 2018.19 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:5207000 I Title:Laskin Road Water Improvements Phase I(VDOT) I Status:Approved Category:Water Utility Department:Public Utilities Project Type Project Location Pro ect • : Rehabilitation/Re.lacement District:Beach,L nhaven Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 1,630,606 930,606 700,000 0 0 0 0 0 0 Description and Scope This project provides funding to improve the existing water distribution facilities on Laskin Road from Republic Road to Oriole Drive,and along portions of First Colonial Road if necessary,and relocation of the existing 36-inch and 12-inch water mains.Funds are allocated on the basis that some additional adjustments and betterments to the water line alignment will be necessary.This project will be coordinated with roadway project 2-156 and sewer utility project 6-075. Purpose and Need This project is needed to provide for system modifications to accommodate highway improvements and will allow conformance with overall design and architectural goals for the Laskin Road improvements.Laskin Road will be used as a gateway corridor to the Resort Area.The existing aerial pipeline crossings may need to be relocated in order to maintain aesthetic values created during roadway improvements.This project is aligned with Ci Council Goal 10,Modernize City Assets and Infrastructure. History and Current Status This project first appeared in the FY 2000-01 CIP.Cost estimates have been revised based on a preliminary engineering design.The roadway project has a funding deficit for construction,which is dependent on state funding.Public Utilities has decided to defer funding requests for this project until funding for the roadway construction has been identified.This project is divided into two Phases and the construction area reduced from VDOT:I-A is Laskin Road bridge replacement;and I-B is future Laskin Road between Republic Road to Red Robin Road and First Colonial Road between 1-264 to Re•ublic Road. Operating Budget Impacts Project Map Schedule of Activities Y r .� .- Rw Project Activities From-To Amount �' �`Od�+� 4;kt. Y• y " p ; Design 05/04-04/15 305,606 4. 'a y~ C 1 ,. �r `+,�', �t'y - Construction 07/20-07/25 1,080,000 �.' t r>;„s' r_' f71�i tv`. t ` Contingencies 05/04-02/26 245,000 Qt a 5 1 �o /� r +r .+ r -, t' r,•..,s a Total Budgetary Cost Estimate: 1,630,606 NRD „I:-3'1 Means of Financing •d-.11;�i-- ?, • 7.A.:,;; ..•� 'r/4, Funding Subclass Amount n�, - - _ ,, r-4 1f-: "4-,i•i fr�• ;.7' Local Funning 1,630,606 • ((�� .-.--.— wr'y"y`, d' '" � ,..4'.1.,+�n 6 , 7 .-7.1E a• � r 7,-_ i —t . • - 'P .]� • �nr.+��ILMElarLi f� • ) A A 5...-t.„:, , ` 206 Total Funding: 1,630,606 aca Year 201S 19 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:6075000 j Title:Laskin Road Sewer Improvements Phase I(VDOT) I Status:Approved Category:Sewer Utility Department:Public Utilities Project Type Project Location Pro ect T •e: Rehabilitation/Re.lacement District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 2,110,030 510,030 800,000 800,000 0 0 0 0 0 Description and Scope This project provides funding to improve existing sewer facilities on Laskin Road,from Republic Road to South Oriole Drive.This project will be coordinated with roadway project 2-156,water utility projects 5-207&5-202 and sanitary sewer utility project 6-081.Construction of this project is subject to VDOT's schedule for pro'ect 2-156. Purpose and Need This project is in response to VDOT highway project 2-156 Laskin Road Phase 1(VDOT)and improvements will allow conformance with overall design and architectural goals for the Laskin Road corridor set forth by City Council.Laskin Road will be used as a gateway corridor to the Resort Area.This project is coordinated with the roadway project to reduce construction costs,minimize future roadway pavement cutting,and future potential traffic disruptions.This project is aligned with City Council Goal 10,Modernize City Assets and Infrastructure. History and Current Status This project first appeared in the Pt 2000-01 CIP.Cost estimates have been adjusted to reflect current scope of work and construction prices.The roadway project has a funding deficit for construction,which is dependent on state funding.Public Utilities has decided to defer funding requests for this project until funding for the roadway construction has been identified.This project is divided into two Phases and the construction area is reduced from VDOT:I-A is Laskin Road bridge replacement;and I-B is future Laskin Road between Republic Road to Red Robin Road and First Colonial Road between 1-264 to Republic Road. Operating Budget Impacts • Project Map Schedule of Activities ,, Project Activities From-To Amount Qa1r� .r! Design 05/04-04/20 260,000 w� Construction 07/20-07/23 1,610,000 s", , Contingencies 05/04•07/23 240,030 K • wr' ' . 7}� r Total Budgetary Cost Estimate: 2,110,030 V y:, „ '4 r i.•' � - • Means of Financing fi^. 1 4 "* ='' +? 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J:MI , _ *te a P,� .0 %la evka;�14 m,�,,i,04-41+j, +.. 11 ` sria; c,ir ❑ ria,1-_ -'AVE- LOCATION MAP •�-Ff t'lle1146.�'\441%°'12 1LAl l. .., �\ 1 IU.rIis IER � �� _l! i...I FOR b '�CL,reiEit t?,,Y iio i �Y p�iHU ��t�. n y r� °I I I �..�'IUJ 0o rasa GO°R r'.„.O`.{eat r ,o0Y°4 • INDIANAAVEI cm LASKIN ROAD Ph. I-A arluriG��.,),,�s1 o ff •,`o� I �LI} . I -4E � ' CIP 2-126 9I_ ■sll � --,m _—SOUTHEF Feet rPOTTERSRD.�_.. - ( ' I — 41 7 LiI o 500 1,000 2,000 Prepared by P.W./Eng./Eng.Support Services Bureau 11/20/2018 X.\Projects\ARC Files\AGENDA MAPS\Laskin Rd\Laskin Rd Ph I-A\Laskin Rd Ph I-A Portrait.mxc K. PLANNING 1. DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re vehicular access and storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7 — PRINCESS ANNE (Deferred from November 20, 2018) RECOMMENDATION: APPROVAL 2. BMVS, LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3 —ROSE HALL (Deferred from November 20, 2018) RECOMMENDATION: APPROVAL 3. COLUMBUS 4692 ASSOCIATES, L.L.C. for a Street Closure re an unimproved portion of Potomac Street at the West side of Independence Boulevard DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 4. DORIE E. MILFORD & A. CHRISTINE CARROLL/JOAN LEE for a Change of Nonconformity re two (2) dwelling units at 4201 Ocean Front Avenue DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 5. POTTER PROPERTIES GROUP, LLC for a Modification of Conditions re farm stand and ADA compliant restrooms at 1065 First Colonial Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. LITTLE WARRIORS CHRISTIAN ACADEMY/ ST. FRANCIS EPISCOPAL CHURCH for a Conditional Use Permit re child care center within a religious use and a Modification of Conditions re religious use at 509 South Rosemont Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. CHUA BA THIEN HAU/ MISS SAIGON PROPERTIES, LLC for a Conditional Use Permit re religious use at 437 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. EVERLASTING LOOKS, LLC/ BELLA M. HANSON for a Conditional Use Permit re tattoo parlor at 4640 Haygood Road DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 9. THIN BREW LINE BREWING CO./OCEANA CROSSINGS, LLC for Conditional Use Permits re craft brewery and open-air market at 1375 Oceana Boulevard DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 10. PI TOWER DEVELOPMENT, LLC/R. SHANE EARLY & MERLE W. EARLY for a Conditional Use Permit re communication tower at 5238 Challedon Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 11. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 201 re permits for fences b. Section 232 re communication towers am�u' eA� ""• i444tiL s :. Yip) she i 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,December i1,2018 at 6:00 p.m., at which time the following applications will be heard: Potter Properties Group, LLC [Applicant & Owner] Modification of Conditions (Farm Stand) 1065 First Colonial Road (GPINS 2408530661. 2408535486, 2408534687)COUNCIL DISTRICT-LYNNHAVEN Everlasting Looks, LLC [Applicant] Bella M. Hanson [Owner) Conditional Use Permit(Tattoo Parlor) 4640 Haygood Road(GPIN 1478461721)COUNCIL DISTRICT -BAYSIDE Chua Ba Thien Hau[Applicant]Miss Saigon Properties, LLC [Owner] Conditional Use Permit (Religious Use) 437 N.Witchduck Road(GPIN 1467878682)COUNCIL DISTRICT-BAYSIDE Little Warriors Christian Academy (Applicant] St. Francis Episcopal Church (Owner] Conditional Use Permit(Child Care Education Center within a Religious Use)Modification of Conditions(Conditional Use Permit for Religious Use) 509 S. Rosemont Road (GPIN 1486680782)COUNCIL DISTRICT-ROSE HALL Columbus 4692 Associates, LLC [Applicant] Street Closure Potomac Street (Unimproved). West Side of Independence Boulevard (GPIN Adjacent 1477451163)COUNCIL DISTRICT-BAYSIDE Dorie E. Millford and A. Christine Carroll [Applicants] and Dorie E.Millford.A.Christine Carroll and Joan Lee [Owners]Change in Nonconformity 4201 Ocean Front Avenue (GPIN 2418966348) COUNCIL DISTRICT - BEACH PI Tower Development,LLC[Applicant]R.Shane Early & Merle W. Early [Owner] Conditional Use Permit (Communication Tower)5238 Challedon Drive(GPINS 1466584768. 1466586715) COUNCIL DISTRICT - KEMPSVILLE Thin Brew Line Brewing Co. [Applicant] Oceana Crossings LLC [Owner] Conditional Use Permit (Craft Brewery&Open-Air Market) 1375 Oceana Boulevard (GPIN 2415489273)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to Permits for Fences CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 232 of the City Zoning Ordinance pertaining to Communication Towers 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: http://www.vbgov.cum/oc. 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:NOVEMBER 25,2018&DECEMBER 2,2018 -1 TIME EACH N I 11 1 ' \ 4 I il I \ \ ill I 0 CI r,,,.... 4. — .I Tm. 1, < 1011_1i -, 06. i•or.174 &,-) o i, l, ,, ii - -... v- . ./. , .., . .. „--_. -. w rC-1 )II\ 1 ':' - ci:\L./Z. VI \ -8., if. --•._,:. r:,`„> c [ 11 : .),_ - • "'-' ,., ilail ....... -DI '. ' • 4 / # .4111. \ •••e Vir , I, ------_ I I 0 ' /,. -- I N ‘ -0 re < rii W lopri I, ' - .• ...„,•,..,.. At if: 0 0 ''.44' , • •-. .,i.' .. e N I re N N .4 is.. 1re . • . 1 • -, II . J.. . re ' ., ,.. .,. -\-._ .7,----1;) _U 4 , . 4.,..... ____. I 4: Ley ✓I L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAM NECK STORAGE PARTNERS, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning and Modification of Conditions to a Conditional Use Permit (Bulk Storage Yard) for the property located at the southeast corner of Harpers Road and Dam Neck Road (GPINs 2405631630 (part of), 2405332394). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: December 11, 2018 ■ Background: On November 13, 2018, and again on November 20, 2018, the City Council deferred this application at the request of the applicant. In August 2015, the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on approximately 28 acres of a 162 acre property. As part of the 2015 application, the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of creating a private easement for an access road to the proposed storage yard. The proposed private easement would allow commercial traffic to access the storage yard from London Bridge Road, via Castleton Commerce Way; however, the easement was never recorded. Since the approval in 2015, the land where the easement was proposed has been sold without the benefit of the recorded easement. The applicant is requesting to modify the vehicular access, which requires both a modification to the proffer agreement and a modification to the conditions of the Conditional Use Permit. Vehicular ingress/egress to the site is now proposed via a proposed ingress/egress easement on the larger proposed parcel to the east, where an existing curb cut along Dam Neck Road exists. The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height, width, and length maximums established for the storage containers that will be located on site. Originally, the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length. The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. Dam Neck Storage Partners, LLC Page 2 of 4 Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site. The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators could be used on site for the purpose of operating recreational vehicles, food trucks, ice cream trucks, etc. that may be stored on site. • Considerations: The modification to the proffer agreement is limited to the change in vehicular access. All other aspects of the proffer agreement remain intact. These important elements include all call outs on the proffered plan, such as the creation of a 15- foot tall berm (which has been installed), the preservation of many of the trees along Dam Neck Road and within the buffer delineated on the plan, the installation of a privacy fence, and the planting of seedlings and large evergreen trees. A detailed exhibit depicting this information (Dam Neck Storage Partners, LLC — Exhibit Prepared by Staff 11/15/2018), as well as the approved proffered plan (Conceptual Site Layout & Landscape Plan of Creech Outside Storage), are both attached. Traffic Engineering Staff concluded that Dam Neck Road is a viable vehicular ingress/egress alternative to the approved access. Additional and modified pavement markings will likely be required, but the use of Dam Neck Road is preferred over Harper's Road, where an entrance would unavoidably be located in a curve. With regard to the conditions of the 2015 Conditional Use Permit, the dimensions of containers were apparently underestimated. The elimination of the size of the containers is acceptable to Staff, noting that the prohibition of stacking containers is still recommended by both the Staff and the Planning Commission. Finally, the applicant indicated that trucks with internal generators may be parked on the property, such as food trucks and ice cream trucks, which, according to the applicant, are not anticipated to disrupt adjacent property owners. It is important to note that this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers in opposition at the Planning Commission public hearing. The speakers raised concerns about the use of generators on the property, the effectiveness of the proposed screening, noise from the site and potential flooding issues. • Recommendations: Dam Neck Storage Partners, LLC Page 3 of 4 The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Proffer Agreement Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re- adopted and shall read: 1. When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2018, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit 1 . Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled `Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. Dam Neck Storage Partners, LLC Page 4 of 4 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Site Exhibit Prepared by Staff Approved Proffered Plan Proposed Proffer Agreement Recorded 2015 Proffer Agreement — Rezoning of Storage Yard Property Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm• Agency: Planning DepartmentW------- ___. City Manage likk. 14\B Applicant & Property Owner Dam Neck Storage Partners, LLC Agenda Item Public Hearing October 10, 2018 City Council Election District Princess Anne 6 Virginia Beach Request Modification of Proffers Modification of Conditions (Bulk Storage ' Yard) Staff Recommendation >75 OS ONL a'""` Approval Staff Planner Marchelle ColemanC5--. Location ter,, Southeast corner of Harpers Road & Dam Neck 70.75 dB•DN S Road 4,w6. c, b r' °i. // GPINs '''''• '''"• 2405631630(Part of) & 2405332394 4 r Site Size 28.74 acres 55aoV.Dtu\ - • AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped land/ 1-1 Light Industrial ` Surrounding Land Uses and Zoning Districts - •+ „ ___; North , i, ` trek . a • * ,;ea.. Dam Neck Road 0nlirMAIR0tiid ,. 41,. .p. Cultivated fields/AG-2 Agricultural, AG-1 ; Y • Agricultural '{ s. ' :� - South +; :a: ''/ "' Self-storage facility, single-family dwellings/1-2 4' 3 '• B Heavy Industrial, R-20 Residential '' � , Eas4t {` Woods/ R-20 Residential,AG-1 Agricultural "\\ '` West \j-•' Harpers Road I '• ` , Woods/AG-1 Agricultural ),. .. i �� ` i _*4 . Dam Neck Storage Partners, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • In August 2015,the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on this portion of a larger property. • As part of the 2015 application,the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of providing an access road to the proposed Bulk Storage Yard.The proposed private easement was established to allow commercial traffic to access the Bulk Storage Yard from London Bridge Road,via Castleton Commerce Way; however,the easement was never recorded. • Since the approval for the Conditional Rezoning and Conditional Use Permit for the Bulk Storage Yard,the strip of property that provided vehicular access was sold and the ingress/egress was never recorded. Based on this, this City Council approved access is no longer valid.Therefore, the applicant is requesting to modify Condition 1 of the Conditional Use Permit which states that there shall be no access to the Bulk Storage Yard from Dam Neck Road, as well as a modification to Proffer 1, in order to modify the proffered access.Vehicular ingress/egress to the site is now proposed to be via an ingress/egress easement on a portion of the larger parcel where an existing curb cut along Dam Neck Road exists. It is the intent of the applicant to create a separate parcel, Parcel D1,for the storage yard site. The applicant has been made aware of the need to rezone the strip of land that is currently zoned AG-2 Agricultural District to a zoning consistent with storage uses prior to the approval of the site plan. Staff understands that this rezoning will likely occur as part of a rezoning request for the larger parcel in the near future. • The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height,width, and length maximums established for the storage containers that will be located on site. Originally,the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length.The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. • Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site. The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators could be used on site for the purpose of operating recreational vehicles and ice cream trucks that may be stored on site. • Lastly,this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Dam Neck Storage Partners, LLC Agenda Item 6 Page 2 Zoning History # Request 1 MOD(Borrow Pit)Approved 04/05/2016 CUP(Borrow Pit)Approved 03/22/2011 CUP(Outdoor Recreational Facility)Approved R40 -2�A A0•2 j 1 A0•t `—_, 03/22/2005 .��, • mei p„.�:.:*sorsa '-" 2 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 08/04/2015 R REZ(R-20 to I-1)Approved 08/04/2015 CUP(Bulk Storage Yard)Approved 08/04/2015 R-23 A0.1 3 CUP(Animal Hospital/Veterinary Establishment) Approved 12/02/2014 R•20 4 MOD Approved 12/11/2007 CRZ(R-20 to Conditional 1-2)Approved 05/23/2006 ' !, 5 MOD(Proffers)Approved 10/10/2006 R-40 R�6 0 /j • ` 02/22/2005 Q� • R•20 CUP(Bulk Storage Yard)Approved 02/22/2005 ' � P-P0 ' • 01,4e\ .`n,�57F3 6 STC Approved 02/22/2005 �•�; 3 o.1R•20, r r3 7 CUP(Communication Tower)Approved 08/08/2000 • CUP(Communication Tower)Approved 02/11/1997 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 8 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to 14)Approved 06/22/1987 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 This request for a modification of proffers and a modification of conditions is acceptable. As stated previously,the applicant intends to change the proffered vehicular access from a private ingress/egress along Castleton Commerce Way to an existing 30-foot private ingress/egress off of Dam Neck Road. In order to legally enter this site using the existing 30-foot private ingress/egress, a rezoning of that property will be required, as any entrance to a site must have a like or more intense zoning.This rezoning must be approved by City Council prior to site plan approval of the Bulk Storage Yard. While the applicant is aware of this requirement, Staff recommends a condition to address this requirement to avoid any confusion in the future. According to Traffic Engineering Staff, new pavement markings and modifications to some existing markings will be required in the Dam Neck Road right-of-way. A more extensive review with additional detailed comments will be provided during the site plan review process. The Development Services Center(DSC) is currently reviewing a site plan for the storage yard, which includes an extensive review of stormwater management. According to DSC Staff, changing the access will not have a material impact on the overall stormwater management design. Based on the considerations above, Staff recommends approval of this request subject to the modified proffers and conditions below. Dam Neck Storage Partners, LLC Agenda Item 6 Page 3 Proffers Modification 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 developed into a bulk storage facility with heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE,Virginia Beach, Virginia", dated March 24, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). PROFFER 2: Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the modified proffer agreement dated July 31, 2018 and found it to be legally sufficient and in acceptable legal form. Recommended Conditions The conditions of the Conditional Use Permit for a Bulk Storage Yard dated August 4, 2015 are hereby deleted and replaced with the following conditions: 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled 'Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. Dam Neck Storage Partners, LLC Agenda Item 6 Page 4 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked.Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises.Said lighting and glare shall be deflected,shaded,and focused away from adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad.Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility,and no other repair, retail,or other similar business shall be conducted on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones,accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed.There are no known significant cultural or natural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 32,500 ADT1(LOS 3"C") Dam Neck Road 19,866 ADT 1 34,900 ADT 1(LOS 3"D") No Data Available2 37,100 ADT 1(LOS 3"E") 1 Average Daily Trips 2 as defined by an outside 3 LOS=Level of Service bulk storage yard Dam Neck Storage Partners, LLC Agenda Item 6 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this application, is a four-lane divided, access controlled, major suburban arterial, with 165 foot of right-of-way width. It is designated in the City's MTP as a six lane parkway.There are no roadway CIP projects slated for this segment of Dam Neck Road. Public Utility Impacts Water The site is available for connection to City Water. There is an existing 20-inch city water main along Dam Neck Road with a 12-inch main stubbed to the property. Sewer The site may be provided sanitary sewer service by a pump and force main connection. There is an existing 42-inch HRSD sanitary sewer force main located within the remainder of an existing 20 foot HRSD sanitary sewer easement along Dam Neck Road. There is an existing six-inch sanitary sewer force main located within an existing 30 foot public utility easement along the eastern boundary of the property. There is an existing eight-inch to 12-inch City sanitary sewer force main along Harpers Road. Dam Neck Storage Partners, LLC Agenda Item 6 Page 6 Proposed Site Layout Approved by CC 8/4/2015 1 lit i .i a �� ,II : .,.;,,i, ,1, __ , _ , ___ i i, , , , E c ,f4a*N,1! I/: }1"."'...#...1....11114/ *4111 �° ' ``` _ tea t ,•-r R-Ili Vil'A y r ` a ' i • r ,4 / V FP A * *44"; 4 /r ' 4 "' ef d fV 21 0- 1k Y` i ��'• Oil Y . 1 ,€ts .g ‘de .\4 r — c — f .b • ' ..►ty. rT, d 1{ yt . ,\ - >* r I ; 4 I i I ,,,.;,ii_. ,I , *k•%;:., - : , ' 'I if {R i J ag -6 Ell ffrit.i i Ito iii Iv < iii il .4 Q Q I fin d o 2 V` " I <,` 1 s G c _ it •, O T \\ ! ui0 .i� 11 ui 2 A iI S I ° v > Dam Neck Storage Partners, LLC Agenda Item 6 Page 7 Proposed Subdivision Plat for Parcel D-1 !V „c.,..1,. .., 1: 1 it A 16 I0,Sa t...�I.nvtzr or SI IIMI OW a % !tri; ii 1 i§, i!!'• 4 p d V Y 38 v1i4T S ii O h 4 it 44'4113--$ Lill 4 ik 17.4 � > a a; F: t /�1 p ?yak# 141 a46 .1146 446 o 1{ I' filyg scii D (--) r1 c. d et w g„,. ip 1 iv- k u t pc !IP g CL a r 1 i I a a y o E. • 41•,jr, sine:: N Ilii is iir O ,/ \ g - 11 1/ 4e6 11 i 1: I eYYYtta —I •' N 4a � i t5 d f ` ›- ` \ p .4 s Fl �t W Mlb 0. cri 6 ' 6. tFx g �1 i t it -,i 1, fj tY „Q a: pirbrl2 S 1 t! R !2 xige • E "ii r €E sk '41..'•,, :k Y aig (i 6i s c Dam Neck Storage Partners, LLC Agenda Item 6 Page 8 Site Photos 7 pr: , :i 'i' 0.y • Ir l 7io' , .;',...F -1,4' *w ., • .. V.. . • 4 • Dam Neck Storage Partners, LLC Agenda Item 6 Page 9 Disclosure Statement 1/13 APPLICANT'S NAME Dam Neck Storage Partners, 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) - Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE oR CITY USF.ON' nutes n.. . pdatc•ci:,tio(2)v. : • Page 1 of 7 Planning Commis. d City Council meeting that pertains to the applicatior. APPLICANT NOTIFIED OF HEARING -',tTr Er `CHANGES AS OF 11/2 D,I D Marchelle L. Coleman • lit VISIONS SUBMITTED Dam Neck Storage Partners, LLC Agenda Item 6 Page 10 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:Dam Neck Storage Partners, LLC If an LLC, list all member's names: Bill DeSteph, Bill Terry, Laura Creech If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 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 /S 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:Dam Neck Storage Partners, LLC If an LLC, list the member's names:Bill DeSteph, Bill Terry, Laura Creech Page 2 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 11 Disclosure Statement .1k/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 Dam Neck Storage Partners, LLC Agenda Item 6 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n `' Accounting and/or preparer of I I your tax return Architect/ Landscape Architect/ l I Il] Land Planner Contract Purchaser(if other than. U `' the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Ix purchaser of the subject property VVN (identify purchaser(s)and purchaser's service providers) MConstruction Contractors EiEngineers/Surveyors/Agents MSA,P.C. Financing (include current mortgage holders and lenders L. selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Venture Realty Group John M Napier Esq - Hanger Law Real Estate Brokers / U L. 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 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 Dam Neck Storage Partners, LLC Agenda Item 6 Page 13 Disclosure Statement 1kBow Virginia Beach CERTIFICATION: j 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. z.i._ Ae--Zr-- dy APPLICANT'S SIGNA RE7 _ ____ - INT NAME DAT _y 7/3/411 Page 5 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 14 Disclosure Statement OWNER Virginia Beach • YES l l NO J SERVICE PROVIDER(use additional sheets if needed) I1 ® Accounting and/or preparer of I 1 your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than Nthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed lZ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® ❑ Engineers/Surveyors/Agents MSA,P.C. Financing (include current ❑ x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 'XI ❑ Legal Services Venture Realty Group John M Napier,Esq - Hanger Law Real Estate Brokers / ❑ 17 Agents/Realtors for current and 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 ❑ ® 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 Dam Neck Storage Partners, LLC Agenda Item 6 Page 15 Disclosure Statement Ifi3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA. meeting, or meeting of any public body or committee in connection with this Application. 7-extiffe 13 OPERTI ONMER A PRIM NAME p�E�f7 j 1 Page 7 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Dam Neck Storage Partners, LLC Agenda Item 6 Page 17 Item #3 Dam Neck Storage Partners, LLC Modification of Proffers Modification of Conditions (Bulk Storage Yard) Southeast corner of Harpers Road & Dam Neck Road District—Princess Anne October 10, 2018 Next is agenda item number six, Dam Neck Storage Partners LLC, an application for a Modification of Proffers and a Modification of Conditions for a Bulk Storage Yard on property located at the Southeast corner of Harpers Road & Dam Neck Road in the Princess Anne District. Could you please state your name for the record? Mr. DeSteph: Bill DeSteph. Madam chair, members of the commission, we are asking for a Modification of Proffers on this for a couple of reasons. The proffers we are asking to be modified, let me give you a little history. In August of 2015, City Council approved a Conditional Rezoning from AG-1 and AG-2 to Conditional I-1 to do a storage, bulk storage lot off of Dam Neck Road. Here and as part of that, there was an easement to go on the back of the property and to come out and I think that's Harpers Road, but on this back easement as part of it, if any of the parcels were ever to sell, the use of the private easement would be terminated. Well, two things happened, one the original easement was never recorded and two the property was sold. The storage lot that was in was, in fact, sold then they put a couple of other buildings there. We did contact the storage lot and talked to one of the managing partners. I believe and they were pretty amused when I asked them, if they will be willing to give us an easement across the front of their property. The way they kind of put it was that it would be a very cold day that they would give their competition an easement across their property. So we figured, we would try to find another alternative and I contacted one of the other property owners down on the front end. He was very excited about it and wanted to sell me the easement at about 20 times what his property and building were worth or I could buy it off for 5 million dollars. I am not sure lot of ticket on top of that so I sat down with planning staff and had a discussion about Dam Neck Road. The rest of the property again was already zoned for this. We have the letter from the navy, it's in the 75 decibel noise area and a bulk storage yard fits in and is compliant with the language and restrictive easements of the navy and appropriate for the use of the site. There is another application that will be coming in the next probably six months that's with economic development and another group. At this point in time, we will be able to develop the rest of the property but I am only interested in the storage lot here. So, we have asked for a couple of conditions to be modified one is for access off of Dam Neck Road and you can see where the 1 borrow pit access is and then there is already access on to the property a couple of hundred yards just west of the property off of Dam Neck Road. So, we are asking to modify the property to use that. Two other things, one of them is currently in the storage lots we manage. Folks have ice cream trucks or they have RVs that they park there and here there is a restrictive condition saying that you cannot use generators. Well, when the ice-cream trucks start up, they turn on their generators, start up their generators as well before they unplug it from the power to make sure the generators are going to operate. So, we put in there that it would be internal generators only on those RVs & Ice Cream truck type activities. What this would not be is external generators, like on food trucks. Most of them, have external generators, so you will notice on most of the RVs and most of the ice-cream trucks that the generators are quieter than the engines of the vehicles themselves. So, for us to come and say, hey there will be no generators operating on site ever but we know for a fact that the ice-cream trucks when they start up, they do start up a generator before they unplug because they don't want to lose any product, so that's one of the requested changes in modification. Another one was for the Conex boxes and a standard Conex box is 8-1/2 feet or 9-1/2 feet high with the new ones, we're happy with putting a 10-foot restriction, we know they will never go 10-feet or above. For the simple fact, once you put them on wheels then you are above 13-1/2 feet, so it won't get through most of our bridges in the area. So, we know for a fact that they are not going to be larger than 9-1/2 feet if you all wanted to put a limitation on that perhaps. We just called it a standard storage container size which the 20 TEUs or 40 TEUs that's the standard. Let's see, I believe that was all of the modifications we are asking for and I am happy to answer any questions. Ms. Oliver: Any questions, none, thank you. Mr. DeSteph: Thank you, I know we have opposition, I believe. Ms. Oliver: Alright, will see what they have to say, thank you. Ms. Cartwright: Yes, we do have three speakers in opposition. Would the first, Mike Jarrad, come to the front please. Ms. Oliver: I probably should have stated this in the beginning but you have three minutes to speak so. Ms. Cartwright: Please state your name for the record sir? Mr. Jarrad: Mike Jarrad, I am the closest resident to the storage yard 1800 Chelsea Green Drive. First, I have tremendous respect for Mr. Bill DeSteph but I don't feel like he has been given the 2 background leg work that was put into this original storage yard. So, the history has been long and awful and it was very involved. We had over 1000 signatures on the petition that you guys have. We had a stop industrial growth buttons on our shirts. We had many speakers the first time we came. We had bunch of months to plan for it. Two of the property owners today are actually deployed overseas so they are renting their properties so I don't think we are going to get any information from them. We had City Council at our house. We had neighborhood rallies but we are really rallied together to get the first proposed layout. The issues, the no generators, was something that we agreed to in the beginning. There is no internal generators that are quiet, you're on a 122 acre farm field which everything tends to echo. The 8-foot fence, so there is going to be an 8-foot fence around it,but now we are going to have 9-foot storage containers peaking over. There was a 3-1/2 acre buffer between the neighborhood that is now off the books but today in the proposed site layout, it's still there, this is a very small print, it says area to be re- seedling plantings, none of this current projects, none of Bill's current projects are next to 42 million dollar neighborhoods. In conclusion, we feel like the applicant needs to go back to the drawing board. This needs to be worked out between the HOA and the neighbors and come back to some resolutions. Ms. Oliver: Okay, we have any questions?Go ahead. Mr. Redmond: I was going to ask you to point out your house. If you are the closest person, you will grab that pointer and show and tell us please. Mr. Jarrad: I am right here, so this is actually my house. The berm actually sits my property gets back into the woods right there and the berm is actually in front of that property. The berm was put there in 2013. They have used some dirt off this property and moved it over. This is the area that I was speaking of that in the final resolution, the neighborhood was concerned about. This was offered to the neighborhood originally and then we didn't want to mow it with the HOA and all that kind of stuff. So, in the end right there, it says it is going to be reseeded for seedlings but we are not just sure where everything stands like this is the old picture with the access. We know that this, I mean, there are concerns here about right now you have dump trucks coming off the other side and now you are going to have about 40-foot containers,48-foot containers coming out under 55 mile an hour road and it just seems a little concerning to us but I think a lot of the little nuances just need to be hammered out. Ms. Oliver: Mr. Ripley. Mr. Ripley: So, the buffer was a concern of yours but seems to me there is a physical distance anyway between the neighborhood and this property. I remember going out there when it was re- zoned. 3 Mr. Jarrad: My property backs to right here, so the berm actually lines up with the property. The concern over here is that all these houses around here, it's an 8-foot fence, but it's just open field. These houses, we even had this neighborhood Mayberry, they showed up that there is a straight shot for them across the field to see that. Mr. Ripley: Are there houses, where you pointed to? Mr. Jarrad: This is all farm fields. There's houses right here yes all along here, they're staring right at it. Mr. Ripley: And it's now zoned industrial. Mr. Jarrad: This is still all agricultural. Mr. Ripley: Right, but the property? Mr. Jarrad: This property, this isn't actually what is zoned. It comes out this way because originally it came all the way down to this tree line which obviously all the neighbors were involved then and then after we finally got to the last deal, this is where we cut the line. Mr. Ripley: But, it's zoned industrial right now, correct? Mr. Jarrad: I don't know how this part sits. Mr. Ripley: Not that. Mr. Jarrad: Just this part is zoned industrial, I am sorry. Mr. Ripley: Which is what we are talking about and what specifically would you want to try to work out? I mean, I heard the generators, I heard a buffer and I'm trying to understand. Mr. Jarrad: The fence line, so you are going to have an 8-foot fence, but you can have 9-foot storage containers but you got at the, what was it, the car wash earlier; they're getting a 15-foot fence along here. Ms. Oliver: Buffer, a landscape buffer. Not a fence. Mr. Jarrad: This was chain link fence originally. Only this side is private screening so on the original plans, this is all chain link which I don't, I talked to Bill a little bit earlier, I am sure he is going to do a little bit higher end deal but we don't know what's going to happen. Mr. Ripley: Thank you. 4 Ms. Oliver: I have a question for you and I do remember all of us going out there and looking at that and the berm, how does that look now? Mr. Jarrad: If you could imagine the biggest hill of weeds that you have ever seen. It's been sitting there for three years, it's a weed, I sent most of everybody the picture, I think the couple of emails came back. Ms. Oliver: And so nothing, no seedlings were planted on that one piece that was supposed to be basically forest. That was the intent for that piece of property, if I remember correctly. So, you didn't have to see any of that and nothing, refresh my memory. Okay, yeah I was trying to remember who was responsible, it wasn't. Mr. Jarrad: Creech was the original land owner. Now, it has been sold from what my understanding, it's a 50:50 between Barbara Creech's daughter and Bill. Ms. Oliver: Okay and so they never followed up on that? Mr. Jarrad: Nothing. There was a gentleman who I guess originally owned the storage container the big storage area with all the buildings. Who had her get involved with another gentleman who was parking lifts back there and all kinds of stuff that we kept contacting Kevin. They kept going violating him and he fenced it off. I am trying to keep them away from it, and I guess she has had an issue getting them off the property, so they could move forward. So, all these things like we don't know from that last plan is the ditch going to be, is there going to be a driver over the ditch because the ditch is going to be completely filled in which is a flooding concern for all of us. We have another speaker today that will show you all the flooding that we are getting from that,just the berm at 15-foot berm by 100 feet long all the waters coming down back towards the neighborhood as supposed to back towards the fields. Ms. Oliver: Okay, yes. Mr. Hodgson: In the previously approved application, I think in 2015, there was the, I think, well you mentioned the 24-foot wide access area to be cleared which is the row of trees that's kind of off the back of your property to the left of your backyard, you know right there. There was like a 24-foot wide buffer that was approved to be cleared. No right on, go up a little bit,right to your left, right. Mr. Jarrad: There are trees all the way along this line right here. Mr. Hodgson: It was outlined in the previous approved application that there was a 24-foot wide access area to be cleared. 5 Mr. Jarrad: That was the access through the woods here. Mr. Hodgson: Okay, but the trees that were right by the access and this thing. Was that to be cleared or was that staying or what is that? Mr. Jarrad: That was staying, it's dense wood. Mr. Hodgson: It is dense woods. Mr. Jarrad: This happened to cut through on Easter Sunday. Mr. Hodgson: Okay, but all those dense woods are still staying. Mr. Jarrad: Well, we don't know. I would hope they would. Mr. Hodgson: Okay, because that's a pretty big buffer between your backyard. I mean if those got removed I think that would really open up your view to this parcel, thanks. Ms. Oliver: Great, thank you so much. Ms. Kwasny: I have a question. Ms. Oliver: Oh sorry, go ahead Commissioner Kwasny. Ms. Kwasny: So, you are saying that the creation of the berm at the moment is causing some runoff difficulty and you are afraid that if the ditch also gets filled in for some reason it's going to exacerbate that problem. The berm hasn't been maintained either and neither has that 3.5 acreage has been seeded, right? So, there are a number of things that weren't taking care in the original application that you feel need to be maintained or managed or addressed, right? Mr. Jarrad: Absolutely, yeah originally they were just going to take a cut through across the drainage, it's a 20 foot x 20 foot, I mean it's huge, so now we don't know. Ms. Kwasny: So, those are questions to be answered. Mr. Jarrad: Yeah, absolutely. Ms. Oliver: Thank you very much. Mr. Jarrad: Thank you. Ms. Oliver: Okay, ready for the next one. 6 Ms. Cartwright: The next speaker in opposition is Allen Prince. If you could, please state your name for the record? Mr. Prince: Good afternoon, I am Allen Prince. I live at 1868 Chelsea Green, this time I just like to voice opposition of the proposed modifications,just for a few reasons. The first of those being the possible noise that comes along with anything industrial that butts up to a residential neighborhood. I understand buffers speaking with Mr. DeSteph up front. You know, he gave us the assurance of internal generators only. As someone who owned a food truck for six years and actually stored it when it was Barbara at the time actually stored it there again with different owners. It was different policies but I was never approached. There were never any repercussions on the few times that I did have to run a generator ever. You know, and storing it there for six years and for me that was very rare that I had to do that but when it did happen I think that drove a question for me of accountability on the developers and to make sure that we have those assurances that the noise is kept to a minimum as it comes. The second would be, I know Mike mentioned it, is the sideline. An 8-foot fence for 9 or 9-1/2 foot containers just baffles me. I would love to have that explained just how that makes sense to trying to keep the sideline and you know just to where you see a fence but things are peaking over it. And then, lastly for me, is the hurriedness of all this. There was a real feeling but we had HOA meeting last week where we had a decent turnout for it. The majority of our neighborhood just found out about this last week. I know there are signs posted 30 days, I heard that earlier. I think from what Mike was telling me that sign posted on this is on top of the weed infested berm at the back of the neighborhood behind properties. We more or less need to walk across Mike's property to get to see that sign in order to find out about it. So, that being said and I think you know we want to make sure that everyone has time. So, Mr. DeSteph, as well as our neighborhood, have a chance to make sure that this is done the right way respectfully to the neighbors so that we can maintain that quality of life that we love in our neighborhood as well. Also, you know we understand the development happens so we want to make sure that that's done in a right way. Ms. Oliver: Great, thank you, do we have any questions, yes Mr. Horsley. Mr. Horsley: How close is the nearest resident to the proposed site from the blue line to the nearest resident how far is that? Mr. Prince: Mike would answer that better, being that is his lot. Mr. Mike: 110 feet. 7 Mr. Prince: 110 feet from the house. Mr. Horsley: 110 feet from the house? And between there is a 15-foot buffer? Is that what it is tall buffer, is that right? Mr. Prince: Yes. Mr. Horsley: Okay, thank you. Ms. Oliver: Thank you. Ms. Cartwright: We have one more speaker in opposition Tracey Little, please come to the podium. Ms. Oliver: Welcome, you will state your name for the record please? Ms. Little: Yes, my name is Tracey Little. Ms. Oliver: Ms. Little adjust the mic down, there you go. Ms. Little: Was I too loud? Ms. Oliver: Because you are too soft. Ms. Little: Alright, that's never been said to me before. Can I share some pictures with you? I thought we would be able to use that. I've lived there since 2013. I have been to every commission meeting since the desire of Barbara to expand. My property is right there. Ms. Oliver: Alright. Ms. Little: And last time I spoke, it was the same thing. The property value. We didn't want something disrupting our beautiful home and you know I know the sites are not going to stay there forever but we conceded and we agreed to concessions in the property. The initial agreement was that they would have certain commissions or conditions, now they are trying to back up on those conditions. So, in the last meeting, when I spoke I mentioned this ditch. You don't see it in this picture but it runs across here and in the paperwork it shows. Yes, right there, see the wooded area in the middle that's my home. Yesterday, I went in and took the picture that you have picture 9 or 10. 10 or 11 is a picture of a tag on one of the trees in the back that says wetlands delineation. I just took that one yesterday and there are some cattails back there. They never addressed not covering up that ditch last time. It was brought to the attention of Barber, the attorney at the time and you know kind of like everything kind of just went nowhere. 8 There was also another delineation wetland delineation sign somewhere in that area because I walked the ditch all the way around to Dam Neck one day to see it last year. Anyway, you will also see some of the pictures with the flooding. First, we had historical flooding with Matthew but just this past May, we had more flooding and page 8 of what you have in front of you is the result of this past May and then we also have pictures there from the flooding for Matthew. I think that if this moves forward and the ditch is not addressed, you are going to have, we are going to have a lot more problems. The City is aware of drainage issues but ever since that berm has gone up and it's unsightly just as he mentioned. Ever since that berm went up, things have changed a little bit for the flooding. I showed progression in pictures of different storms before and I would take picture just because I thought wow that's a lot of water and you cannot see in page one but that ditch behind there is build up with water and it's probably about three or four feet deep. So, if you cover up that land not making any provisions for drainage and that's part of the southern rivers watershed and in their little letter, sorry I am choppy everywhere,but I thought I'd have a PowerPoint to share. In this letter, they said that there was no adverse reaction or no adverse environmental concern in that area and I totally disagree with that. There will be adverse implications to that whole little streak there at Dam Neck and at the Harpers Road, as it goes along. You cannot see in this picture but over here it flooded drastically when we had Matthew. We have had other issues since. One of my main concerns is the noise is loud. You can hear generators. In fact, you got a picture there of the berm that's built with the grass on it. A few little shrubs put on top of it but the equipment that's stored in that backyard and this is how close my house is to that so I am looking at the ditch yesterday and I took a picture of my house, so it's pretty close if you draw a straight line, but again I am sorry, I am scattered. Page 6 is of the high tide in my yard from Matthew from the water level coming up high, see my light there. Then, page 7 was the picture of the equipment that stored in that back storage yard as well as the grass covered dole over there. So, I appreciate your consideration and your time and I think we have some legitimate concerns and I hope that you all will take us seriously and address it, thank you. Ms. Oliver: One second. Is this the picture of the berm? Ms. Little: That's my house; I am standing in the ditch. Ms. Oliver: So, you are in the ditch. Ms. Little: Yeah, that's how close I am, that's not the berm. Ms. Oliver: What page is the berm on? 9 Ms. Little: The berm is on page 7. This is straight from our front yard through the neighbor's backyard. Ms. Oliver: Great. Do we have any questions, Ms. Kwasny? Ms. Kwasny: Tracey, is it your sense that if your HOA were able to have a meeting with the applicant that you might get some resolution to some of these issues and you might be able to present your case and your desires specifically in relation how these things can be resolved? Ms. Little: Yes, definitely with regard to that, I am not sure at what time they placed the markers on the tree to indicate that was their wetland delineation. Ms. Kwasny: Well, here you have some questions about that. My sense was the noise and maybe that can be addressed by a set of hours or something like that. You could figure that out what might be amenable to you but the berm and the seedling acreage those two things as well as how that ditch needs to be maintained, okay so to me those were the four principal things. I took down from all three of you and I just wanted to know if you felt that there was, if you met with the applicant and were able to have those discussions, you might be able to get to some of those items that were to be addressed before we got to this point. Ms. Little: Yes, I think so, and definitely I am concerned mostly for our property and you know the others backyard, I am concerned mostly for the flooding issues. Ms. Kwasny: Oh and you had the fence issue as well, the height requirement in the fence. Ms. Little: Yes, you can see from there, you can see the equipment, half the time when I have gone out and snapped pictures it's because I hear some low rumbling. I am like, you know, I live close to the base, my husband is a marine or was a marine, so the noise from base is not a thing, it happens quick, but when I am sitting there and I am watching TV during the day or sometimes on a weekend, I hear a noise what the heck is that and it's constant and can go for hours and I wonder what it is. I go outside and try to figure it out and usually its storage units themselves and all the work that goes on there. Ms. Oliver: Mr. Ripley. Mr. Ripley: I just, you know, I am trying to visualize this. I have been out to the property when the original applications came in here. There is a 15-foot berm probably as high as this room, 100-feet wide right, 100-feet wide berm? Ms. Little: Maybe. 10 Mr. Ripley: So, you can see over that berm and you are worried about a 10-foot or 8-foot fence? How are we going to see whatever is across that berm? How will we do that? Ms. Little: I didn't say I was concerned about an 8-foot fence. Mr. Ripley: Well, everybody seemed to be, that came up here. Ms. Little: Well, we are concerned because they will eventually, these people here and the people on the other side of the neighborhood, they will be able to see the things that are stored in that yard. Ms. Ripley: I am just having a hard time visualizing it. I haven't seen any application and I have been on the commission since 1999. I have not seen a buffer like that before, that's a huge buffer that ought to be commended that you got right now. Ms. Little: In what, here. We should be happy for that right there, you say. Mr. Ripley: The purpose of the buffer was to buffer now how it looks again how bad but it is a sizeable buffer that would buffer I would think, sounds significantly and I would think also visually and credibly, so I'm having a hard time understanding the issue. Ms. Little: Visually yes, it does block some of that. Mike has a second story home, so he can see it from his second story. I can see it from my second story, I cannot see everything that goes on there but that doesn't detract from the sound. The sound is what we can hear. Again, Mike said because of the field, because of the openness. Mr. Ripley: Was there something there now? Ms. Little: In that yard? Mr. Ripley: Yeah. Ms. Little: Yes, I showed you a picture; they are storing things in this yard now. Mr. Ripley: What kind of sounds do you hear? Ms. Little: Mechanical sounds, working sounds and if they allow the generators to be hooked up to all of those that field does carry sound. I can hear sound from Dam Neck, right there, my house is there and I can hear sound from there. I can hear the cars racing and everything else at night just because they come across the field, pretty loud. Mr. Ripley: Okay, alright, thanks. 11 Ms. Oliver: Anybody else, Mr. Horsley? Mr. Horsley: Yes, you know, the main thing I can say from your pictures is that there probably does need to be some drainage work done out there somewhere. I don't know exactly where but with all due respect some of those dates on there were read after we got 13-inch rain and the water will be standing on top of the hill when we get 13-inch rain. So, on the ninth day of October in 2016, we had water everywhere. We had water to the ears of my corn that was in the field so we had lot of water then. It appears to me that there probably does need to be some drainage but I kind of agree with Ron and maybe we need to take a trip out there Ron and see how these work. But, it looks to me like from what I see there's more than adequate buffer than we give most anybody. In the car wash while ago with 15-foot buffer and here we have got a 100-foot buffer, that's 15-feet high according to what we have understand and of course you says it grow up in weeds. I mean that's vegetation. The only thing I can say about that. I am not a big fan of weeds either but I prefer to have some nice bushes up there but maybe there are some conditions on the original permit that weren't adhered to. We need to check into that but it appears to me that there is more than adequate buffers here but as I like say the drainage is the main thing that concerns me and I think there does need to be some looking into for that. I guess with the property owners to see, I don't know how they main out fold is but that ditch that's grown up in trees that's a big problem with ditch, ditch grow up in trees don't drain very well, so that does need some attention. I can attest to that so you have got some concerns but also I think you know the buffer seems to be to me seems to be more than adequate really. Ms. Little: The only buffer they have is adequate. Yes, I agree but moving forward when they do construct it. It would be nice that they would stay in the limits and not go over the limits. Mr. Prince mentioned, we had another gentleman who just bought a property at the other end of the property and his property sticks out right here. I believe that's right. So, he can see everything in the field so it's more of a visual eyesore and you know my disagreement with all of this was you know you have got a very nice neighborhood. We pay high taxes. You all agree with that but now we are going to be abutted up to industrial zone areas and it can't stay that way forever but a bulk storage yard and you know the nastiness that comes along with that is you know just in my opinion not something I want to live by. Its something that I wouldn't have ever preferred. Mr. Horsley: That's the only question I have. You have indicated to me that there are lot of, seems like lot of work goes on in this storage yard. Usually the storage yards is for storage. You put a vehicle there and they don't usually get to do a lot of work there. DeSteph, can enlighten us on what type of work actually goes on there but I am not accustomed that it's supposed to be a lot of work that takes place in a regular storage yard. 12 Ms. Oliver: Thank you. Ms. Cartwright: We do have one more speaker in opposition, Ms. Marsh, please come to the podium. Ms. Marsh: Good evening Planning council members, I haven't had the opportunity to speak to you before but I am really happy to be here. Ms. Oliver: If you could state? Ms. Marsh: My name is Ronda Marsh, Lindal Crescent Thalia. I am here to speak about trees. Ms. Henley gave an extensive, extensive presentation yesterday about trees and from what I see there are trees on this property and they were talking about the development where there might be some trees cut and the person representing the city. I don't know her name of hand, she was saying we need to really step back and look at that because the trees minimize flooding and that's what I am all about, about flooding and wasting money, cutting down trees and creating flooding and then having to fix it, so it would really be beneficial if someone could look at this. Marchelle Coleman, she could understand the trees and how are the trees affecting the flooding and the drainage and keeping things so that they don't get worse. You have got a major road out there. You have got Dam Neck and we just cut down a whole bunch of trees for the sports complex. We cut down the small forest and it was just so funny that it was literally less than a month ago before Ms. Henley spoke that the trees were there and then they were bulldozed for the sports complex, which is in an area that has extensively bad flooding on 21' and Arctic. So, as you profess to want to do good things. You should really understand about the trees because this seems to be a new focus that Ms. Henley and the Council have. If you would like I can go and find the name of the person from the VBgov department that spoke yesterday to the general council and spoke about the trees, so if you are looking at this are we really taking into account the trees, are we being careful with the trees. Has Ms. Coleman received the new memo that were all about trees and we are trying to stop flooding? Because if you just bulldozed ahead and cut the trees down, trees take decades, the trees by CTAK, they are on the sports complex land, they were a grove, they are going to take decades and decades to replace. They are not going to be replaced, they are going to be replaced by asphalt, so I really would ask you to delay this and just make sure that you know what's going on with the trees because you cannot replace the trees in an instance. You know, if any of you have ever a gardened or grown anything, it takes a long time and it would really be beneficial to know what all those trees are, what's going to be left and what's going to go. Just make sure that it doesn't add to the already bad flooding we had City wide. 13 Ms. Oliver: Thank you, Mrs. Marsh. I do believe and I am sure that somebody over there can correct me if I am mistaken that this particular piece of property within that blue line is field. It's farm land if you can see, it is. What he is going to use it for is field and actually what we are addressing just to concern you. We have got a pointer right here Ms. Marsh. Ms. Marsh: These look like trees to me; those look like trees to me guys. I mean, I am happy to go out there and take a photo. Ms. Oliver: No, no, we will get city staff to double check it. Ms. Marsh: It looks like trees. I am sorry, this I mean again. Ms. Oliver: Ms. Marsh, we have a pointer over here. If you don't mind, but that's an already approved application, right? Ms. Marsh: It looks like field to me. I get that that's field. I think that's field, but those guys right there, those look like trees that looks like trees and I understand what you are saying but I am saying that City Council yesterday it was amazing to me that after they had just bulldozed most of the trees in Bird Neck. They said trees are the be all end all and here we have trees and now you are going to vote on something that has trees, you are going to. Ms. Oliver: To be honest, this application, this is an old application and so what we are dealing with is the entrance into this, so this has already been approved. So, what we will look at is the piece where it was supposed to be treed that we didn't get it treed, so we will go back through that. So, we understand that how long it takes to get trees. We are not going to try to do anything to harm our land by any means or encourage more flooding than we already have. Ms. Marsh: Great, save trees. Ms. Oliver: Absolutely, thank you for speaking. Mr. Horsley: Madam chairman if I may, we hit a nerve I think. I have noticed the presentation that this lady is talking about. I heard a portion of it Monday night myself. There is a movement to save as many trees as possible but we all know that, well in this instance that runs a single line of tree there is blocking the drainage. I can see that from the pictures, so that you know we cannot say if all of those and most of them are myrtle bushes that can't really big full-fledged trees,but what the goal is they calculate and come up with the amount of absorption that trees make. The big trees from the greenery at the top and how much water they take out and the root 14 systems how much that keeps from flooding and washing and things like that. We all realized that trees eventually, like everything else, they have to be harvested and things like this and have to be replaced with some other things such as buildings for instance, you know. Sometimes there needs to be buildings where there are trees so we try to conserve as many trees in place. I happened to be a farmer and I plant trees. You can plant trees in wetlands but they won't let you farm wetlands that produces hard value crops but anyway that's a different story. I do understand what you are talking about and I appreciate your enthusiasm about saving trees. Ms. Henley passed out a pamphlet the other night at that advisor meeting that I happened to attend and about this movement that's going on now to do this. I didn't get all of the details but I do understand that but just keep in mind that you know trees have their place and we don't want to destroy all of the trees but if you take a airplane ride over the state of Virginia you will find out about 60- 70%of the state is covered with forest. Eventhough, we don't realize it in this area. I understand what you are talking about but there are times when trees have to be moved for other reasons. Ms. Oliver: Do we have any more speakers? Ms. Cartwright: No, that is all. Ms. Oliver: Alright. Senator would you like to rebuttal or comment. Mr. DeSteph: Actually, I am just going to answer pretty much all the questions that have been asked and address them so we can alleviate some of the concerns. I will first start on the 3.5 acre re-force station that was supposed to have been done here. Again, it's not in the area we are going to develop,developing areas here that 3.5 acres upon starting the development,we read the requirement previously and we stated that once we start development,we will re-force that. Again, that's not my responsibility that's part of the owner who owns all the property over here and who said they were going to do it in 2015, as soon as we start development we will actually take care of that. Secondly, I want to make sure I hit this in order nothing from the original application is going to change except those three things we asked for,that's it. Third,there is no work that's done on-site here right now, absolutely no work other than there is a gentleman who is storing equipment here and working on the operations of that. I don't know all the equipment but once we take control of the property all of that goes away. What's not going to change is any of the form work that's being done on the 121 acres here. Any other farm work being done here, I don't control that. I will have no control over it, they are still going to farm it but it's also going to continue.They are going to have excavators come in and continue to clean the ditches. I have no control over that. 15 I will have control over all the drainage in here and every lot that we have done for storage, and we got four of them now, we have not had one issue on stormwater holding or drainage from the time we take over the lot. When we take this over all the water is not going to be drained this way the way it does today, it's going to drain the other way. We have pipes, ditches, drainage, and everything else to handle that. The tree buffer in the bank and the berm so we are going to weed. I will make sure that 3.5 acres get done here, everybody has my number and if I say I'm going to do something I do it, that's pretty clear of that. The 100-foot berm that's 100-feet long 15-feet high from the line of sight of these houses, if you can see over those berms, the only thing you are going to see a 100-feet is right over this area at a 15-foot berm and 100-feet. You are going to see about anything higher than 25 feet. That's just algorithms and the logic of that. You are just not going to see anything below that unless you are standing on the second floor then you are looking at second floor is 12 feet, still a 15 floor berm at 300 feet, so you are still talking about, you will see anything about 14-feet and above if you are standing on the roof. You will be able to see anything that's about 6 feet high or more on the other side of this. Again, I am just laying out map and logic here. When we get into taking over this lot, there are trees we have got worked with the Army Corps of Engineers. Engineers are ready. There is a 250-year-old tree here that's originally was going to be part of a lot,we are actually carving that out, leaving that tree because we love trees too. We are not going to damage any of the old trees. There is one tree that's right over 100 years old,there is another tree that's right over 250 years old. We are going to preserve everything with those trees. The original plan had all those trees bulldozed over, we are not going to do that. Drainage, I have already addressed that but we have got our drainage taking care of in this. We have BMPs and all of our other lots that are supposed to. There are basically dry BMPs except when it rains heavily. We have never had rain or we have never had water in those BMPs for more than 24 hours. Our drainage works exceptionally well. We over engineered for the drainage. We always have and we always will. Where the 100-foot berm is over here, anything west or north of that, I have no control over that,that's property I cannot touch. I cannot control that property. It has nothing to do with this development. It will be part of the next development when economic development and everybody else come in on the rezoning of this area here. Again, I have nothing to do with that, I am not party to any of that and I don't control any of that. Everything that I will control,you will not have an issue with drainage off of that property period. We will take care of all of our own drainage,the original site in here was never actually developed, so we will actually develop the site. 16 The gentleman on the Town Bank board said you don't have to worry about it because there is no loan on the property and I am funding the development, so if you are on a bank board, you don't have to worry about it, you can vote for this. If you don't want to, you don't have to, but there are no conflicts and you will have to disclose anything on that. The internal generators right now with I guess about 1400 spots. We have four ice-cream trucks. We have about a 100 RVs. The total time any internal generator is running is less than 15 minutes from the time they fire it up, un-plug it and then drive off the lot. You truly can't hear the internal generators or the external generators like the food trucks. We have in our leases, you will not run any external generators. If there is anything that needs an external generator and they are interested in leasing in here, we will swap them out with something on our other lot that doesn't have the generator, so there are no issues with the generators. We can handle that with managing 1400 other lots or spaces, I am sorry not lots, four other lots, 1400 other spaces. There is going to be an 18-foot, an 8-foot fence around there that was part of the original one we are not asking for any changes to that, we are still going to do that. The berm, there is growth on there, there is weeds, there is all kinds of natural habitat growth on there, you know, we are not going to do anything with that berm to cut it down. We are happy to throw bushes on there to make it more appealing to the neighborhood if they like to see a row of bushes on that; however, we will do something that's indigenous to the area. We have addressed the line of site, on the signs, we have actually had four signs on the site. This property, on every corner of the property, has had a sign on it to include Dam Neck Road, for almost 60 days. It's required for 30 days but we delay the application for 30 days, so we have had it for 60 days on there. We have been contacted by two individuals in the neighborhood and I have invited them in, sat down and talked to them. We went through the entire plan. There issues warrants as much with this. There issues were with children from the neighborhood sliding on the berms. They didn't want to go into wooden fences. They would rather we have chain link fences because wooden fences hit kids that slide down the berms. They will hit the wooden fences and immediate stop and they get injured. They would rather have chain link fences that absorbed the sleds a little bit, again I am just telling you what their concerns were when they came in. We talked to them about that. We brought that up with Planning that hey here was a concern on this, again, we have listened to the neighbors who have contacted us and had any concerns. The Corps of Engineers study on the ditches the drainage and flooding in the area, we designed this area to handle all of the drainage and any of the water around here. I have not looked at the agricultural land over here and I am not going to look at that, that's another application that's going to come before you all. I am not going to have anything to do with that, so you will be able to address that later. 17 On this ditch from here, this way I have no control over this ditch here. I will have no control over that. I am not going to promise anything on that. This way that ditch will actually flow, we have already got everything lined up. We have got our BMPs laid out so the entire engineering plan of that we're good to go on that. We believe it's the right plan to do and it handles any water that would possibly come off that. I think we can handle 18 inches of water if I am not mistaken with the design we have but we can handle about anything that would happen and I can tell you that water is not going to come off of this property over the berm into these unless we have catastrophic flooding which water before that happens. We are going to have to worry about it coming from over an here before that ever happens. Noise from the farm equipment, the noise from the excavators, the noise from Dam Neck road, I am sorry I can't control any of that. I don't control the farm land. I don't control any of the way the excavators are clearing the ditches or not. I don't control any of that. I am not going to have any control over that. I will have complete control over everything within the storage lot. We have individuals who go through the storage lots right now four or five times a day from the time we open. We have access controls, gated access to all of our storage lots that will continue that will have access from 6 in the morning till 10 at night. After that, you know, have to worry about anything going in or out unless there is an exception. An exception would be if the City needs access for a specific thing or if law enforcement needs access for a specific reason. We do open it up for those reasons. We have addressed the trees. The tree over here identified that 250-300 years old we are not messing with that tree, we are going to keep it, original plans had it bulldozed that was approved. We are not touching it. We have redone our plan to make sure we leave those big mature trees alone and again the farming which combines, tractors, excavators, clean the ditches and all that equipment I don't have any control of. Anything outside of our area and then within our area the development we do we don't start before 7 a.m. and we knock off by 6 p.m. every day, so you won't hear any noise from our property before 7 or after 6 p.m. On the lighting, we put, think that the zoning ordinance says it's 14-foot lighting, we have identified a new LED light that's actually 12-feet high, so we we'll have that, we we'll have the entire property under surveillance with cameras. We get notification of everybody going on the property two or three multiple ways so we have got a pretty good idea of the maintenance or management of this that will be done properly. We have never had a complaint from any of the neighborhoods. Two of the ones we have are off of Central Drive, two of the other ones are in the Norfolk are in residential areas. We have never had one complaint, as a matter of fact, the only thing that we have had is we have had neighbors applying for jobs for the maintenance jobs or thanking us for 18 a cleaning up not just inside our fence. We clean up inside our fence. We also pick up the trash outside of our fences of all of our lots. So, we are very conscious to that. We operate a good clean operation and that's why we continue to expand. With that, I am happy to answer any questions or concerns. Mr. Hodgson: Thank you, any questions for Mr. DeSteph. Mr. Horsley : I have one question. Mr. Hodgson: Mr. Horsley. Mr. Horsley: Why did he store these long armed things which boom all the way up in the air? Mr. DeSteph: I don't know why they do that. This lot here were primarily looking out for RVs, trailers and things like that. Any industrial equipment like that, you won't have stored in these lots. We actually will swap out and storming our other lots which are truly laid out for industrial equipment. With something like this, we would not put any industrial equipment in there. Mr. Horsley: I've often wondered why they did that. I am sure there is a reason but I don't really know what it is. Mr. DeSteph: I have no idea. I know why they have the buckets so they drain and don't retain water. I don't know why they put them all the way up in the air unless they've got a generator on them and they don't want them stolen, that's the only thing I can think. Mr. Wall: On the original site plan that's identified as Creech outside storage on page 7 of the packet, it's showing that there is, it shows a buffer on Dam Neck and it shows buffer preserved like a wooded tree buffer on Dam Neck where it says and I am sure it wouldn't impact the existing tree berm? Mr. DeSteph: You are referring to the original tree buffer through here? Mr. Wall: Right, yeah. Mr. DeSteph: None of this will change, all of that is going to remain the same. Mr. Wall: All of that remains the same. Mr. DeSteph: Absolutely, every bit of that will stay, this area will be re-seeded. This is your buffer that's there, none of that is going to change. I will ensure this 3.5 acres which I don't have control over, I will ensure that seeded with nice seedlings, of indigenous things like when we do reforestation of our farmland. 19 But we plan on taking zero trees out of this. We plan on leaving all of the buffers in this area. We don't want to touch any of it. And as a matter of fact, we don't plan on having access through here at all so probably let that go back to however the growth is. We are not going to have access out of this lot here at all. Mr. Wall: You know I understand that. You don't control the property where the seedling plantings are going to be on that next to the residential neighborhood Prince George Estates that you know I guess they are just going to discuss, I am not sure how that was ever. Mr. DeSteph: I have texted Mrs. Creech and told her that we need to re-seed this and she said that was never re-seeded because they never developed this. I told her as soon as we start developing, we are going to re-seed this area or as soon as I take control. She has no issues with it. I text her to while I was sitting here. I just want to address anything that comes up because we are trying to do the responsible thing. Last thing, I want to do is upset a lot of people. Mr. Weiner: What's the lot going to be. Is it going to be paved or is it going to be like a hard pressure one? Mr. DeSteph: It is going to be various gravel all the way up and I think the last on this one I think it's going to be 57 stone if I am not mistaken. We do that for drainage and part of the reason you do that is to store most of the water on the property. The capacity the way we design these, we're able to store in the 1000s of cubic yards of water right there on the site because you have clay and sand and large stone and stone, and stone all the way up. So, a lot of the water capacity will be taken here and stored underneath the gravel and you won't have that immediate drainage runoff that gets absorbed back in slowly over time. Ms. Oliver: Anybody else? Ms. Kwasny: I have the two questions remaining so, you said your hours were 7-6? Mr. DeSteph : 6 a.m. to 7 p.m., when we do construction like as we develop. When we develop the site, it will start at 7 a.m. and it will be finished by 6 p.m. the development of the site itself. Ms. Kwasny: And the hours of operation again will be? Mr. DeSteph: Will be 6 a.m. till 10 p.m. Ms. Kwasny: Can you put a limitation on? I am concerned about those generators despite the fact that you say they are quiet. I can understand that they need to be turned on in order to maintain 20 product in the transition from unplugging and leaving the site. Whatever the case may be but you know generators running at 6 o'clock in the morning and that have to pick them up for business but 10 o'clock at night can there be a different limitation that might be more, you know, in keeping with a neighborhood way of life for their quality of life. Mr. DeSteph: We can put it on lease, but I will be honest with you, if you are picking up your RV on a Friday morning or a Saturday morning to go out of town, you're going to attach to the generator. I am being as honest as possible, we cannot control that. We can put it on a lease, but it's going to be almost impossible to enforce. Ms. Kwasny: That was the answer to the question. So, how many trees did you say you are preserving? One? Mr. DeSteph: No, we have one but we are going to be preserving a lot of trees but we cut out one of the areas over in here where it was on the original site plan to develop. We cut that out because there is a 250-year-old tree and another 100-year-old tree here. We are going to preserve everything around those trees to include those two trees. The big thing was we didn't want to do anything to impact those two big trees. On the original plans that was approved in 2013 or 2015, those two trees and a lot of the other trees back there were going to go. We decided when we walked through there with the Corps of the Engineers, well first we decided when we walked the property, we didn't want to get rid of the trees because they are really cool and really big. Secondly, we went back there with the Corps of Engineers. They saw the things, said hey are you going to bulldoze these trees. We said absolutely not. We are going to keep these trees and do everything what we can do to keep these trees. The Corps of Engineers at that point said hey great, we are going to tell you that we would like you to keep this one over here which was 100- year-old tree and the other one is out further and we said no we are going to keep both the trees. We don't want to mess with either of those two trees. Ms. Oliver: Anybody else, no okay. Thank you, alright, we will close this hearing and open it back up to the commissioners for discussion. Anybody would like to go, yes, Mr. Redmond. Mr. Redmond: Thank you, I want to say I think we need to keep in mind here. This is a very narrow application and I don't want to get lulled into this notion that we are re-litigating the appropriate use for this site, it's already been zoned, so this is about the access, it's about the 21 generators. One other issue,height,behind a 15-foot berm and the applicant has agreed to a 10- foot height restriction, so before we go and open it up to a broad-ranging discussion about all the things, it's not about I think we had to focus little bit on what it is about. It is really strictly the biggest issue it seems to me is about access and I cannot find anything in this that I find objectionable about that,but we really didn't talk about it much, so I do think the applicant has made very good faith effort to address some of the concerns that have been expressed. Even if they are not concerns for which he was responsible. I agree that the notion of inadequate buffering just doesn't to me make any sense, 3.5 acres and a 15-foot berm to me is plenty of buffer and rare in fact in my experience, so based just on if we look at this not on, you know, broader issues that have been settled some time ago. This strikes me as, you know, not a particularly complicated application. With regard to drainage,this still will go through site plan review and that's when drainage is addressed. Drainage has never been part of the consideration as it is today, it's probably one of the, you know,the most focused upon topics in any kind of development throughout the city, so I have no doubt that that will be adequately addressed. I think this is an entirely reasonable application particularly with it's taken the height limit off the table that's why I don't have any problem supporting it and I will look forward to doing it,when we do. Ms. Oliver: Yes, Karen. Ms. Kwasny: I know we turned it to close session,but I just want to see if four points were confirmed by the applicant without a waxing poetic moment,but just a confirmation of four points. Ms. Oliver: Okay. Ms. Kwasny: May I do that? Ms. Oliver: Yeah, actually. Senator would you step up for us,thank you. Ms. Kwasny: I kind of just need a yes or no. So, you did say that you would I am not sure if you said, you would maintain but you would provide some management and tree the berm in some way? Mr. DeSteph: Today the berm has weeds over top. We are happy to put bushes on top, again I don't control access. I don't control that berm in that property so I would have to work in arrangement with Barbara Creech and I can ask her about it, we are happy to put bushes on the top of the berm which would bring you up to 20-25 feet. 22 Ms. Kwasny: And, you also said that you would seed the 3.5 acre area at the point of development? Mr. DeSteph: Correct and we will re-seed that. Ms. Kwasny: And you also said that you will put a 10-foot height restriction limitation, correct? Mr. DeSteph: Absolutely, we will have that. Ms. Kwasny : And you said that you would put in the lease a time constraint on the generators, can you be specific? Mr. DeSteph: We have in our leases today, every single one of our leases says that no external generators are allowed. Ms. Kwasny: Well, I know that. Mr. DeSteph: So, that's in my lease. On the internal generators, we can put in the lease and another paragraph specifically to this thing. On your internal generators you can't start before a certain time or after a certain time, it's going to be impossible to enforce it; however, we are happy to put it in the lease. Ms. Kwasny: And then my last question, actually it was five. Was that you are going to in your storm water maintenance address to your area, you are going to address your part of the ditch is what you are saying. You have no control of the other one, which I understand because that's a different property and a different application coming forward at some point, but you have got part of that drainage ditch, you will be addressing. Mr. DeSteph: Correct, everything in the lines of blue up there, I will be taking care of 100% of it. Ms. Kwasny: I just want to clarify that, not for me, but for the residents who are concerned about it. Mr. DeSteph: Yeah, we will take care of everything on the inside of that. Ms. Kwasny: Alright, that's all I have. Ms. Oliver: Okay great. Thank you. Mr. Weiner: J ust want to point out one thing, one thing I am really impressed about that the lot itself is not going to be concrete and it's going to be permeable and water is going to drain 23 through it, that's big. So, it's going to keep water from going into the neighborhood. I like that. Ms. Oliver: Anybody else, no, do we have a motion. Mr. Hodgson. Mr. Redmond: Madam Chairwoman, I move that we approve the application. Ms. Oliver: Great, second? Mr. Hodgson: Second. Ms. Oliver: Thank you. Call for the question. Ms. Cartwright: By recorded vote of 9-0, item number six has been approved. Ms. Oliver: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE 24 PROFFERS PROFFER 1: Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re-adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2014, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Site Plan"). CONDITIONS 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled `Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable(the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen(14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 25 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. 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':,rif_...44,12,-. . ...-,: o..r . - - i,71......... , i , LI,' ., ,. -• • --• W ,- _ if71 4 . !' .1............., _ i , 1 -L I - ,�' i 1ll • �-A' , �'I^a1 Y \ / Mt • ivo it. < 11E1 .� �1 s 1,t 311 ;1 ii- Q V4 'b a . 11 /I ll il / �! g s x ag If —.I I-- gk . 11/4 G ` 1 ---=',..-)..,.... ii_.i.....; -..4'..;,)..(.- --11,..-::::' , e E i: M o 5 011111 it II!. „.•):::ill tl Q , m. tfl 6 g . i lll Vi til v 0 > ! BT HOLDINGS III, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3151 day of March, 2014, by and between BT HOLDINGS III, LLC, a Virginia limited liability company,party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the AG-1 Agricultural District, AG-2 Agricultural District and the R-2o Residential District to the I-1 Industrial 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 tWMW' I96 GPIN: 2405-63-1630 (Part of) City of Virginia Beach 08/06/2015 09:20:25 AM AGMT Tina E. Sinnen, Clerk Prepared by: R.Edward Bourdon,Jr., Esquire VSB #22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 PREPARED BY SYKES.DORM/N. Li MINN N&LEVY.P.0 1.1 1 . 1 f 1 WHEREAS, the Grantor acknowledges that the competing and sometimes I incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers and limited access as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated 03/24/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only PREPARED BY. . SYKIS. pmn)N. use permitted on the Property without an amendment to these proffers. WE w)AHEI &LEVY.P.C. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2, R-2o and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate PREPARED BY. � Sl'�ES.1301111)t)N. action,suit,or proceeding; t'A11ERN&Lt"Y.P.C. 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: IE SY ES. POL'RI)ON. &LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: e (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ist day of April, 2014, by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company,Grantor. j--yAAN Notary Public My Commission Expires: August 31, 2014 4i46.. Notary Registration Number: 192628 H. H.• lyCy • ‘40 tafteit 11514%*".te Pue;. PREPARED BY' SYKES.I3OI Atl)ON. AHERN&LEVY.P.C. 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road,a variable width public right-of-way; thence along the right-of-way line of Dam Neck Road N 82°50'43" E a distance of 34.71 feet to a point; thence N 84°41'40" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°05'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S 06°50'39" W a distance of 59.28'to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,251,848 square feet or 28.74 acres. GPIN: 2405-63-1630 (Part of) H:\AM\Conditional Rezoning\ST Holdings III\Proffer_clean 3-19-15.doc PREPARED BY: 116 SYKES.ROURJ)ON. A11ERN&LEVY.P.C. 6 BT HOLDINGS III, LLC, a Virginia limited liability company DAM NECK STORAGE PARTNERS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31St day of July, 2018, by and between BT HOLDINGS III, LLC, a Virginia limited liability company, party of the first part, Grantor; DAM NECK STORAGE PARTNERS, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the Grantors are the owner of that parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres which is more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter 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 Agricultural District, AG-2 Agricultural District and the R-2o Residential District to the I-1 Industrial 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 GPIN: 2405-63-1630 (Part of) Prepared By: John M.Napier,Esquire,VSB#82973 Hanger Law 618 Village Drive,Suite J Virginia Beach,Virginia 23454 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2, R-2o, and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: a sr 6 (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company, party of the first part, Grantor. GIVEN under my hand this : 1st day of July, 2018. do). .. PcI- Notary Public My Commission Expires: /o.,5/ Notary Registration No.: A g3 JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 5 WITNESS the following signature and seal: Grantor: Dam Neck Storage Partners, LLC, a Virginia limited liability company B (SEAL) William E.Terry,Mana g Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me by William E.Terry, Managing Member of Dam Neck Storage Partners, LLC, a Virginia limited liability company, party of the second part, Grantor. GIVEN under my hand this 31st day of July, 2018. .d-ajort5(-- Notary Public My Commission Expires: /CO/ /' Notary Registration No.: JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 6 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road, a variable width public right-of-way; thence along the right-of- way line of Dam Neck Road N 82°50'43" E a distance of 34.71 feet to a point; thence N 84°41'40" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°05'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S o6°50'39" W a distance of 59.28 feet to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,2511848 square feet or 28.74 acres. GPIN: 2405-63-1930 (Part of) 7 I___________________1 y ____________Th 1 II _______ _ __, r 7 r r ______i? i Nir N __* t e,.\\%itg E---- -10 it- N R ________73 . iiiiiimmimmir• kb,_ _,\, k ,z law o A / L____ -----i i __. _ ________ _____ ..ii 8/ i r , t , ----; ) T----- ___ , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BMVS, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 2572 Horse Pasture Road (GPIN 1495850569). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: December 11, 2018 • Background: The Planning Commission deferred this application at the December 13, 2017 public hearing. The deferral was requested by the applicant in order to work with surrounding property owners on outstanding issues specifically related to the private restrictions and covenants of the industrial park. The City Council also deferred the application on November 20, 2018 to the December 11, 2018 public hearing. No changes were proposed to the request as a result of the deferral. The applicant was seeking a zoning verification letter from the Zoning Office when it was discovered that the storage of material in the parking lot requires a Conditional Use Permit for a Bulk Storage Yard. In order to bring the site into compliance with the Zoning Ordinance, a Conditional Use Permit for a Bulk Storage Yard has been submitted. The submitted plan depicts a 4,900 square foot storage area, enclosed with a solid six-foot tall all-weather fence. • Considerations: When the applicant purchased the property, the western portion of the building was already under lease. The applicant does occupy approximately 60% of the 37,400 square foot building, and plans to relocate the material currently stored outside into the building once the tenant's lease expires. The Planning Commission added a condition to address this, limiting the use to seven years from the date of approval. This condition, Condition #3, is noted below by underlined text. The proffers associated with the 2002 rezoning that created the industrial park did require that deed restrictions be recorded and be administrated by a property owners' association with mandatory ownership. The proffers state that no storage area be located between Dam Neck Road and any building adjacent to Dam Neck Road. As this property is not adjacent to Dam Neck Road, this provision does not apply; however, according to the opposition, the deed restrictions do prohibit outdoor storage in the front of buildings. The City does not enforce private deed restrictions. The minimum parking requirement will continue to be met and the property is located within an existing industrial park, where storage of materials is typically an acceptable use of the property. The applicant has provided an Easement BMVS, LLC Page 2 of 2 Conformance Letter that states that the Navy has deemed the uses on the site to be in conformance with the terms of the Navy Restrictive Easement. The applicant is requesting to deviate from the required Category VI screening requirement through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping. The deviation will likely not adversely impact the adjacent properties, particularly given that an additional row of shrubs will be installed along the right-of-way to enhance the existing streetscape plantings. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing. The speaker raised a concern regarding the private deed restrictions that do not allow outdoor bulk storage in front of buildings. As noted above, the City does not enforce such deed restrictions. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "Proposed Site Layout" on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. 3. This Conditional Use Permit shall be valid for seven years from the date of City Council approval. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• •rt • nt/Agency: Planning Department 12--zr----- , City Manager. tap, Applicant& Property Owner BMVS, LLC Agenda Item Public Hearing October 10, 2018(Deferred December 13,2017) City Council Election District Rose Hall I) 1 city(y Virginia Beach Request ', Conditional Use Permit (Bulk Storage Yard) rr /tie Staff Recommendation „n, ts,,,°`t Approval AvIrTOI()^A' '75 dB DNL Staff Planner Pedern'n`°coon - -- c Jonathan Sanders r Albs R d Location ma 2572 Horse Pasture Road GPIN 1495850569 --N.,ip, 7046 es ow Ap Site Size 2.80 acres JAI AICUZ ' Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 'fir ' at� ` N' Warehouse/Conditional I-1 Light Industrial '�~ '�', 't ' 1 ,. Surrounding Land Uses and Zoning Districts ; '' ,- = L��((n�,,,E3 - +.0 ri(J, !10,1(1 North London Bridge Road A ., • ..:_ Warehouse/ 1-2 Heavy Industrial J r South i^. Horse Pasture Roadna. �` •� • Warehouse/ Conditional I-1 Light Industrial lif ; L '' Allp ;` _r•._ _ci• , East 'l # _ , Warehouse/Conditional I-1 Light Industrial 1 1 ” West . ,,,, , / . 7 , ; 4, Warehouse/Conditional I-1 Light Industrial •- -> c 'tri;, ; . BMVS, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • The Planning Commission deferred this application during the December 13, 2017 public hearing. The deferral was requested by the applicant in order to work with surrounding property owners on any outstanding issues. No changes are proposed to the request since that hearing. • A Conditional Rezoning was approved in 2002 to change the zoning of a 25-acre farm, which this site was a part of, from AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light Industrial District to develop the property as an industrial park. The proffered rezoning for the entire industrial park was modified in 2004, in order to reduce the setbacks along London Bridge Road. • The applicant was seeking a zoning verification letter from the Zoning Office when it was discovered that in order to store the slabs of material in the parking lot, a Conditional Use Permit for a Bulk Storage Yard is required. Therefore, in order to bring the site into compliance with the Zoning Ordinance, a Conditional Use Permit for a Bulk Storage Yard has been submitted. • The applicant occupies 61%of the 37,400 square foot building and leases the western portion of the building to a warehouse business. As such, the applicant proposes to use a portion of the existing parking lot to create a 4,900 square foot Bulk Storage Yard, which will be enclosed with a solid six-foot tall all-weather fence. • The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with shrubs) surrounding the Bulk Storage Yard. While the applicant intends to fence the storage area as required, in lieu of the shrubs immediately adjacent to the fence, the applicant proposes to install low-growing evergreen shrubs along Horse Pasture Road, in front of the stormwater management pond. • Even with the use of a large portion of the parking lot for storage of the slabs of stone, there will be a sufficient number of parking spaces on site to meet the minimum parking requirement for the existing uses in the building, which is 12 spaces. • There is a Navy Restrictive Easement on this property. The applicant has provided an Easement Conformance Letter that states that the Navy has deemed the uses on the site to be in conformance with the terms of the easement. BMVS, LLC Agenda Item D1 Page 2 1-2 7� - � Zoning History ,Ftefesessiesaineasseassisessie # Request 3 >� 7+ - / 1 MOD Approved 09/14/2004 ►'� CRZ(AG-1&AG-2 to Conditional 1-1)Approved 05/14/2002 I' 10111. Rona 2 CUP(Craft Brewery)Approved 10/04/2016 3 CUP(Bulk Storage Yard)Approved 05/01/2018 1.1 • 111111111..- 2 7oas .BDNL 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 view,the proposed Bulk Storage Yard is compatible with the surrounding industrial uses and the land use policies for Special Economic Growth Area 3 South Oceana and the Comprehensive Plan. The applicant is requesting to deviate from the required Category VI landscaping requirement through the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation,as conditioned below,will not adversely impact the adjacent properties, particularly given that an additional row of shrubs will be installed to enhance the existing streetscape plantings.The minimum parking requirement will continue to be met and the property is located within an existing industrial park,where storage of materials is typically an acceptable use of the property. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "Proposed Site Layout" on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. BMVS, LLC Agenda Item D1 Page 3 3. This Conditional Use Permit shall be valid for seven years from the date of City Council approval. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This site is located in Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones,accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. The western region of this area is planned for non- residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. As the site is already developed with a building and associated parking,there does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Horse Pasture Road No Data Available 6,200 ADT 1(LOS°"c") Existing Land Use 2-86 ADT 11,100 ADT 1(LOS°"E") Proposed Land Use 3-86 ADT 1 Average Daily Trips 2 as defined by 500 square feet of 3as defined by 500 square feet of A LOS=Level of Service office and 22,500 square feet of office and 22,500 square feet of industrial warehouse industrial warehouse with a bulk storage yard Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. BMVS, LLC Agenda Item D1 Page 4 Proposed Site Layout LONDON BRIDGE ROAD -----_...-_ '...,r.. ^------.--..-.__ _. . ,_. .,.-..--^' ,,,,.,,,...,,,. ..��.,_... __ w__^ ----, irf- ikot, 14 1111 b, Male f0,• ,,- . . LI:— 1 1 '''' ,‘ 1 __ :tilet -. Huhu ' - i 1 Proposed Bulk -4__--.- Storage r Yard r. ft_i__ i 1 ... . ._ , i 1 , _ ew-eYargreen s rubs HORSE PASTURE ROAD BMVS, LLC Agenda Item D1 Page 5 Navy Easement Compliance Letter 'tTNT Op 4, DEPARTMENT OF THE NAVY ° NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD • VIRGINIA BEACH VIRGINIA 23460-2191 REP('REFER!0 4535 Ser N4/236 31 Oct 17 Ms.Elizabeth Haithcock ARC Natural Stone 2572 Horse Pasture Road Virginia Beach,VA 23453 Dear Ms.Haithcock: Thank you for your request for an easement compliance review for use of the property located at 2572 Horse Pasture Road,Virginia Beach,Virginia by ARC Natural Stone. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement acquired by the United States. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,described as a bulk storage yard for the storage of granite slabs,appears to be compliant with the language in the Grant of Easement and is therefore permitted. As noted in the 2 January 2012 letter from CAPT R. N.Geis,retail sales,if any,are only allowed as an auxiliary function of the above noted use. In addition,any showroom open to the public shall not exceed ten(10)percent of gross building arca. Be aware that our determination is based on your representations regarding the use and location of the property. Please be advised that the Navy will periodically conduct random reviews,in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr.Paul Moomaw,who can be reached at(757)341-1509 or via e-mail at paul.moomaw@navy.mil. Sincerely, J.M ADOWS Captain,U.S.Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3&PRA12) BMVS, LLC Agenda Item D1 Page 6 Site Photos `• v J / 4 ' 1 FT., ,. 7. ' w ;y' .- nutwal none ..._-_ i. - rru j y'. a - i • marc • . _ :, .. �i x - • BMVS, LLC Agenda Item D1 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME BMVS' 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(7)weeks prior to any Page 1 of 7 -... . -. ,:,ar>:' - ..• at r._.. . •. plication(s) AI'f-11�-AN1 NOi •:i c NO CHANGES AS r. NATE 11f2e;i/(g is Jonathan Sanders REVISIONS SUBMITTED ^ATF BMVS, LLC Agenda Item D1 Page 8 Disclosure Statement *NB 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: BMVS, LLC If an LLC, list all member's names: Marcelo Scarpa, Myra Scarpa If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IT Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name. ------ ------- If an LLC, list the member's names: Page 2 of 7 BMVS, LLC Agenda Item D1 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 -Parent-subsidiaryrelationship- means �a relationshipthat exists when one corporation P�� 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. <: 1 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 BMVS, LLC Agenda Item D1 Page 10 Disclosure Statement APPLICANT Virginia Bitch YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ VI Accounting and/or preparer of your tax return nArchitect/ 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) I I Construction Contractors • XEngineers/Surveyors/Agents Financing (include current Xenith Bank ▪ ❑ 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 U 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 BMVS, LLC Agenda Item D1 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 m�eti g, or meeting of any public body or committee in connection with this A. .I-IPr.n, -- — IOW SIGNATURE PRINT NAME DATE Page 5 of 7 BMVS, LLC Agenda Item D1 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. BMVS, LLC Agenda Item D1 Page 13 Item #D1 BVMS, LLC Conditional Use Permit(Bulk Storage Yard) 2572 Horse Pasture Road District—Rose Hall October 10th, 2018 APPROVED Ms. Cartwright: Next on the agenda is number, agenda item number D1, BMVS, LLC, an application for a Conditional Use Permit for Bulk Storage Yard on property located at 2572 Horse Pasture Road in the Rose Hall District. If the applicant will please come to the podium? Ms. Oliver: Hello, how are you? Mr. Scarpa: Doing well, good afternoon everyone and thanks for your time all the members. My name is Marcello Scarpa and let me introduce my business, we have a local small business based in Virginia, in Richmond and in Virginia Beach. We started in Richmond in 2006 and then 2012 we decided to also operate in Virginia Beach. We located that building that was available in the market at Horse Pasture Road, which used to belong to Crestline Hotel. They used to have their laundry for several hotels that they used to operate. They are still in Virginia Beach but they outsource all of their laundry and we are able to rent about two-thirds of the building for us at that time. When we made our lease contract with Crestline, we made sure that in the lease contract would allow us for outside storage because we knew they would need that space at that time. We operated the building from 2012 to 2017, leasing the building from Crestline, we have been using that yard for stocking part of our slabs. In 2017 Crestline approached us with intention of selling us the building and we came to an agreement to buy the building. The bank that was financed was Zenith Bank. They asked for a letter of compliance with zoning and then when we found out that we would need the conditional use permit to be able to have those slabs outside. What we did was we moved the material that was outside in this 4900 square feet area that's outside to our Richmond location and started the application for the conditional use application. Once the application was complete and we put the signs for the hearing, Jonathan called us to tell that there was some opposition from the association on that case and we asked him to suspend our hearing. We tried to contact the association to find out what happened and the association is basically Ms. Linda Chapel because the governance. They say she still owns at least 20%percent of the lots and the park. She basically controls the association and we contacted her, submitted the drawings for the same exact same drawings that we submitted through the city and she basically responded by phone to us saying that she didn't agree with our proposition because she want us to use that side. However, this side of the building is used for 1 the tenant that's staying there. There was a contract in place with that company and they have two years in contract with an option to renew for five more years, so this portion here is used by the company that uses this one third of the building here. We use the two-thirds that's on the east side. The west side is used by our tenant here and basically we decided to ask Jonathan to move ahead with the hearing. We wanted to clear this with the city because we have planned for fencing and the landscaping to do here. The stock for granite slabs is not something that is when you first hear of outdoor storage you may think of. All sorts of objects that are stored there as containers, and other things but slabs are something that's neatly organized and have a close up picture. They are here. The former picture, we are going to have a close up picture. If somebody wants to take a look and see that's something that's well maintained and organized. Ms. Oliver: Okay. Mr. Scarpa: And I think if any of you have already shopped for granite, and sometimes the people confused what is the granite wholesaler,what wholesale is our case, we are not a granite fabricator,granite fabricator is usually a place where it's a lot of noise,dust, scraps of stones everywhere. We are just a wholesale distributor or we deal with all the full size pieces and there are no machines, no saws,no anything to process industrial stones. We just receive them from abroad and we ship them to our customers,this fabricator that I just mentioned. Ms. Oliver: Great,thank you,do we have any questions? Mr. Childress: Can I add something? Ms. Oliver: Sure, if you will come up and state your name please? Mr. Childress: My name is Michael Childress, I am the branch manager. I have been there for six years. Just a couple of things are that you know obviously we operated this business for six years with slabs outside, and also how about we have to take care of this conditional use permit. So obviously we applied the direct impact that it has on us as revenue because we reduced our inventory by 40%,has a direct impact on the business and that's just a negative thing. Ms. Oliver: Okay,great,thank you very much. Ms. Cartwright: We do have a speaker in opposition, Mr. Bourdon will come to podium, state your name for the record. Mr. Bourdon: Madam Chair for the record, Eddie Bourdon I am here representing Taylor Womack, the LLC that owns and developed the property as the architectural review committee. Back in December, this matter was on the agenda of the Planning Commission and prior to that meeting,my client contacted me about the fact that they had received no application whatsoever for the bulk storage yard in the parking lot in front of the building. I contacted and spoke to some young lady with the applicant and sent her the deed restrictions, highlighted the whole thing and explained to her that they needed to submit an application to the association that in all likelihood the association was not going to approve a bulk storage yard in the front of a building. A 2 building in which they leased out space that they could be using to store their material, I was told that they would do so. Ms. Chapel called me last week and said they have never received any application; I was interested to hear what I heard. She has never seen anything, never heard anything, I also explained to the lady I spoke to in December before the matter was deferred and explained that they seemed to be the maker of their own problem and that this large industrial parks are the more attractive ones in the area. Ms. Chapel, who lives across street, is very protective of making sure that it stays that way but that they might be able to work something out on a temporary basis. She assured me as did Bobby Beasley the realtor who markets the property, they have received no application. So having said all the above obviously you all can do whatever you wish to do with the application but the deed restrictions does not allow it and they will be stopped from doing it unless and until they get the approval of the architectural control committee, architectural review committee. I want to make sure everybody is aware that, we think it's a bad precedent to have a bulk storage yard in front of a building in a parking lot. It's poor management of their inventory that apparently puts them in this position and/or they leased out space. They shouldn't have leased out in their building but you know again I understand Staff recommends approval but that's not what the developer of the industrial park is going to likely abide by. Ms. Oliver: So I will say this being that this type of business, every granite place I have ever been to, stores their slabs of granite outside. That's just the nature of that particular business so. Mr. Bourdon: An outside on the side of the business outside somewhere other than the middle of the parking lot smack in the middle of the building was something else that they are willing to try to help them. But we cannot make them, you know, submit something. Although I understand the gentleman said that was the case both Ms. Chapel and Mr. Beasley both confirmed that they have not seen anything. Mr. Ripley: Yeah, I have a question, the slabs are they impeding the traffic through there too or are they are taking up the whole block? Mr. Bourdon: They was taking up part of their parking lot in front of the building. Mr. Ripley: So the drive aisle is still there? Mr. Bourdon: Where it is would cut off but what I believe is occurring is they have leased space to the left in their building and I assume they just used that. We are not suggesting that they have a parking problem. We haven't seen any indication that there's overflow parking. Mr. Ripley: Did they lease the whole building? Mr. Bourdon: The own the building, the applicant owns the building and no they leased out space in their building that they could use to store their material. Mr. Ripley: They leased it out to somebody else. 3 Mr. Bourdon: To somebody else that's correct. It's sort of like the Wal-Mart deal. Mr. Ripley: So they own the building that's why I was envisioning in that you mentioned. Mr. Bourdon: They own the building and they leased out space in their building and now they don't have enough space, I don't know all the sequencing of that. Mr. Ripley: They own the parking lot, they own the building, they want to put something in front that's not in line with. Mr. Bourdon: With the deed restrictions that the developer maintains and the architectural review committee maintains and they have not approved any. There are bulk storage yards in the industrial park absolutely,but they have never approved one. Mr. Ripley: Is there some way, you can work with them that they could accomplish? Mr. Bourdon: That's what my intent was in December and I indicated to the Staff if they would submit something, you know, on temporary basis maybe we can work with you but you know I have never seen anything. Of course, they didn't send it to me but Bobby Beasley and Ms. Chapel they have never received anything. Mr. Ripley: So if it was buffered somehow. Mr. Bourdon: There might be a way to make it less prominent and on a temporary basis, you know,they might be willing to abide by, again, it's a private deed restriction. I recognize that and you all don't enforce private deed restrictions but I want to make sure everybody understands it's kind of a fool's errand to be pursuing something that's not going to be approved by the association. They will enjoin them from doing it so they are better off. Mr. Ripley: So our vote doesn't matter today. Mr. Bourdon: Arguable that's the case, I mean, the other side of the coin is though when have you ever as a Planning Commission approved bulk storage yards in front of buildings and parking lots?. Mr. Hodgson: I guess my question is going back to you said the architectural review committee because of the deed restriction can override whatever we say, so as since our vote doesn't matter. Mr. Bourdon: That's correct, you can look at it in that way. Mr. Weiner: That's why we have to agree with this eventually. Ms. Oliver: Mr. Wall. Mr. Wall: There is an actual review committee that's part of the business park? Mr. Bourdon: For the industrial park,that's exactly right. Ms. Oliver: Mike did you have something? 4 Mr. Inman: They own the whole building and they have decided to lease out some space that's their business, they also want to use part of the parking lot of the building they own, I guess, they own the parking lot, they want to use part of their parking lot for this reddened area that's outlined here to display some stone. That's the bottom line. What they want to do and you know but for putting some fence around it, it would be permissible if they would put fence around it. I just don't see any problem with it. They want to do it. It's their building. It's their parking lot. They worry about the association and take their action as they see fit. Ms. Oliver: But I have been there, I have shopped there, it's not containers, its yard art basically. Mr. Bourdon: I am just telling you what my client has said and I am not disagreeing with any of your opinions. My client asked me to make sure we're very clear. Ms. Oliver: If it's not that intrusive, I mean, when you are there because you are there to look at it and usually in that particular type of material you asked them to bring it outside, I am just saying. Mr. Bourdon: I think the less said the better, because I am not really sure that it's permittable to have, you know, retail sales in the property to begin with. Ms. Oliver: Well that's true, we were just shopping, we didn't shop there, and we were looking. Mr. Bourdon: I am not trying to get anybody in trouble. Mr. Oliver: No, no, but we would just sight-seeing. Mr. Weiner: Just slipped out, did it? Ms. Oliver: They didn't sell, they can't sell to us. Mr. Redmond: I have an actual question for Mr. Bourdon; an industrial park has an architectural review committee? Mr. Bourdon: Yes. Mr. Redmond: Never known architecture to be a big concern in an industrial park. Mr. Bourdon: Ms. Chapel when she rezoned all the stuff many years ago, Mr. Browner wanted to make sure that there was control over what happened with there, again she is across the street, she is very involved and remains involved in what things look like out there from an industrial park standpoint. So that's absolutely the case and has been from day 1. Mr. Weiner: I have written many restrictions and architectural things for industrial and office parks. Ms. Oliver: Okay, thank you. The applicant would you like to come up. 5 Mr. Scarpa: Maybe I didn't make clear in the beginning because we would love to use the entire building but when we bought it, there was a contract in place with the other company that I said. They still have two years and then the option to renew for an another five. So it would be seven years from two to seven years, they still be there. It's not up to us. When we bought the building from Crestline, the contract existed already, so we can remove them from here and something temporary would resolve my problem. If the thing is allowing me to do like during these two or seven years, it will solve my problem because when I have the building entirely from my use of course, I don't need that. So that's common sense, and also we do not conduct any retail sales there. We are wholesale distributors so this is also a point that needs to be cleared. Right there are absolutely no points, no retail operations in our business. We did submit the application to Ms. Linda and she never replied officially to us. She only spoke to us by phone and she also mentioned that she wouldn't be willing to approve our request because she thought there was opposition from other business owners. Mike that's our manager here, he went from door to door talking to the business owners and even collected signatures from everybody and business cards and nobody opposes to our project. By the way, everybody had a common thinking that the association is not doing the job that they expecting to do. That's maintaining the common areas like streets. The weeds are tall in the streets. The signs of our business park are falling apart and collapsing. So this thing is that other business owners in the park brought to me when we are discussing our things. Oh, the association really cares for your slabs there. That's what we think they should be caring about. This is just an insight sharing some information that the other 20-25 businesses in the same park are, thank you very much. Ms. Oliver: Yes Ron. Mr. Ripley: Question, the space you occupied now is it full of slabs and this is access over into the street or into the parking lot? Is that what that is? Mr. Scarpa: Yes. Mr. Ripley: Is it, I asked the question to Mr. Bourdon. Is it blocking the drive aisle, inside of the drive aisle? Mr. Scarpa: No, this here is all parking and its own access from this side to the company there. Mr. Ripley: You are through that red area. Mr. Scarpa: No, because this is parked here and here is the park where we use here. This area in the center here is pretty much empty all the time as you can see in that picture there. There is a picture that shows if you can come back. You see this area is empty all the time because we use the parking lot here and the other company uses the parking lot that's out of the picture here, so the center of this yard here, it stays empty all the time. Mr. Ripley: I think I heard you say you want to occupy the rest of the building, did I hear that or? 6 Mr. Scarpa: That is correct. When the other company leaves the building of course, they have two years left in their lease contract with us and option to renew for more five, that's not a contract that we made with them, when we bought the building. Mr. Ripley: They have seven years? Mr. Scarpa: Yes from 2-7, if they decide to exercise or not the renew option. Mr. Ripley: If we had a conditional use permit, they gave you seven years? Mr. Scarpa: Perfect, exactly that would be all I ask, yes. Mr. Ripley: Thank you. Mr. Scarpa: Thank you very much. Ms. Oliver: Great any other questions?No, alright. We will close the hearing and open up to the Commissioners for discussion. Yes. Mr. Redmond: I have a couple of points. First off to Jeff s, Mr. Hodgson's question about whether or not is what we are doing is relevant at all, absolutely. These are two different processes, so City Council can grant a Conditional Use Permit for this and then Mr. Bourdon's client can feel free to sue this fellow if he thinks he is, if they are violating the deed restriction. What they do is their business and what we do is the city's business, and the city has to make a decision based on that. So I don't think it degrades one iota of our responsibility to judge fairly and then what private parties do between themselves either through negotiation or in a court of law is between them. That said, I don't see anything about this, that's objectionable. Lots of time that we approve bulk storage elements that are associated with industrial uses and it's generally based on where it is and what's the impact of the thing. It's completely indistinguishable to me, almost not entirely but almost. The front and the rear of this building, this is fronting Horse Pasture Road, not exactly known as a big bustling thoroughfare. As you can tell from the photographs, the area that they are using is extremely small. As Mr. Inman said, they own the building, so if they are impacting anyone, they are impacting themselves. I mean, I try and compare this to the things that we have done a number of different times. I just don't see how it's really anyway distinguishable. As for what Mr. Bourdon says about a possible deed restrictions, that's not our business that's between two private parties. So I don't see how this is any different than what we do nor do I see how is it anyway deleterious towards any other occupant of that business park, so that's my view. Ms. Oliver: Ron. Mr. Ripley: I agree with most of the things you said and I think it's exactly right, right on point. I think that the fact that it would be a, I am concerned about setting a precedent though. Everybody comes and puts all their materials in front of their building, this is going to look pretty slightly just like an objective Wal-Mart. I think that it's almost clearly like that but if he is 7 willing to except a seven-year conditional use permit term and then he could be able to move it inside, I think if that works for him. I think that's probably the best of all worlds and I'd like to see us add that to the conditions and I think that will work. Ms. Oliver: I think it's good, alright. Mr. Redmond: I will move we approve the application with the addition of the condition that use permit expires in seven years. Mr. Hodgson: I second. Ms. Oliver: Alright, call for the question. Ms. Cartwright: By the recorded vote of 9-0, item number D l has been approved with an added condition. Mr. Horsley: Madam Chairman I just want to make sure that we know that we are not setting a precedent here that we can take all these big shopping centers and make bulk storage yards in it. We need to understand that because that's one thing that I am strictly against the storage of even shrubbery and things like that out in front of the stores and all that. I don't think that's it. We approved the parking lot, it should be a parking lot. Ms. Oliver: No, I agree and I do want to clarify it was not retail shopping. I was there. Mr. Redmond: Too late. Ms. Oliver: No, it's not too late. Mr. Redmond: I want to be clear though Mr. Horsley this isn't a shopping center, this is an industrial park. Ms. Oliver: This is an industrial park. It was a wholesale thing. Yes. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE 8 ro REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "Proposed Site Layout" on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Evergreen shrubs, planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page 5 of this report. The shrubs shall be a minimum of 24 inches in height at the time of installation and shall be maintained to be no taller than four feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. 3. This Conditional Use Permit shall be valid for 7 years from the date of City Council approval. 9 LOCATION MAP WWI /8011551/70 /sty or —.T.,.., „ AIR MI, fG 15V NOW OR FORMERLY INDEP I, LLC GPIN #1477-45-1163 NOW OR FORMERLY (M.B. 196, PG. 34) INDEP II, LLC GPIN #1477-35-9047 (M.B. 2442, PG. 245) 1- 3 6 N 89'3723" ES '46' W 2°1551' Q6a0 24.28' A..28.3319'41' 188.78' R=208.50' Z S 891'37 23* AREA OF CLOSURE ro 9,812± SF clan 0.225± AC. w INOW OR FORMERLY cr p v. COLUMBUS 4692 ASSOCIATES LLCit....\ o N. • GPIN #1477-34-9747 oQi v•1 (M.B. 241, PG. 47) 3 U m z g pZ 1 0 NOW OR FORMERLY WEST NECK LLC GPIN #1477-44-2539 (M.B. 209, PG. 59) 1,TH OF D t i - 9 .L11.t -.6 Uc.No.19 310 0A 11.29.18 ass TONALGti - NOW OR FORMERLY CIN OF VIRGINIA BEACH /yy/�tdrJr.. GPIN #1477-44-0388 [SLG fJ1�ag• (M.B. 141, PG. 15) (!/.R la AK 15) EXHIBIT SHOWING STREET CLOSURE AT PORTION OF POTOMAC STREET S Site Improvement Associates, Inc. (UNIMPROVED) ICivil Enpin..re. Surveyor, 6 Slle COIMSClere A Where Engineering one VIRGINIA BEACH, VA Construction Co. ; SCALE: 1"=100' DATE: 11/29/18 100 50 0 100 200 500 J..sp.r C/..<.nl.Self.A Oeie. 1S1 611.000 CM..0..6..VA 23320 Fax 757.671.0200 scale feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of Columbus 4692 Associates, L.L.C. for the closure of a 9,812 sq. ft. unimproved portion of Potomac Street MEETING DATE: December 11 , 2018 • Background: Columbus 4692 Associates, L.L.C., a Virginia limited liability company (the "Applicant"), is requesting to close a 9,812 sq. ft. unimproved portion of Potomac Street (the "Right-of-Way"). The Right-of-Way runs east/west approximately 200 feet south of the intersection of Independence and Virginia Beach Boulevards. The Applicant owns the underlying fee in the Right-of-Way and intends to incorporate it into its adjacent parcel to the south and west. The owner of the adjacent parcel to the north of the Right-of-Way has no objection to the closure of the Right-of- Way. The Applicant is in the process of redeveloping its property into a retail shopping center and surface parking lot. The closure of the Right-of-Way will allow one of the buildings to lie parallel to Independence Boulevard and screen much of the parking lot. • Considerations: A portion of Potomac Street adjacent to the west of the Right-of- Way was previously closed, and the City no longer has a use for the remainder of the unimproved street. There is an existing underground stormwater pipe that will be relocated under specifications to be determined by the Department of Public Works. If the stormwater pipe is not relocated, the Applicant will be required to dedicate an appropriate easement to the City. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff is not aware of any opposition associated with the street closure application. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request on its consent agenda by a vote of 10-0. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Columbus 4692 Associates Page 2 of 2 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into Applicant's adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized easement satisfactory to the applicable agencies of the City of Virginia Beach shall be dedicated for all public infrastructure remaining within the Right-of-Way to be closed. Any relocation of public infrastructure is subject to review, requirements, and approval by the applicable agencies of the City of Virginia Beach. 4. The Applicant shall verify that no private utilities exist within the Right-of- Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. • Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - - . agency: Planning Department City Manager: L ► 1 ORDINANCE APPROVING APPLICATION 2 OF COLUMBUS 4692 ASSOCIATES, 3 L.L.C. FOR THE CLOSURE OF A 9,812 4 SQ. FT. UNIMPROVED PORTION OF 5 POTOMAC STREET 6 7 WHEREAS, Columbus 4692 Associates, L.L.C., a Virginia limited liability 8 company (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, 9 to have the hereinafter described unimproved right-of-way discontinued, closed, and 10 vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF CLOSURE 9,812+/- SF 0.225+/- 28 AC.", and shown as the shaded area on that certain street 29 closure exhibit entitled: "EXHIBIT SHOWING STREET 30 CLOSURE AT PORTION OF POTOMAC STREET 31 (UNIMPROVED) VIRGINIA BEACH, VA", dated November 29, 32 2018, prepared by Site Improvement Associates, Inc., a copy 33 of which is attached hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPINs: 1477-45-1163 & 1477-34-9747) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the Right-of-Way into the Applicant's adjoining parcel. The plat must be 49 submitted and approved for recordation prior to the final street closure approval. 50 51 3. An appropriately sized public utility easement satisfactory to the 52 Department of Public Utilities shall be dedicated for all public utilities infrastructure 53 located within the Right-of-Way. Any relocation of public infrastructure is subject to 54 review, requirements, and approval by the applicable agencies of the City of Virginia 55 Beach. 56 57 4. The Applicant shall verify that no private utilities exist within the Right-of- 58 Way proposed for closure. If private utilities do exist, easements satisfactory to the 59 utility company must be provided. 60 61 5. Closure of the Right-of-Way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council vote to close the Right-of-Way, this approval shall be considered null 65 and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before December 11, 70 2019, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before December 11, 2019, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents are 78 requested, if any, to convey such interest, provided said documents are approved by 79 the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and "COLUMBUS 4692 ASSOCIATES, L.L.C." as 86 "Grantee". 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 89 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ; err 1 1(/16(-4i Planning Department City Attorney CA14411 vbg ov.comldfs1\appIrcabonslcitylavAcycom321wpdocs1d029\p025\00435140.doc R-1 November 29, 2018 EXHIBIT A WAN XV/8011.111147 tar/or 'S5 NOW OR FORMERLY INDEP I, LLC GPIN #1477-45-1163 NOW OR FORMERLY (M.B. 196, PG. 34) INDEP II, LLC GPIN #1477-35-9047 (M.B. 2442, PG. 245) 3 N8y0i723' E S 19'41'46" W 1. 2 d�' 24.28' g A=28.33' 188.78' R=208.50' Z S 89'37 23e W AREA OF CLOSURE M 9,812* SF o r.n 0.225± AC. w-1 i NOW OR FORMERLY M Wo a. COLUMBUS 4692 ASSOCIATES LLC 0u_-'N • GPIN #1477-34-9747 Ort.- .7.". s a (M.B. 241, PG. 47) o r .. ., z, z�s:.- o NOW OR FORMERLY WEST NECK LLC GPIN #1477-44-2539 (M.B. 209, PG. 59) t,TH Op D t 0 „.., ,,,..0. LALF LM .. Uc. � r 0 °A 11.29.18 SSS TONALC;ti P. -.Ea--NOW OR FORMERLY CITY OF VIRGINIA BEACH 0,114161.6"3-71827- GPIN #1477-44-0388 N.B. 141, PG. 15) tea'ivIr (I/.d tel, f% !s) EXHIBIT SHOWING STREET CLOSURE AT PORTION OF POTOMAC STREET S Site Improvement Associates, Inc. (UNIMPROVED) 1 Civil Eng rneers. Surveyors. it Site Conr,.clors A Where Engineering end VIRGINIA BEACH, VA Construction Come Together SCALE: 1"=100' DATE: 11/29/18 100 50 0 100 200 000 Airilyer Creeeenl.Swim A OMR..757.07 UM00 VA 23320 fax 7574714211S scale feet Applicant Columbus 4692 Associates, LLC Agenda Item Property Owner City of Virginia Beach 7 Public Hearing November 14, 2018 12 c ��,, City Council Election District Bayside Virginia Beach Request Street Closure 11 wdw ke.e \y • Staff Recommendation s`..' '"'" "`" ""' ''� 1' 1 •I .n vn..t Ix, 4 Approval town .1b,' `"°".N«.,.,` Staff Planner Ashby Moss '.� °J i ? I • ro di E . Location /"'"Z t3 s1 CIIwI.M N,.M Potomac Street (unimproved) west side of - - - Independence Boulevard mia Adjacent GPINs a ��o .. Amb-- �� = 1477451163 & 1477349747 y,..• = �F, +,N t , i Site Size w"'a " '"w^,�,'. +�°7' 15,i. �, 9,812 square feet I` # AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District a Unimproved right-of-way/N/A W "�' '' , Iii... *. Surrounding Land Uses and Zoning Districts ., '' " _—— ` North - R - -- Strip retail building /CBC Central Business Core _� ' ____$ x; tie.li . South � I "^ .• � ';=i •i ---- 1 Gravel staging area, parking / CBC Central ! i. Ir '' " `� 4, Business Core ! - _ • - . ° f° •s, East ilr 4' 4- x , . Independence Boulevard ! d it Sandler Center /CBC Central Business Core -i- • West Construction staging area, parking /CBC Central -- -- - Business Core ` ° a - °i Columbus 4692 Associates, LLC Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant is requesting to close what remains of the Potomac Street public right-of-way located 200 feet south of the intersection of Independence and Virginia Beach Boulevards. The applicant owns the underlying fee of this 9,812 square foot area. • If approved, the applicant will incorporate the property into the 5.07-acre "Office Max" parcel (GPIN 1477-34- 9747) which surrounds the right-of-way to the south, west, and western 75 feet of the north side. The eastern 125 feet of the north side abuts a property under separate ownership (GPIN 1477-45-1163). The owner of this property has no objection to its closing now that the applicant has agreed to relocate the dumpster located on the building's south side. • The right-of-way proposed for closure is currently unimproved, covered by grass and other low vegetation. There is an existing 18-inch underground stormwater pipe that the applicant will relocate subject to specifications set forth by the Department of Public Works. • The five-acre parcel into which the right-of-way will be included was formerly a Kroger grocery store with surface parking and a stormwater management pond. The southern half of this property was recently redeveloped with two new retail buildings and a new surface parking lot. The northern half contains the remnants of the original parking lot and filled stormwater pond, which are currently being used for construction staging and parking for the Wegman's development on the applicant's adjacent parcel to the west. • The applicant has submitted with this application a site plan depicting a reoriented retail strip building parallel to Independence Boulevard with surface parking on the site's interior. The existing ingress/egress on Independence Boulevard lies just south of the reoriented building and will continue as the site's only vehicular access from the east. This access is on private property owned by the bank to the south, but there are reciprocal easements in place granting access to the surrounding properties. • The building architecture is of the same style as the other buildings in the center, with increased heights reaching the equivalent of two stories in places, variation in the vertical and horizontal planes, quality articulation and detail, and high quality building materials. c13 ,-11 cBCNrpinia Beach BoulevardZoning History # Request 1 STC Denied 09/12/2000 2 CUP(Religious Use)Approved 08/09/2011 L I, AREZ(B-3 to B-3A)Approved 05/10/2005 B k S(,.et 3 STC Denied 09/12/2000 4 CUP(Multi Family Dwellings)Approved 06/28/2005 CBC m �` CRZ(03/09/2004 t i /� 5 CUP(CommunicationsTower)Approved 01/23/1995 $ Cc, cce Street 722 J I_.,_.� 4 B C Columbus 4692 Associates, LLC Agenda Item 12 Page 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This application was first submitted in 2014 and indefinitely deferred at the June 11, 2014 Planning Commission hearing. Originally,Staff did not recommend approval because of the Pembroke SGA Plan's emphasis on expanding the urban street network to support automobiles,transit,bicycles,and pedestrians in our city's Core Central Business District.While the Pembroke SGA Plan identified two new east/west connections on this site to fill out the urban grid pattern,staff agreed that a single road placed between Virginia Beach Boulevard and Columbus Street would suffice to provide the desired connectivity.At the time,the applicant did not have final plans to redevelop the adjacent properties,so staff had recommended that the paper street not be closed until an alternative street connection was identified and agreed upon. Since that time,the applicant has moved forward with the phased redevelopment of these 17 acres in a traditional suburban shopping center layout.The existing vehicular ingress/egress on Independence Boulevard remains as the sole east entrance leading to a new parking lot with standard drive aisles and landscape islands.The street closure will allow one of the buildings on the previously approved site plan to be re-oriented so that it lies parallel to Independence Boulevard,screening much of the surface parking lot from the street.This layout is preferred over the original perpendicular orientation.Since there is no longer an opportunity to incorporate an east/west street connection and the City has no use for the remaining stub of right-of-way,Staff recommends approval of this Street Closure application. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Potomac Street into the applicant's adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized easement satisfactory to the applicable agencies of the City of Virginia Beach shall be dedicated for all public infrastructure remaining within the portion of the right-of-way to be closed. Any relocation of public infrastructure is subject to review, requirements, and approval by the applicable agencies of the City of Virginia Beach. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. Comprehensive Plan Recommendations Columbus 4692 Associates, LLC Agenda Item 12 Page 3 Potomac Street is located within the Central Business District, Core Area of the Pembroke Strategic Growth Area, as designated in the 2016 Comprehensive Plan and the 2009 Pembroke Strategic Growth Area Implementation Plan. One of the primary concepts for this district is to infill and expand upon the grid street pattern to open up connections through isolated suburban-style areas (p. 41 Pembroke SGA Plan). "The grid creates an organizational structure that will lay the foundation for future development that is more dense and urban and will create the opportunity for transit-oriented development" (p. 45). The Urban Grid Transition diagram on page 45 of the Pembroke SGA Plan (see page 8 of this report) shows a proposed road connecting east to west at Potomac Street and another between Potomac and Columbus Streets. These recommended roads align with Bank Street and Commerce Street across Independence Boulevard in Town Center. Upon closer consideration of these two recommended cross streets shown in the Pembroke SGA Plan, Planning and Traffic Engineering staff recommended a single east/west street aligned with the existing ingress/egress which is a safe distance from the major intersection of Independence Boulevard and Virginia Beach Boulevard. As the Pembroke SGA continues to experience growth and densification both inside and outside of the Town Center area, it becomes even more imperative to have a well-planned, interconnected street system that can accommodate automobiles, transit, bicycles, and pedestrians. Beyond serving just the movement of people, an urban street network will further define the pattern and sense of place being sought for this area of the city. Natural and Cultural Resources Impacts The site is flat and vegetated. There are no known features of cultural or historic significance. Traffic Impacts There are no plans or Capital Improvement Projects to develop this right-of-way as a street. Due to the paper street's proximity to the Independence/Virginia Beach Boulevard intersection and access to the lanes moving away from the major intersection, Traffic Engineering does not recommend that this right-of-way be improved as a street or vehicular ingress/egress at this location. Public Utility Impacts Water &Sewer There do not appear to be any City water or sewer services within this right-of-way. Columbus 4692 Associates, LLC Agenda Item 12 Page 4 Street Closure Exhibit I I VIRGINIA BEACH BOULEVARD 060RMW) 1\ I,*a/Parew, a c ,Ju(a $•AS4C(.4,S •SS u ,.4ce1 J. :roou;.,v Eli to,-.14 !e„a-7M.1 ti 042.,G W PM.410Ie43J4 rY Y!M.,G.4 — N89°37'23"'E S19"41'46"W NO°22'371N -��//I5 7{Y // 24A828. 33' 089'3T 23'11/ R=208.50 AREA OF CLOSURE / 9812.1-S.F ' I 0.225.1-ACRES a PARCEL 2-B re 1477-34-9/47 IPI AI) 5.07 ACRES(PLAT) . 2 ME.241.PG.47 }; .ar a `(14 m r� a• •Wolf a4• De!MS K DI (� W tar at taw.r mwSV:rel 4"4.3414,4i I. �— Z 48,x,2-I W ren NIH, a .a:�IA••IV.xt.wu' I W NS#4?R 41p 2 I I — COLUMBUS STREET(80'am) I\!i••.Pr. SIRIII CIOSURI IA111R11 Martin Scot( I'-100'$Sher Engineering PORTION OF POTOMAC STREET Dare o373I/2014I 1 (UNIMPROVED)TO BE CLOSED Pro7al• 20602 of I Inco Ir.n48wn wn...r :r IIr MAP WC)K 241,PAL!47 o...n CAO f°..• inr S'..pn+MB.A . ..1483! -rf71 p•98wu N.'...'41 Cor V1kG,IiA RtACN VIRGINIA e.n,... ...remota, Columbus 4692 Associates, LLC Agenda Item 12 Page 5 Proposed Concept Plan I '44111;1414141 i I ' 1 \ l — —— —----- ----- -- I— s_ s ---- -- wINw Ia01 MADAM y _. -- -- I 'f •✓ .1f1 _ .,.._ ._�. -. — — ---?-4 - - II 1 I4,fitlf t ,1 I _ .......---.........1.......---.........1r ii�) �; I � ��4C_ Ilij • I' -1.7100C WIWI KM V ❑ .r Y WACO 141,. is ' µ 0IIII �I 1 y4 ❑ :LYYmONMR•T4MYfi1:41'QY111AWIAVApMOtl.WO VW. 1e Ili i . Ili ! II I n;, ..'Y wiwo.m I i - I I IlII1l�`, 11(1 _ r I 1 I 1,,,n T I 1 i I � , " II s / i 1 : [11IIII .� . C 111111011111[10t" , '� ' � i d , I I © WE . 011110 I 1i1 Lk 3 =7-='-'- - y, Y` D 'ii r m=ii1Et w Columbus 4692 Associates, LLC Agenda Item 12 Page 6 Proposed Building Renderings i+"i 'J J �' ,.- -- ll } ( W x• .liy0il)w .40 TOWN CENTER I VIEW OF BUILDING "E" LOOKING NORTHWEST a F I N L E Y F)E SIGN MARKETPLACE ••••�•- CONCEPTUAL VIEW I 1.�ER TAVERN `\ F.SEAF‘191''''''' '.' .-7'2.:. . k --;' -------.7--- - - . '',. ., .. - I i : - - --- t ' . i ,, TOWN CENTER I VIEW OF BUILDING "E" LOOKING NORTHEAST I II FINLEY D S I N MARKETPLACE �•��"7•••G"•• CONCEPTUAL VIEW 2 I I SSI :E Columbus 4692 Associates, LLC Agenda Item 12 Page 7 Proposed Building Renderings r:: n : i ' i limo TOWN CENTER I VIEW OF BUILDING "E" LOOKING SOUTHEAST I F F I"N L E Y O E S I G N MARKETPLACE "'•""•• CONCEPTUAL VIEW 3 I •SSEEN i t_ `: / i A LI , . NM 1 TOWN CENTER I BIRD'S EYE VIEW LOOKING WEST 1 It F I N L ,V I l wSSSI o N MARKETPLACE "`�rrr�t CONCEPTUAL VIEW a I I 'S SIFE Columbus 4692 Associates, LLC Agenda Item 12 Page 8 Site Photo - .: .. •�,,,• F �l4tt•.r<. N • • -. .# - I .♦ +o 'er+ • NM Ifni I I II �`+s III rr rr_ MN ION= MOM - •. I. f -r p In r. - ff q eR" rN n+}�MF '..�+sie.�} l ,i - ~~ 41 ,'i,��',Y r "v _` !�,� , e - , , ''`+CZ 1„y . r \Gill 0 • , •.• L e iiii-ot.,.;4t.,..,'.:‘`.. f'.-Vi.C,`• '4-t.7 9:71 ,rar t ! ,e .r f rt•- Tt, -P..tr /J,. fir. / • t k+^ { r°s�-, +lir 'pat,,1� .� t '• ��•- • .i '. . ' . "' c. s ,'�' : '�ry� �r..�i f syr-X t r� ��\�r.''', l l• f • ' i4: \ �1, • 1,, w6... '1;_ ' : ,, 5 - i1, . 4.I"5 ,�;•- ' ,!� . • . rS �..- ` • 6 , ,i. •' qr :� a' / '�-k%RR'ty, 1' , r I ; - 4+y\: �N ,is`� Columbus 4692 Associates, LLC Agenda Item 12 Page 9 Pembroke Strategic Growth Area Urban Grid Transition = .0 . _ --±.- . ._ . c. = . . . — ...•-• • -."*"1- •- A ...g I— II t ••' 1 I .— .-f- r.„1.,-,----. : ,-- ;.•A, 1‘. i 'I I 4 . J ,..4,‘% 1 = 74410 r 11 I I -0 li il it. I h 1 I " ' i = .(..)..C..' • r.. , r ... t---',--0 t ; t , -, .. t... ....-:... ‘ ) • 1. .:.--. . _ J 31 (1141•41 i N' TTa . , i I 1 . • '.. ,.., • , • 4.,.... . .,.. / lAVENDIRIM — 40°1 IF , 11 - - - - - \ / _ 1J / - 7 '.4411 Z 0 03 _ o ./7- 1'- _ ul ra ° I cr - .,,,-,,,.:::.. l''\--.....,...--..,-;;::::..\ f ci, 1 ..._ . , ,. f V, g '4..Yik. -'• IV' .."I •c. f cu 'ila c .L., , , A 1.,,,N4* IL 0 w cL. . --,:-:- -- ',,::t-,.t- -,- I I I . _ . .,, A. .l.« •I.--4- 4 IN Columbus 4692 Associates, LLC Agenda Item 12 Page 10 Disclosure Statement +nyN Virginia Beach APPLICANT'S NAME Columbus 4692 Associates,L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for -- (EDIP) Board of Zoning Encroachment Request Rezoning Appeals — Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • _ • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit,Council meetin.,that pertains to the al.1 lication(s). o APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE' Columbus 4692 Associates, LLC Agenda Item 12 Page 11 Disclosure Statement 1/13 Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IXCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Columbus 4692 Associates LLC If an LLC, list all member's names: Michael D. Sifen, Manager; Larry K. Sifen, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if_property owner is clifigrent from Applicant. Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names• Page 2 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 12 Disclosure Statement 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) 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2 2.3101 2 `Affiliated business entity relationship" means `a relationship, other than parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ill a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business 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 entitles,"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLFTE THE SECTION SEPERATCLY Page 3 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 13 Disclosure Statement Nfi3 APPLICANT Virginia Beach YES NO SERVICE J PROVIDER(use additional sheets it needed) n ® Accounting and/or preparer of your tax return ® [j Architect/Landscape Architect/ Finley Design Architecture Land Planner Contract Purchaser(if other than Elrthe ApoikanV-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) 4 Construction Contractors ® ❑ Engineers/Surveyors/Agents Site improvement Associates,Inc.• Financing (include current Union Bank&Trust ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Servkes Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject property 'Martin Engineering 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 Columbus 4692 Associates, LLC Agenda Item 12 Page 14 Disclosure Statement 1/113 Virginia Beach C ERTIFICATION: 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 licatlon. _ ._ Columbus 692 Assn« C. BYf't//,.-_ ,r� i 4 .41 Michael D.Sifen,Manager (1_is.Ig _ APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Columbus 4692 Associates, LLC Agenda Item 12 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Columbus 4692 Associates, LLC Agenda Item 12 Page 16 Item #12 Columbus 4692 Associates Street Closure Potomac Street (Unimproved), West Side of Independence Boulevard District— Bayside November 14, 2018 CONSENT Ms. Oliver: Great, thank you, the next matter is agenda item number twelve and this is an application for street closure at Potomac Street, which is an unimproved right-of- way on west side of Independence Boulevard in the Bayside District. Is there a representative?Thank you. Mr. Bourdon: Thank you Madam Vice Chair, Chairman for the record, Eddie Bourdon, Virginia Beach attorney representing the applicant on this request. First of all I want to thank Ashby Moss for her diligent work on this application, which was filed in 2014 originally; all of the five conditions as recommended by staff are acceptable to my client. I did have a conversation earlier today with Kristine Gay who pointed out to me that when we filed the original application, she made a recommendation, written recommendation, we deferred and she pointed out to me that we had followed her recommendation and what is here before you today from four years plus later and it reminded me of a client that we worked with Kristine on a number of years ago on a development and after numerous meetings, he looked over to me when we were on the meeting together, she said well I know one thing, I know we are going to name the road in this development Kristine's Way, and sorry that we are losing Kristine but we will miss her very much and I hope everybody has a nice Thanksgiving. Ms. Oliver: Thank you. Is there any opposition to this application being placed on the consent agenda, hearing none, the chairman is asked Commissioner Redmond to read this into the record? Mr. Redmond:Mr. Chairman, this is an application of Columbus 4692 Associates, LLC for a street closure at Potomac Street beyond improved portion of Potomac Street on the west side of independence Boulevard, will come up with something related to Kristine Gaye, I guess at some future point. This particular unimproved paper street has been on the record for a very long time; however, in recent years,there has been an entirely new development plan, this is in the greater Town Center area by the way immediately adjacent to where the new Wegmans supermarket is being constructed. There is a plan associated with that larger development wherein this particular portion of unimproved roadway would simply make no sense. It's inconceivable to me in any way, in any event that you would have a road that close to a shopping center entrance and then also to the intersection at 1 Virginia Beach Boulevard, nonetheless when this is closed, this particular piece of property would be incorporated into what's called the Office Max parcel which is a part of this larger development, it makes for a much more coherent land use and a much more sensible pattern of development. There is no opposition to this application. The staff recommends approval and the commission concurs by consent. Thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, agenda items number three, four, ten, eleven, twelve, D1, and D3 have been approved. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Potomac Street into the applicant's adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized easement satisfactory to the applicable agencies of the City of Virginia Beach shall be dedicated for all public infrastructure remaining within the portion of the right-of-way to be closed. Any relocation of public infrastructure is subject to review, requirements, and approval by the applicable agencies of the City of Virginia Beach. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 3 1101 • \-----'1, 1 Fri \ ti% 3al _ e ��+, �1 ft° t A pea = =i= r- 'N` \,, %t • ,,_. ...:::: ,_., _______-------' (1\\ h. ., N.. \ . . . . . .. ______ s -— ' . - di \\ „. a _ S l=I r\ ,,, , r „ t ,__,,--\ , . 4.. __,_ L_______---- 'I . ..„,„1,.. ” _____ 1 ,.. • . 4 \NIX1 - - �.�--"'i N te_ 1 i__ _.. \in to______________\ 401- il _______r\-7.-------------- ,___\ \\ : �d�l, It 1 r \ \ I 1.IIN , II \ I\. \ \ . \ \IWN ' % ++. H; ltV iii CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DORIE E. MILLFORD AND A. CHRISTINE CARROLL [Applicants] DORIE E. MILLFORD, A. CHRISTINE CARROLL AND JOAN LEE [Owners] Change in Nonconformity for the property located at 4201 Ocean Front Avenue (GPIN 2418966348), COUNCIL DISTRICT — BEACH. MEETING DATE: December 11, 2018 • Background: In 2013, the applicants purchased one of the two single-family dwellings and a freestanding garage on the 7,000 square-foot lot. City records indicate that the applicants' house was built in 1930, prior to the adoption of the Zoning Ordinance. According to the application, in November 1984, instruments were recorded in the Clerk's office creating a two-unit condominium. The applicants are requesting to expand the second story living space of the home, which will include an upper level connection between the house and the garage, and a second floor to the garage. As the site is zoned R-7.5 Residential District, two single-family houses are not permitted on one lot. As such, in order to expand the footprint of the single-family home use, a Change in Nonconformity is required. • Considerations: The proposed second story addition is small in scale and will not have a negative impact on surrounding properties. Exterior building materials will feature vinyl siding and asphalt roof shingles that will match the existing structure. The addition will not extend any farther into the side yard setback than the existing structure. The proposed elevations are in keeping with the scale, proportion and design of the existing residence and with other residential structures in the vicinity. It is the applicants' intention to maintain the use as a single-family dwelling and not attempt to create a garage apartment for future short term rentals. No additional kitchen is proposed or will be permitted. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to the application. • 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. Dorie E. Millford and A. Christine Carroll Page 2 of 2 1 . The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "PROPOSED ADDED SITE COVERAGE", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. • Attachments: Ordinance Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Xi2-if- --- Submitting Departm- s Agency: Planning Department gliikCity Manager: .3:41,► 1 A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 4201 OCEAN FRONT AVENUE 4 5 WHEREAS, Dorie E. Millford and A, Christine Carroll, (hereinafter the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structure located at 4201 Ocean Front Avenue in the R-7.5 Residential 8 Zoning District, by the addition of a one story addition to the dwelling and a second story 9 addition to the garage on the parcel; 10 11 WHEREAS, this parcel currently contains two (2) dwelling units which is not 12 allowed in the R-7.5 Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach 16 recommended approval of this application on October 10, 2018; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed structure, as 21 expanded, will be equally appropriate or more appropriate to the zoning district than is 22 the existing structure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed structure, as expanded, will 28 be equally appropriate to the district as is the existing nonconforming structure under 29 the conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the expansion of the nonconforming structure is hereby authorized, upon 35 the following conditions: 36 37 1. The expansion of the building shall be in substantial conformance with the 38 submitted site layout exhibit entitled, "PROPOSED ADDED SITE 39 COVERAGE", revised 5/29/2018, and prepared by Hunter Bristow - Architect, 40 which has been exhibited to the Virginia Beach City Council and is on file in 41 the Department of Planning and Community Development. 42 43 2. The exterior of the proposed improvements shall substantially adhere in 44 appearance, size and materials to the submitted elevations entitled 45 "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 46 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised 5/29/2018, 47 and prepared by Hunter Bristow - Architect, which have been exhibited to the 48 Virginia Beach City Council and are on file in the Department of Planning and 49 Community Development. 50 51 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: 7-escc-tk_ Barry Frankenfield B. Kay Wilso Planning and Community City Attorn y' Office Development CA14520 R-1 September 28, 2018 2 AlBApplicant Dorie E. Millford & A. Christine Carroll Agenda Item Property Owner Dorie E. Millford & A. Christine Carroll and Joan Lee D 3. ,,„,, Public Hearing November 14, 2018(Deferred October 10, 2018) Virginia Beach City Council Election District Beach Request Change in Nonconformity I s,,. % Staff Recommendation o .e... t 0.404°s*". i' l " Approval (.....„,0,.... ,ox" '"----...., SIO.M.N 11R.. �01> Staff Planner 44,/, "" ' ` `� [��M , inim 0,4 Jonathan Sanders11111/4 . Location 4201 Ocean Front Avenue GPIN %, 2418966348 Site Size i ( \ 7,000 square feet q .- AICUZ J' 'A. 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District - } P - -� Single-family dwellings / R-7.5 Residential I ' 1 IIA 4, Surrounding Land Uses and Zoning Districts 1' k , _ :,,,:, North ,, \ ., .• ' ,. :`\ 42"d Half Street Two Single-family dwelling / R-7.5 Residential tr i As 1. �` South • , 44 +4 , rtt,t,, 42"d Street r :�. ^ ,r ' Hotel under construction /OR Oceanfront s ' �. r4-.. Resort • East 1 i fes ,1, , 't1 r. Ocean Front Avenue ( 4 r ` ,� '`, 1 Single-family dwellings / R-7.5 Residential :A + o *!'►AWest iniie Single-family dwelling / R-7.5 Residential Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 1 Background and Summary of Proposal • At the request of the applicant, the Planning Commission deferred this application at the October 10, 2018 public hearing. • In 2013, the applicants purchased one of the two single-family dwellings and a freestanding garage on the 7,000 square-foot lot.City records indicate that the applicants' house was built in 1930, prior to the adoption of the Zoning Ordinance. According to the application, in November 1984, instruments were recorded in the Clerk's office creating a two-unit condominium. • The applicants are requesting to expand the second story living space of the home, which will include an upper level connection between the house and the garage, and a second floor to the garage. As the site is zoned R-7.5 Residential District, two single-family houses are not permitted on one lot. As such, in order to expand the footprint of the single-family home use, a Change in Nonconformity is required. • It is the applicants' intention to maintain the use as a single-family dwelling and not attempt to create a garage apartment for future short term rentals. No additional kitchen is proposed or will be permitted. Exterior building materials forthe addition will feature vinyl siding and asphalt roof shingles that will match the existing structure. 6540 j as ONl • :. ,�„aN*�' at / --�_. Zoning History A _2 \ # Request L r 1 SVR Approved 02/06/2016 OR 162n6&M� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 2 Evaluation and Recommendation It is Staff's opinion that the proposed second story addition for additional living space is small in scale and will not have a negative impact on surrounding properties. The additions will not extend any farther into the side yard setback than the existing structure. The proposed elevations are in keeping with the scale, proportion and design of the existing residence and with other residential structures in the vicinity. Therefore, in Staff's opinion, the expansion of the second floor is very minimal and is a reasonable request. The applicant has provided five letters of support from surrounding neighbors. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the conditions below. Recommended Conditions 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "PROPOSED ADDED SITE COVERAGE", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which have been exhibited to the Virginia Beach City Council and are 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 This site is located in the Suburban Focus Area 7, North End, which is located on both sides of Atlantic Avenue from 42' Street to 89t' Street. This area is characterized by a compact arrangement of single-family and duplex dwellings units with much of the land zoned Residential Resort District (R-5R) and high impervious surface coverage and problematic topographic conditions, which create recurring stormwater drainage problems. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, wherever feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used. Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 3 Natural and Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic _ 42"d Street No Data Available 6,200 ADT 1(LOS" "C") 9,900 ADT 1 (LOS 4"E") Existing Land Use 2- 10 ADT Ocean Front Avenue No Data Available 6,200 ADT 1(LOS° "C") Proposed Land Use 3-10 ADT 9,900 ADT 1 (LOS 4 "E") 'Average Daily Trips 2as defined by a single- 3 as defined by a single-familydwelling 4 LOS=Level of Service familydwelling Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer services. Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 4 Existing Site Layout 42ND 1/2 STREET (20') 44' (A' ) • F.44* (ALLEY)50.00' S 8745'00- E • ? 33.0* ' 0 kL 1.0'_ 2 STORY 10' FRAME Z.1 HOUSE _ i.N UNIT #4203 ..+ 4.75' v 31.0 o n 8 PORCH W/ ♦ ~ o DECK ABOVE \,■ O `— 18.0' r0.3' 0.1' 4" BRICK 50.00 I 'A WALL PIN(F) ON LINE— 25.2 2 5.3' STORY v FRAME 1 O 3' BRICK u GARAGE L= CN WALL La 19.4' O 0 25.2' W o ri - --1 0.2' D 0 Q 0.5'I 3 16.5' " -- J Po 1 u v w 0 1 _ Q z 10'7' 1-14U 5.4' 9 N 00 O r10.1' 0 1 ri - r'' or in 01 $ 2 b STORY 0 n rj I i~ BRICK N AND too FRAME HOUSE UNIT #4201 • 4' BRICK WALL i10.7 -6.2' 1 a o N 10.6' v 7.0 .-+ 10.7 FENCED 1 I 14.9' kr PIPE (F)J 1.0' 50.00' S 8745'00- W PIPE (F) 42ND STREET (50') Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 7 Proposed Site Layout 42ND 1/2 STREET (20') (ALLEY) 50 00' S 82'45'00' E I STORY HOUSE 1:A.4),:rt. UMt /+203 PORCH M/ ♦ • OEdt MOW \,. lilt_ Proposed deck Proposed WN^ o 2nd floorti ., addif.t } . z ._. p -4- - W 1 • z --J a cc w . 1 Li _ i 0 • III Existing house N . 42ND STREET (50') Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 8 Proposed Elevations rIllb 1-_),7,-,,.2-2,,5F �_ __ 111- __- dui. _f5?--.M■ - ODE 1100 _=^000000 = _ D II ` onto = 000000 4201 OQEAJlONf At 4203 oCeAtnONf Avt XI511NG CONnI110N5 NOs TO 1H5 C0000 A.-______.--.-- , __,.:, 7.__.-..,--_--. in mi i1/71& _ MIMI Pillil - , -_ ■ ________ 111 - III —lam q _ ' __., = -- 11111111 111111111111 1111111 11111 �1 = c�00000 II . 000000 ■ - OODOOO __ 000770 4201 OCRANPRONT hit 4205 OaANFRONT AW NO P OPO55tP �XPAN5ION 1- VA-110N a 5 t0 tFiS Cowo Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 9 Site Photos . t� -.QIN ` 't ■I i f � Ii�ll ' III I '(/ ASI - 1 `% y- ,n taw _ .jl _. t t c.ric.. 7. -.r. �a } I • a ' L 7.51n,.4,.,'::,-1-(,---, k, ' 4,' „"4 4` tyiw. A---,! n-Ito. N -$' I` i. '`itNi - I } • Y 1 .- l 1' IMM k ..y���! - ' ,„f. + ' 'r' 1 Nib , -, i _.... .,.. .., . , ...1 ----------..c. ; - , jOitiLr :_r_.. it: t, , , Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Dorie E. Millford &A. Christine Carroll 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 • --U The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applications: o APPLICANT NOTIFIED OF HEARING DATE. o NO CHANGES AS OF DATE: In REVISIONS SUBMITTED DATE • Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 11 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Dorie E. Millford &A. Christine Carroll Agenda Item D1 Page 12 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 Conflkt of Interests Act. Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 13 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of your tax return (�( n Architect/ Landscape Architect/ Hunter Bristow-Architect ' I Land Planner Contract Purchaser(if other than IXthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ �/I purchaser of the subject property V N (identify purchaser(s)and purchaser's service providers) ❑ IX Construction Contractors 17 Engineers/Surveyors/Agents DKT Associates Land Surveyors Financing (include current ❑ (� mortgage holders and lenders �I selected or being considered to provide financing for acquisition or construction of the property) Legal Services Leslie Watson-Wolcott Rivers Gates Real Estate Brokers / ❑ A Agents/Realtors for current and 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 ❑ 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 Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 14 Disclosure Statement 71/413 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 Ap.lication. _ 1. '� / ,Q CIf7f py ( jC�Coa- 5/s�i4Y O' t�TY• BR'S SIGNATU PRINT NAME DATE Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ▪ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 1 � 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:Joan Lee If an LLC, list the member's names: Page 2 of 7 Dorie E. Millford &A. Christine Carroll Agenda Item D1 Page 16 Disclosure Statement OWNER Virginia Beach YES I NO L SERVICE PROVIDER(use additional sheets if needed) 1 Accounting and/or preparer of your tax return I 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) • MConstruction Contractors Engineers /Surveyors/ Agents Financing (include current III CI 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 -4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 17 Disclosure Statement .�cct,n S , lems. ii,Za3Ocoanr-r Y{ \113 Vhsibia Beach CERTIFICATION: I certify that all of the information contained In this Disdosure 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. Q __ t -cs�Ll�•4_s2 JccLn 5. Ick__ 9-4-N OMR% IGMAtUaa_ PRINT NAME DATE Page 7 of 7 Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Dorie E. Millford & A. Christine Carroll Agenda Item D1 Page 19 Item #D1 Dorie E. Millford and A. Christine Carroll Change in Nonconformity 4201 Ocean Front Avenue District— Beach November 14, 2018 Consent Ms. Oliver: Thank you. The next matter is agenda item number D1, and this is an application for a Change in Nonconformity on property located at 4201 Ocean Front Avenue in the Beach District. Mr. Watson: Mr. Chairman, members of the commission, my name is Les Watson, I am a local attorney, and I represent the applicants. We reviewed the conditions and we are in full agreement. Ms. Oliver: Thank you very much. Is there any opposition to this application being placed on the consent agenda today? Hearing none, the Chairman has asked Commissioner Hodgson to read this into the record. Mr. Hodgson: Thank you Ms. Oliver. The applicants are requesting to expand the second story living spaces of their home which will include an upper level connection between the house and the garage and a second floor to the garage. As the site is zoned R- 7.5 Residential District, two single-family houses are not permitted on one lot. As such, in order to expand the footprint of the single-family home use a Change in Nonconformity is required. It is the applicants' intention to maintain the use as a single-family dwelling and not attempt to create a garage apartment for future short term rentals. No additional kitchen is proposed or will be permitted. Staff finds request to be acceptable and recommends approval. The Commission agrees and we have placed in our 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 ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, agenda items number three, four, ten, eleven, twelve, D1, and D3 have been approved. CONDITIONS 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "PROPOSED ADDED SITE COVERAGE", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised 5/29/2018, and prepared by Hunter Bristow - Architect, which have been exhibited to the Virginia Beach City Council and are 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. 1 V-----' , ., ...----- __,\ • _- ..--- --- '-\,-----\S \\......... .................." .,_, I ' ----"" -A....--- -\- .--\---. • i. 0 ...----- ..-- . .., ,-- - . ...- __.--," (f.--- --- \ \ _,..--- ..-.-- -- ---, _,- „,- ----''-- .---- ._----..------- . ----I -gr-- \\ .---- .............„___.----... .0 ---------- - N°1441‘ ' -itill° -------- / _r1,______ IS is 01 -..____________.-7 -- :, •"":---:: 70. \ '‘c. ..--'.--- ..- -- .-• ..- ..." •• ..•-•%,. \ 0. ..-.- TT 0 \ ... _____:...;._.___ .._, volott•le..... I 1 .--- 4.2 '------ ---,,- r--- --- ------ -- i•'".'"-- ._.-----1 ----. . s,z44\t,:, \S. . ---- --\ \ .-- s,c,\, ..\0, . IkNx ----k, , 'A NI\oct , . ; ‘ ).6..\ \.-- ,---vp\ig Vt• \\ T\\ , — NI \ •-A.---3- i 1 • N.,. ( \ 'Cio • -\I ... \ 4 . ........--•,1--"--- 0 I . \--\\-. C)0 ''''• ,s_....---• Alt CD ---,---- T .-- -- • \ ilibi \ \ \ ....._,...e \ •k ....... 1 III \...._-•''' 44‘1 1 - c) 00 ...., (tiNf) .4000100,i.-,44-4444 .-\-_ \------s \ ) 0 , .„... ci.... -N ......,\.--t-s . . . . • 1•• ..--"-- _. .,..... _ . ,.-,5,, , .\• \ ......... ......____... N '`'"--_,______________ C V:-\ --\ \ \ .. -------- --- ------- ....._. 0 \.. S,.----• • %. i \ 4 - •--f-!..4 UTI-0-3 \ , L-z..1-/ n i i -'--- ----- - -t---------.v--,.---- 9 - _. FD ' ia.. — t _As . E— ii A• rs N1 04.. .1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: POTTER PROPERTIES GROUP, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Farm Stand) for the property located at 1065 First Colonial Road (GPINs 2408535486, 2408534687). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: December 11, 2018 • Background: A Conditional Use Permit for a Farm Stand was granted on this site by City Council on December 3, 1996. A 1 ,000 square-foot farm stand was built along with a greenhouse and several sheds. The farm stand was operated by the same lessee for over 20 years. When this tenant vacated the site, the greenhouse and sheds were removed from the property. On March 15, 2016, a Conditional Use Permit was approved to construct a 2,500 square-foot addition to the existing farm stand building. Condition 6 of the Conditional Use Permit permitted a portable restroom facility to be placed on site for a period of one year until the proposed additions to the farm stand were complete. Once complete, a permanent ADA complaint restroom facility would be constructed. The addition to the farm stand building was never constructed and the permanent restrooms were never installed. The owner does not intend to expand the existing farm stand building and is seeking a modification to Condition 6 of the Conditional Use Permit to eliminate the requirement to construct an ADA compliant permanent restroom facility on the site. • Considerations: Currently, there are two portable restrooms on the property. The applicant is requesting that at least one portable restroom remain to accommodate employees and customers. A condition is recommended that requires the applicant to provide at least one ADA compliant portable restroom with a hard surface walkway accessible to and from the farm stand. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not unaware of any opposition to this modification. ■ Recommendations: 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. Potter Properties Group, LLC Page 2 of 3 All conditions of the December 3, 1996 & March 15, 2016 Conditional Use Permits shall be deleted and replaced with the following conditions listed below: 1 . Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 2. At least one ADA compliant portable restroom facility must be provided on site. The portable restroom facility must be accessible with a hard surface walkway that connects to the farm stand. All necessary permits shall be obtained from the Department of Planning & Community Development Permits and Inspections Office prior to construction of work. If future expansions to the farm stand are approved by City Council, an ADA compliant permanent restroom shall be constructed. 3. There shall be one vehicular access point allowed from First General Parkway, as shown on the site layout. There shall be no direct access permitted from First Colonial Road. 4. The site shall be permitted to have no more than three signs, one of which may by a freestanding sign. A separate permit from the Department of Planning & Community Development, Zoning Office, shall be obtained prior to the installation of any signage. 5. The two parcels located to the north of First General Parkway (GPINs 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. 6. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs, breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 7. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty (50) feet of the property line Potter Properties Group, LLC Page 3 of 3 adjacent to First Colonial Road. All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•artment/Agency: Planning Departmenapr------ City Manager: Applicant & Property Owner Potter Properties Group, LLC Agenda Item Public Hearing November 14, 2018 City Council Election District Lynnhaven 3 roof Virginia Beach Request Modification of Conditions(Farm Stand) ‘....1--t 404 fS 7041111 III iiii II ir Staff Recommendation Approval ... to Staff Planner �► fa Marchelle Coleman rr Location , fal16111-101065 First Colonial Road 401100111111111*.* au.....c SeM.J.ri Why 11. - GPINs i0S0 2408530661, 2408535486, 2408534687 Site Size 11611o �� VII 7.32 acres AICUZ �–•+ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Farm stand, cultivated fields /0-2 Office by y .. .-.' AP' Surrounding Land Uses and Zoning Districts = -.North - .)\ -ti Old Donation Parkway ": )16"11,... ,�� Office,multi-family dwellings/ 0-2 Office,A-18 - • = ` 1 r� 1 Apartments '.. ' ' - * South 'TT"`;� %. Office,multi-family dwellings/ 0-2 Office,A-18 ' 4.44"' .0 Apartments - ,j4 + s lirl.la. na. , East • ` � :t First Colonial Road �% i _ r,,. Hospital/0-2 Officey' �'' r ,' - West - Multi-family dwellings, private school/A-18 '- •'", r)r 'Il ' n' ; Background and Summary of Proposal • A Conditional Use Permit fora Farm Stand was granted on this site by City Council on December 3, 1996. A 1,000 square-foot farm stand was built along with a greenhouse and several sheds. Crushed shells were used to cover the parking area.The farm stand was operated by the same lessee for over 20 years. • When this tenant vacated the site, the greenhouse and sheds were removed from the property. • On March 15, 2016,a Conditional Use Permit was approved to construct a 2,500 square-foot addition to the existing farm stand building. Condition 6 of the Conditional Use Permit permitted a portable restroom facility to be placed on site for a period of one year until the proposed additions to the farm stand were complete. Once complete, a permanent ADA complaint restroom facility would be constructed. • The addition to the farm stand building, which was approved by City Council in 2016, was never constructed and the permanent restrooms were never installed. The owner does not intend to expand the existing farm stand building and is seeking a modification to Condition 6 of the Conditional Use Permit to eliminate the requirement to construct an ADA compliant permanent restroom facility on the site. • Currently, there are two portable restrooms on the property. The applicant is requesting that at least one portable restroom remain to accommodate employees and customers. Z�,'� �.ildiV , -• , 0.2 s.---`' .* ‘31/4- . '-r r �� �\ 1 \ Zoning History • �r _� - 0 # Request i _ \ 1 CUP(Farm Stand)Approved 03/15/2016 4j/ / 3 '� CUP(Farm Stand)Approved 12/03/1996 � , �/ REZ(R-4 to 0-1)Approved 08/14/1978 �i / � � �.. 2 SVR Approved 01/22/2008 r � 0,, fir �,ii ��/ 3 CUP(Hospital)Approved 05/27/2003 la � CUP(Hospital)Approved 05/07/1963 O)© �.��' __ 4 REZ(A-2 to 0-1)Approved 03/09/1987 \ t ! c� ` , L \ 5 REZ(A-1 to 0-1)Approved 04/10/1978 4A.36 Ll f� �,� �� 0 �, .. \ _A-- , Application — Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance RQ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation This request for a Modification of Conditions is acceptable. As stated previously, the applicant intends to modify Condition 6 of the Conditional Use Permit to eliminate the requirement to provide a permanent ADA compliant restroom facility. Staff is recommending a condition that requires the applicant to provide at least one ADA compliant Potter Properties Group, LLC Agenda Item 3 Page 2 portable restroom at this location.The portable restroom facility must have a hard surface walkway that is accessible to and from the farm stand. If for any reason an addition to the farm stand is approved by City Council in the future, the applicant will be required to construct an ADA compliant permanent restroom on the site. Staff recommends a condition to address this requirement to avoid any confusion in the future. Staff is not aware of any opposition to this request. Based on the considerations above, Staff recommends approval of this request subject to the modified conditions below. Recommended Conditions All conditions of the December 3, 1996 & March 15, 2016 Conditional Use Permits shall be deleted and replaced with the following conditions listed below: 1. Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 2. At least one ADA compliant portable restroom facility must be provided on site. The portable restroom facility must be accessible with a hard surface walkway that connects to the farm stand. All necessary permits shall be obtained from the Department of Planning & Community Development Permits and Inspections Office prior to construction of work. If future expansions to the farm stand are approved by City Council, an ADA compliant permanent restroom shall be constructed. 3. There shall be one vehicular access point allowed from First General Parkway, as shown on the site layout. There shall be no direct access permitted from First Colonial Road. 4. The site shall be permitted to have no more than three signs, one of which may by a freestanding sign. A separate permit from the Department of Planning &Community Development, Zoning Office,shall be obtained prior to the installation of any signage. 5. The two parcels located to the north of First General Parkway(GPINs 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. 6. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs, breads and other baked goods, fresh seafood,poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 7. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty(50) feet of the property line adjacent to First Colonial Road.All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. 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. Potter Properties Group, LLC Agenda Item 3 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmentfor 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 located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, and effective buffering with respect to type, size, intensity, and relationship with surrounding uses. (pp. 3-1 to 3-3) Additionally, this site is located within the Suburban Focus Area 5, First Colonial Medical Corridor. Priority within this corridor should be given to infill or redevelopment proposals that complement the area's medical and health care activities. (p. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. A majority of the site is under cultivation. The site is unique due to its agricultural use within the northern and more densely developed portion of the City. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT 1(LOS 3 "C") First Colonial Road 39,084 ADT 1 27,300 ADT 1(LOS 3"D") 31,700 ADT1(LOS 3"E") No Data Available' 13,100 ADT 1(LOS 3 "C") Old Donation Parkway 8,041 ADT 1 20,700 ADT 1(LOS 3"D") 22,800 ADT 1(LOS 3"E") 1Average Daily Trips 2as defined by a farm stand 3 LOS=Level of Service Public Utility Impacts Water&Sewer This site is not served by City water or sanitary sewer service. Potter Properties Group, LLC Agenda Item 3 Page 4 Site Layout L) 7 M -0 4) . - ----1\----1'r'11 a) o 0 ----- ., --- :------ i o -- , tso .S. tri 0 - c bin ...S Fo . .... Z`n u.1 E 'r7) ul cz. 11. a u. .A• , , . . ./c.s..Tn'''''''' ', ,\ .,\ ., \ .,,, , \ sia 0.. 1._ . _. ,.. -1-.1). - • 6) - 6. „..,-., C. (1 .ti) 1:6 ' 6) 6 \ \ ... IA *-- tl- \..._.(:. • '.;') X ll) . 0 • \ '\ t.•56‘ • .....---57----7/.• 'q V- .._ , •, ----, --„, , -.------- ----- \ % - - --- • ._„ _Peoel IJ!AI ki)uno9 . , r ; , Potter Properties Group, LLC Agenda Item 3 Page 5 Site Photos „. it - `Y..e, .#r.a j••., , ,i Z 0 s 1 !!...er”"Alr / / ! as .. • 'h, • 1 '�' -�'. _ . 13, t Y Al ' "Y • �. --,i,.*:.----- .. ,J+ ice. r_. • Potter Properties Group, LLC Agenda Item 3 Page 6 Disclosure Statement \43 Virginia Beach APPLICANT'S NAME Potter Properties Group, 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! • • %(2)weeks; Page 1 of 7 Planning commission and City Council mer to the application • APPLICANT NOTIFIED Of I ATE E NO CHANCES AS OF ATE11120 ,)$�11Z-/ Marchelle L Coleman ▪ REVISIONS SUBMITTED )ATE Potter Properties Group, LLC Agenda Item 3 Page 7 Disclosure Statement .V3 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:Potter Properties Group, LLC If an I I C. list all member's names: John R. Potter Revocable Trust,Walter R. Potter, Manager, Gordon B. Potter Trust, G. Brock Potter,Jr., Manager, Dean S. Potter Trust, Deane Potter Zimmerman, Manager It a CORPORA!ION, list the the names of all otticers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotes/ and 2 --4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different front Applicant. O 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 Potter Properties Group, LLC Agenda Item 3 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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of tht 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 Potter Properties Group, LLC Agenda Item 3 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • nAccounting and/or preparer of your tax return • (X( Architect/ Landscape Architect/ VV vv Land Planner ❑ Contract Purchaser(if other than the Aoalicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ N( purchaser of the subject property �1'N (identify purchaser(s)and purchaser's service providers) U [R Construction Contractors Engineers/Surveyors/Agents Financing (include current xi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / • riv 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 ❑ 1--"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 Potter Properties Group, LLC Agenda Item 3 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 Applicatio . 00— W Le=n- -R nif Y/4/6 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Potter Properties Group, LLC Agenda Item 3 Page 11 Item #3 Potter Properties Group, LLC Modification of Conditions 1065 First Colonial Road District— Lynnhaven November 14, 2018 CONSENT Ms. Oliver: Thank you Mr. Chairman. This afternoon, we have seven items on the consent agenda, the first matter is agenda item number three. This is an application for a Conditional Use Permit, communication, oh wrong one, sorry. This is an application for Modification of Conditions for a Farm Stand on property located at 1065 First Colonial Road in the Lynnhaven District. Is there a representative for this application here today? Come on up. If you will state your name for the record please? Mr. Potter: Walter Potter. Ms. Oliver: Great, thank you and are the conditions set forth in the application acceptable to you? Mr. Potter: Yes ma'am. Ms. Oliver: Okay great, thank you very much. Mr. Potter: Thank you. Ms. Oliver: Is there any opposition to this matter being placed on the consent agenda today, hearing none, the Chairman has asked Commissioner Horsley to read this into the record. Mr. Horsley: Thank you ma'am. In 1996, a Conditional Use Permit for a Farm Stand was granted at this location. It was a 1000 square foot stand. It was built along with the greenhouse and some sheds. It operated over 20 years with the same tenant. In 2016, the tenant vacated the property and a new tenant took over and wanted to expand the site and they came and they got a Use Permit to construct a 2500 square foot addition to the Farm Stand. Along with that condition, permitted a portable restroom facility to be placed on the site and used for a period of one year and once complete, a permanent ADA compliant restroom facility would be constructed. Well, the next year, the tenant vacated the property and the restrooms were never constructed. So, the owner of the property would like to have some of those conditions changed and one of them being the removal of the requirement to build a permanent ADA restroom facility. The owner has no plans on expanding the facility. Staff has recommended that the condition be removed, but they want at least one ADA compliant portable restroom remaining on the site.So,the Commission thought this was a reasonable request and we didn't have any opposition, so we placed it on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT l HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, agenda items number three, four, ten, eleven, twelve, D1, and D3 have been approved. CONDITIONS All conditions of the December 3, 1996 & March 15, 2016 Conditional Use Permits shall be deleted and replaced with the following conditions listed below: 1. Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 2. At least one ADA compliant portable restroom facility must be provided on site. The portable restroom facility must be accessible with a hard surface walkway that connects to the farm stand. All necessary permits shall be obtained from the Department of Planning & Community Development Permits and Inspections Office prior to construction of work. If future expansions to the farm stand are approved by City Council, an ADA compliant permanent restroom shall be constructed. 3. There shall be one vehicular access point allowed from First General Parkway, as shown on the site layout. There shall be no direct access permitted from First Colonial Road. 4. The site shall be permitted to have no more than three signs, one of which may by a freestanding sign. A separate permit from the Department of Planning & Community Development, Zoning Office, shall be obtained prior to the installation of any signage. 5. The two parcels located to the north of First General Parkway (GPINs 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. 6. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup,jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs, breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 7. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty (50) feet of the property line adjacent to First Colonial Road. All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. 1:-=-" , .._,.7. .j...L... ..1.., 11/ j i / 7 r:13 r`--.-, ----il;4- • 4 �+a I I .' I as 0. C =1dil -� ,--___________::: 41), 01 C3 ib a E3i c� �— J - - a L-----d r;:i a~g:I7 i 0 r 0 CaD ici'-- ° 0 Q if) -- ----� . cj ' I. aMA as `--� _ � Qs 1 "h C::] -At •: If.c 7) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LITTLE WARRIORS CHRISTIAN ACADEMY [Applicant] ST. FRANCIS EPISCOPAL CHURCH [Owner] Conditional Use Permit (Child Care Education Center within a Religious Use) and Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 509 S. Rosemont Road (GPIN 1486680782), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: December 11, 2018 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within the St. Francis Episcopal Church. The applicant is also requesting a Modification of the Conditional Use Permit for a Religious Use, which was approved in 1964, in order to add signage beyond requirements of Section 240.1 (c) of the Zoning Ordinance. The Child Care Education Center (preschool) will be limited to 3,094 square-feet of classroom space within the existing church. The anticipated maximum enrollment is 60 children between the ages of six weeks to five years old. Four staff persons are expected to be employed. The proposed hours of operation are from 6:30 a.m. to 6:00 p.m., Monday through Friday. The adjacent City Park will be used as a safe play area for the children to play outdoors. No changes are proposed to the site layout or to the exterior of the building. It is anticipated that the existing on-site parking spaces will be adequate for the school and for the existing church uses. Section 240.1 (c) of the Zoning Ordinance states that in Residential Districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage approved as part of a Conditional Use Permit. The church proposes to maintain the two existing signs at each entrance, one of which exceeds the square footage limit, as well as maintain the existing non-conforming sign located on the northeast corner of the property at the Rosemont Road intersection. Furthermore, the preschool intends to replace the existing temporary sign on the site, near the intersection, with a permanent sign in the same location. All signage may be approved by the City Council through the Conditional Use Permit process. Little Warriors Christian Academy Page 2 of 3 • Considerations: The proposed Child Care Education Center will provide additional educational opportunities for preschool-aged children and will serve the community with no anticipated adverse impacts to the surrounding uses and properties. The placement of the existing signs is orderly and attractive. Despite the fact that two of the signs are non-conforming, none of the signs will detract from the appearance of the property nor adversely affect pedestrian and vehicular traffic safety. 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 these requests. • Recommendations: 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. Modification of Conditions (Religious Use) The conditions of the 1964 Conditional Use Permit for Religious Use shall be deleted and replaced with the conditions below. 1. The number of occupants shall be as established by the Building Official's Office. 2. The Religious Use shall maintain good standing and be in compliance with all permits and inspections from the Department of Planning & Community Development / Permits and Inspections Division and the Fire Department. 3. Signage for the Religious Use shall be in accordance with the following: a. No more than one freestanding sign shall be permitted at each of the two entrances. b. No sign shall have more than two faces. c. All signage shall be limited to locations as depicted on page 3 of this report and limited in sign area as depicted on page 8 of this report. d. Any freestanding signage shall be no taller than eight feet, and externally lit. Conditional Use Permit (Child Care Education Center) 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. Little Warriors Christian Academy Page 3 of 3 3. Signage for the Child Care Education Center shall be in accordance with the following: a. No sign shall have more than two faces. b. Any freestanding signage shall be no taller than eight feet, externally lit, and shall be located as shown on page 3 of this report and limited in sign area as depicted on page 8 of this report. c. The temporary sign shall be removed within 90 days from the date of approval by City Council. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of a new sign. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•artm- i Agency: Planning Department City Manager: %.'i lApplicant Little Warriors Christian Academy Agenda Item Property Owner St. Francis Episcopal Church Public Hearing November 14, 2018 Ctitgnl City Council Election District Rose Hall Virginia Beach Request Modification of Conditions (Religious Use) Conditional Use Permit (Child Care Education imosowel n V! Center within a Religious Use) "'`"°'� I l I 1 92 4,, ::::::::::D.'::::::""Tfs: ��,Staff Recommendation _ P,,,,,� _ ' :Pi) �coborl y,rkw,y ti�Approval ./shdi`A�e,D.; '1As � i� � � s;�;,,o.hR J'. Staff Planner ! r ° r .^� Robert Davis . j I r I & / ' 0 6 -70 dB ONL 70.73 d8 DNLt Location -- --'41141flit.``" `/Z <` tiiz o 509 S. Rosemont Road -- - - - 1 i GPIN a e� )i e �° 1486680782 / F,,,�,�"`"" ?L o _� �,� r W.I'M,''Road 114'.'Gia / C./ha Site Size V400dSOPeRq,d -,ward `L 4.0 Acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Church/ R-7.5 Residential t : ,ice o r" t .r r, �: �' r K} ? ,4 .-, Surrounding Land Uses and Zoning Districts �' '' !' '"= North _ � � ' ! ,� a' �' r. 'n t ..� i r Kings Point Road — , c' /,7i„ , `` .5. Single-family dwellings/ R-7.5 Residential 'c. - ry South 1cf Stormwater facility/ R-7.5 Residential � iL,� , `'" ei East ,r.•/ '� `)i' S. Rosemont Road . ^' Single-family dwellings/ R-7.5 Residential v:. West " „ =w • Park, single-family dwellings/ P-1 Preservation, , _ . R-7.5 Residential •,,4 ♦ i,�, (1 .' _ Little Warriors Christian Academy Agenda Item 11 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within the St. Francis Episcopal Church.The applicant is also requesting a Modification of the Conditional Use Permit for a Religious Use,which was approved in 1964, in order to add signage beyond requirements of Section 240.1 (c) of the Zoning Ordinance. • According to the applicant,the proposed Child Care Education Center had previously been located within the recently closed Beth Chaverin Temple on Rosemont Road. • The proposed use will be limited to 3,094 square-feet of classroom space within the existing church. • The anticipated maximum enrollment is 60 children between the ages of six weeks to five years old. Four staff persons are expected to be employed for the use.The Building Official's Office and the Department of Social Services will determine the maximum occupancy. • The proposed typical hours of operation are from 6:30 a.m. to 6:00 p.m., Monday through Friday. • The school will use the adjacent City Park as a safe play area for the children to play outdoors. • No changes are proposed to the site layout or to the exterior of the building. • Since the proposed school will be open during the week when the Child Care Education Center is not normally busy, it is anticipated that the existing number of parking spaces on the site will be adequate for the school and for the existing church. • Section 240.1 (c)of the Zoning Ordinance states that in Residential Districts, religious uses shall be allowed one sign per entrance not to exceed 24 square feet per face or such other signage approved as part of a Conditional Use Permit.The church site currently has two entrances, one sign at each entrance, as illustrated below. One of these entrance signs is nonconforming, as it is in excess of the maximum size of 24 square feet per face(#4 on the graphic below).Two additional signs exist at the intersection and are also non-conforming, as they are not located at an entrance as required (#2 and#3). Furthermore, sign#3 is a temporary sign for the proposed Child Care Education Center.The applicant is requesting to install a permanent sign in that location. Design details for the permanent sign have not been submitted to Staff. Little Warriors Christian Academy Agenda Item 11 Page 2 Kings Point Road 1 2 3 0 1-- l go- ,. 0 ,.1 rij m h t p -�' 4 r 14)., Site Layout for Existing Signs r (t n &-i, ' Q SAINT FRANCIS X ' "' vim arc, EPISCOPAL CHURCH •� Warrior%Christian Acadt,„ or.$ I.1ll�l' W9 J.RO.counrl ROA , I7 1)20:-33S 69 I.arh Childhood I ducal ion 2. Fifteen square feet per face (Location is nonconforming) 3. Thirty-two square feet per face (Temporary sign) (Location is nonconforming) 1. Five square feet per face St I It OA I] EPI¶ r- S(:01'11.1 III Rt II 4. Forty-eight square feet per face pUMMAOE 11; (Size is nonconforming) OCT Il 9•t . Sift NO VENDORS 509 Little Warriors Christian Academy Agenda Item 11 Page 3 -.R-7.5, R7:6 it \\,\/ 1 5.1! „f, ,. Q '_ .d 6),cif P-1 /12 Zoning History 1 # Request \., / L ` 1 CUP(Religious Use)Approved 04/27/1964 C R7.5 (±2 r� P-1 waw I' .4 �{ i r -7-5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Conditional Use Permit for a Child Care Education Center is, in Staff's opinion,acceptable as it will provide additional educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts to the surrounding uses and properties. The existing church and parking lot can accommodate the proposed use without any alterations. Staff is also of the opinion that the proposed request for a Modification of Conditions is acceptable given the size of the property and the scope of the Child Care Education Center.The placement of the existing signs is orderly and attractive. Despite the fact that two of the signs are non-conforming, none of the signs will detract from the appearance of the property nor adversely affect pedestrian and vehicular traffic safety.A condition is recommended that limits the location and size of the freestanding signs and will result in the removal of the temporary sign at the intersection. A condition is also recommended to replace the temporary sign with a permanent sign, subject to a design and location approval by the Planning Director. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions Modification of Conditions(Religious Use) The conditions of the 1964 Conditional Use Permit for Religious Use shall be deleted and replaced with the conditions below. 1. The number of occupants shall be as established by the Building Official's Office. 2. The Religious Use shall maintain good standing and be in compliance with all permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division and the Fire Department. 3. Signage for the Religious Use shall be in accordance with the following: Little Warriors Christian Academy Agenda Item 11 Page 4 a. No more than one freestanding sign shall be permitted at each of the two entrances. b. No sign shall have more than two faces. c. All signage shall be limited to locations as depicted on page 3 of this report and limited in sign area as depicted on page 8 of this report. d. Any freestanding signage shall be no taller than eight feet,and externally lit. Conditional Use Permit(Child Care Education Center) 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Signage for the Child Care Education Center shall be in accordance with the following: a. No sign shall have more than two faces. b. Any freestanding signage shall be no taller than eight feet,externally lit, and shall be located as shown on page 3 of this report and limited in sign area as depicted on page 8 of this report. c. The temporary sign shall be removed within 90 days from the date of approval by City Council.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of a new sign. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Little Warriors Christian Academy Agenda Item 11 Page 5 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Rosemont Road 30,490 ADT 1 14,800 ADT 1(LOS°"C") 22,800 ADT 1(LOS°"D") Existing Land Use 2—89 ADT Kings Point Road No Data Available 6,200 ADT 1(LOS°"C") Proposed Land Use 3-245 ADT 9,900 ADT 1(LOS 4"E") lAverage Daily Trips Zas defined by a 12,200 Sas defined by a 12,200 square foot a LOS=Level of Service square foot church church and day care for up to 60 Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer services. Little Warriors Christian Academy Agenda Item 11 Page 6 Site Layout 10> 1\1\0;Ni...„.....„...7.:: -------____ -W17 . . :-_:: t , !, i . Kings Point Road ›N. / / i / •__ ri II Existing Buildin• * t/ i m r l monk, Pad i . ,I , 1 :. ..,_ _ , :: r. ii \ 1 : ,.. / / .„.._ ____ , .1,..„.....,./ Little Warriors Christian Academy Agenda Item 11 Page 7 Recommended Square Footage for Signs Site Layout for Recommended Square Footage of Signage 1L L J-- Kings point Road 1 23 Allowed Square Footage 1 12 square feet per face— Religious Use I b 2 15 square feet total— r �a Religious Use 3 32 square feet total - it m Child Care Education l 1'coi ~ Center 4 48 square feet per face— Religious Use r 4 1 Little Warriors Christian Academy Agenda Item 11 Page 8 Site Photos A l'A i 'i.• o / ..0 ;' t i 00 -in . 1 : _rf,-,ri 1 • k Y <• u .•,33 ur tv.'rt T. ! ^..,,, ,.-::w,. I i .- erg, Little Warriors Christian Academy Agenda Item 11 Page 9 Disclosure Statement fny , Virginia Beach APPLICANT'S NAME Little Warriors Christian Academy, 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior te. Page 1 of 7 Plana - ••,ssion and City Council meeting that pertains to the applicct 0 APPLICANT NOTIFIED OF HEARING ')ATF /// In NO CHANCES AS OF ` ///c2�j,2pic Robert A. Davis El REVISIONS SUBMITTED I/ 111 Little Warriors Christian Academy Agenda Item 11 Page 10 Disclosure Statement Virginia Beach 111 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: Little Warriors Christian Academy If an LLC, list all member's names: Denise Joyner, Adrian Foreman, sherry Rice, James Harris 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 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ElCheck 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:St. Francis Episcopal Church If an LLC, list the member's names: Page 2 of 7 Little Warriors Christian Academy Agenda Item 11 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Vestry and Officers Victor Rice, Senior Warden; Pete Leavitt, Junior Warden, Barbara Drori; Susan Golden; Kevin Kennedy; Lynn Kennedy; Twila Leavitt; Paul Roxer; Myrna Simmons; Roxanne Taylor; The Rev. Conor Alexander, OA, Rector (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 Little Warriors Christian Academy Agenda Item 11 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ �' Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 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) ❑ 1 Construction Contractors Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders ❑ ��1 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 Little Warriors Christian Academy Agenda Item 11 Page 13 Disclosure Statement eV13 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. • ?'/6. i.‘x i /..ce . �./'2r )1 1-243 c�, SIGNATURE jI T NAME / DATE Page 5 of 7 Little Warriors Christian Academy Agenda Item 11 Page 14 Disclosure Statement 1/3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) (� xi Accounting and/or preparer of It �l your tax return =� Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(jf 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 Financing (include current mortgage holders and lenders �! selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n ® Agents/Realtors for current and I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Little Warriors Christian Academy Agenda Item 11 Page 15 Disclosure Statement Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II 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. 1 iteltr--L vtc---e:r- )(lc' ,- / PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Little Warriors Christian Academy Agenda Item 11 Page 16 Item #11 Little Warriors Christian Academy Conditional Use Permit Modification of Conditions 509 S. Rosemont Road District— Rose Hall November 14, 2018 CONSENT Ms. Oliver: Great, thank you. The next matter is Agenda Item Number eleven and this is an application for a Conditional Use Permit, a Child Care Education Center within a Religious Use and a Modification of Conditions of a Conditional Use Permit approved by City Council in 1964 for Religious use. This is for the property located at 509 South Rosemont Road in the Rose Hall District. Is there representative for this application here today? Hello, just state your name for the record please. Ms. Joyner: Denise Joyner. Ms. Oliver: And are the conditions set forth in the application acceptable to you? Ms. Joyner: Yes ma'am. Ms. Oliver: Great, thank you so much. Is there any opposition to this application being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Wall to read this into the record. Mr. Wall: Thank you, the applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within the St. Francis Episcopal Church. The applicant is also requesting a Modification of the Conditional Use Permit for a Religious Use, which was approved in 1964, in order to add signage beyond the requirements of the Zoning Ordinance. According to the applicant,the proposed Child Care Center had previously been located in a synagogue on Rosemont Road. The proposed use will be limited to 3,000 square-feet of classroom space within the existing church. The anticipated enrollment will be 60 children between the ages of six weeks to five years old. Four staff persons are expected to be employed for the use. Hours of operation will typically be from 6:30 a.m. to 6:00 p.m., Monday through Friday. The school will be adjacent to a City Park and which will allow a safe place for outdoor recreation. No changes are proposed to the site layout of the existing building. Parking spaces will be adequate for the site. There are currently three existing nonconforming signs. The applicant proposes one additional sign. The location will be nonconforming, however we find acceptable. The conditions are amenable to the applicant. There is no known opposition and staff recommends approval. Therefore, we placed 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 ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve Consent Agenda Items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, Agenda Items number three,four,ten, eleven, twelve, D1, and D3 have been approved. CONDITIONS Modification of Conditions (Religious Use) The conditions of the 1964 Conditional Use Permit for Religious Use shall be deleted and replaced with the conditions below. 1. The number of occupants shall be as established by the Building Official's Office. 2. The Religious Use shall maintain good standing and be in compliance with all permits and inspections from the Department of Planning & Community Development / Permits and Inspections Division and the Fire Department. 3. Signage for the Religious Use shall be in accordance with the following: a. No more than one freestanding sign shall be permitted at each of the two entrances. b. No sign shall have more than two faces. c. All signage shall be limited to locations as depicted on page 3 of this report and limited in sign area as depicted on page 8 of this report. d. Any freestanding signage shall be no taller than eight feet, and externally lit. Conditional Use Permit(Child Care Education Center) 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Signage for the Child Care Education Center shall be in accordance with the following: a. No sign shall have more than two faces. b. Any freestanding signage shall be no taller than eight feet, externally lit, and shall be located as shown on page 3 of this report and limited in sign area as depicted on page 8 of this report. c. The temporary sign shall be removed within 90 days from the date of approval by City Council. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of a new sign. 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. I __________J L—I i i 0 ...,4_,j,0 1.:k i i 14 11. cj 11 I U 0 B AEli,frIVI DODO 1:1-1----444-46-8-------- INI Ej0 litlic' 0 W 1111:::011Qc EJ 1 OD ' Li * II i2, 6 a nuo 0 i4 tL■ a 1 iii ai i r 0 ' l -`� D r _- ,...cviiwri,i3,434,44. , .. _..._ . . . OillIllIllIlrr-- .a. i --,..._ .,.,,----,_. ____ INN, --ii sTrii ill "s ut - -4 -- _ �Q 0:e tNil ,1 It 1 4,,,,,, / 4.,,, , , L. , • ca4 i i ti ; 11 ci:::3 { C 'Cil a C- 00 /I] ... ,e FT 1 q ,11 goo �. Lr i , Q Hl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHUA BA THIEN HAU [Applicant] MISS SAIGON PROPERTIES, LLC [Property Owner] Conditional Use Permit (Religious Use) at the property located at 437 North Witchduck Road (GPIN 1467878682), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: December 11, 2018 • Background: This is a request for a Conditional Use Permit for a Religious Use, specifically to construct a new 2,376 square-foot building on the site that will serve as a Buddhist shrine. According to the applicant, a maximum of six worshipers are anticipated to be in the main gathering space at any one time, with visits typically lasting 10- 15 minutes. The shrine is planned with hours of operation of 10:00 a.m. to 8:00 p.m., Monday, and Wednesday to Sunday. Up to two employees will be at the site during the hours of operation. The proposed building's design features Far East architectural influences. Six parking spaces will be located behind the building. • Considerations: The proposed Religious Use is consistent with the Comprehensive Plan's land use goals for the Suburban Area and will provide additional opportunities for religious services in the area. The applicant is requesting to deviate from the required three-acre lot requirement for Religious Uses, the 15-foot side yard setback for the proposed building, and the 30-foot front yard setback for proposed steps through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to the lot area and to the side yard setback requirement will not adversely impact the adjacent properties. Further, the deviation from the side yard setback allows placement of the parking to the rear. 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. Chua Ba Thien Hau Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval of this request. 1 . When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Thein Hau Shrine," prepared by Kellam Gerwitz and revised 10/20/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed two-story building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Shrine Sketch Chua Ba Thien Hau," on pages 6 and 7 of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. Parking lot lights shall be turned off when the building is not in use. Lighting on the front and rear of the building may remain on for security purposes, but will be shielded from residential neighbors. 4. The vehicular ingress/egress shall be limited to right-in and right-out only. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart .Agency: Planning Department City Manager: Applicant Chua Ba Thien Hau Agenda Item Property owner Miss Saigon Properties, LLC Public Hearing November 14, 2018 cryo./ City Council Election District Bayside 1 0 Virginia Beach Request Conditional Use Permit (Religious Use) c, ,, . , Staff Recommendation 1./.1 ,:°:nner O/'� Y -1 s/r �� Jonathan Sanders • F rlt ,4 .„ ��� t z I a LocationdtlW : ■eeet ten. ; kteq tttti"ke k.tet 437 North Witchduck Road f i;`'.."°, ifil`lat,kteft ! t GPIN a i ~ I "°•+ € t{ f#j 8 =t � I; D lb a Weil ` 6 E. 1467878682 e i e Site Size S i f 2 f 3 �, Stead Street s • - f 14,406 square feet t ` Less than 65 dB DNL ' / 1 } ..O i tosooat Sett& Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant lot/R-7.5 Residential Surrounding Land Uses and Zoning Districts / ,, 1 r, i. `' lit North 1 , :, ,.Y f - ,tto. •••.1. Vacant lot/R-7.5 Residential `' ' . •c South . .. +i-_ * . .a Vacant lot/ R-7.5 Residential , --. t" ''fit East I : a ,; i. '''" , �` . N. Witchduck Road �),:: ,'" ---- Single-family dwellings/ R-7.5 Residential . j 4 . West .4, - •_ 1- , Vacant lot/R-7.5 Residential � - t'i ,� : 1 / rt li - _1- k ..._ 1 /i, 4' . . ' .f Chua Ba Thien Hau Agenda Item 10 Page 1 Background and Summary of Proposal • This is a request for a Conditional Use Permit for a Religious Use in order to construct a new 2,376 square-foot building on the site that will serve as a Buddhist shrine. • According to the application, worshippers will typically visit the shrine (and the building)for approximately 10- 15 minutes.A maximum number of six worshipers are anticipated to be in the main gathering space at any one time. • The planned hours of operation are 10:00 a.m. to 8:00 p.m., Monday, and Wednesday to Sunday. One to two employees are planned to be at the site during the hours of operation. • The site layout depicts six parking spaces behind the building.As the parking for a Religious Use is determined by the number of seats in the main gathering space, based on the information provided by the applicant regarding the number of occupants visiting the shrine at any one time,six spaces appears to be adequate. • The proposed building exterior features Far East influences. The materials include off white vinyl siding and a reddish-brown asphalt shingle roof. • The applicant is aware of the need to address stormwater management, which will be reviewed during the final site plan submittal. • The applicant is requesting deviations to the three acre minimum lot size requirement for Religious Uses and to the side setback requirement of 15 feet. The residentially zoned property is 0.33 acres. Nonresidential uses are required to adhere to side yard setbacks of 15 feet. In order to allow parking behind the building,the drive aisle pushes the building into the side yard setback. The proposed building will be located five feet from the north side property line, adjacent to a vacant lot, and will meet the side yard setback on the south side. - 1 - —Q Zoning History � '(4�!//, # Request _ " 1 CRZ(Conditional PD-H2 to P-1)Approved 02/28/2012 lrKrno Slrrrq CRZ(R-7.5 to Conditional PD-H2 (A-12))Approved - pp` 05/24/2011 o FI 7 Uhi R-7.5 V � C O A18 e ,• w•w.Om• _ 01-f=• i V 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 Chua Ba Thien Hau Agenda Item 10 Page 2 Evaluation and Recommendation The applicant's request to operate a Religious Use is consistent with the Comprehensive Plan's land use goals for the Suburban Area. This request will provide additional opportunities for religious services in the area. The applicant is requesting to deviate from the required three-acre lot requirement for Religious Uses and to the 15-foot side yard setback for the proposed building through the provisions of Section 221 (i) of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to the lot area and to the side yard setback requirement will not adversely impact the adjacent properties, particularly given the limited number of worshippers that are anticipated at the site at any one time. The site has adequate parking proposed based on the number of worshipers expected at the shrine during normal operating hours. As reflected in the recommended conditions,Traffic Engineering has requested that the ingress/egress to the site be limited to a right-in and right-out due to this site fronting an existing intersection with Erskine Road. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Thein Hau Shrine," prepared by Kellam Gerwitz and revised 10/20/18,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed two-story building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Shrine Sketch Chua Ba Thien Hau," on pages 6 and 7 of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. Parking lot lights shall be turned off when the building is not in use. Lighting on the front and rear of the building may remain on for security purposes, but will be shielded from residential neighbors. 4. The vehicular ingress/egress shall be limited to right-in and right-out only. 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. Chua Ba Thien Hau Agenda Item 10 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT1(LOS 4"C") Existing Land Use 2-10 ADT North Witchduck Road 22,679 ADT 27,300 ADT (LOS 4"D") Proposed Land Use 3-20 ADT 1 Average Daily Trips 2 as defined by one single- 3as defined by a 2,600 square foot 4 LOS=Level of Service family dwelling shrine Public Utility Impacts Water The site must connect to City water. There is an existing 10-inch City water main along North Witchduck Road. Sewer The site must connect to City sanitary sewer. There is an existing 10-inch City sanitary sewer gravity main along N. Witchduck Road. Chua Ba Thien Hau Agenda Item 10 Page 4 i Proposed Site Layout - "sir,430030200001 7007) North N15'35E EpD re r 1 Nig L • . , 22..6 • ...__L______ _ • • • : . H 3 I / j 5 a y1, 1 -- N i -^ i g ii 7 I7 I`�, 4i nptd < _ + . _ ' c, "' + -i `1 is,4? Cam (jaw i ,. _ 'Proposed 2: i ' = Building tsq i C3 y ez c . i?. s 1' zz :. 1. . I T • ,...'� PERMANI (SHPB! ... P 4- Y!C:i!'LAIj N. Witchduck Road Chua Ba Thien Hau Agenda Item 10 Page 5 Proposed Elevations REDDISH ROWN ARCH SHIN4LES CREAM { COLORED VIN`(L 111 � i i � • I I 1-i ail I I SH-RINE SKETCH FRONT EL EVATION CF-t-ltA $ATHIEN HAL& >rALE1' — 1 -r.. 437 N.WITC.HDIACK-ROAD VIRGINIA'BEACH, VIRGINIA DESIN: VAN C,IANG Chua Ba Thien Hau Agenda Item 10 Page 6 Proposed Elevations 32 II 1 ( 1 r iT Tk I cc Sf-t-RINE SKETCH SIDE ELEVATION CH-IAA gA THIEN HAlel SCAT E 1'u• = 1 -n' 437 N.WII CHDRCK RDAD VIR4INIA S6ACH, VIR4INIA DESIGN: VAN IANGj Chua Ba Thien Hau Agenda Item 10 Page 7 Site Photo ` °r• ,.d • ap •,5 t, ,14.:•,-..i., ''a`. . 14. i ,gip .-' ,; 7 ,-, , - 4000ininlimumn• -- . Chua Ba Thien Hau Agenda Item 10 Page 8 Disclosure Statement Vri3 Virginia Beach APPLICANT'S NAME Chua Ba Thien Hau 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 I OR CITY USE ONLY/All disclosures must be updated two t7 Page 1 of 7 Planning Commission and City Council meeting that 0 APPLICANT NOT It'll)OF HEARING C/,I L NO CHANGES AS OF DATF /2.V(c' j Jonathan Sander,. REVISIONS SUBMITTED DAT Chua Ba Thien Hau Agenda Item 10 Page 9 Disclosure Statement \73 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:Chua Ba Thien Hau 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) Van Giang (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization. AND THEN. complete the following. (A) List the Property Owner's name:Miss Saigon Properties, LLC If an LLC, list the member's names:Thao Nguyen Page 2 of 7 Chua Ba Thien Hau Agenda Item 10 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsidiary relationship' means a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation... See State and Local Government Conflict of Interests Act.Va Code §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 Chua Ba Thien Hau Agenda Item 10 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if J needed) I I Accounting and/or preparer of your tax return I( Architect/ Landscape Architect/ • IX Land Planner Contract Purchaser(if other than IXthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed VV purchaser of the subject property VV (identify purchaser(s)and purchaser's service providers) XConstruction Contractors • nEngineers/Surveyors/Agents Bob Kellam, KellamGerwitz Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 IZ Legal Services Real Estate Brokers / (� Ex Agents/Realtors for current and l ' 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 D an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Chua Ba Thien Hau Agenda Item 10 Page 12 Disclosure Statement 'NB Virginia Reach CERTIFICATION: I 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, VPDA meeting, or meeting of any public body or committee in connection with this i A lication. _ wA (L VA r`1 ecIAN� 7-3t-t S SIG1ur Rt PRINT NAME DATE Page 5 of 7 Chua Ba Thien Hau Agenda Item 10 Page 13 Disclosure Statement 11/4/B OWNER Virginia Beach YES I I NO I L SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return n „ Architect/ Landscape Architect/ 1 Land Planner Contract Purchaser(if other than 111 ® 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) IX Construction Contractors Engineers/Surveyors/Agents Bob Kellam,Kellam Gerwitz Financing (include current O ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / n ® Agents/Realtors for current and I anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have LI 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 Chua Ba Thien Hau Agenda Item 10 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Applicatipn. PROPER OWNERS SIGNATu - PRINT NAME DATE Page 7 of 7 Chua Ba Thien Hau Agenda Item 10 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Chua Ba Thien Hau Agenda Item 10 Page 16 Item #10 Chua Ba Thien Hau Conditional Use Permit 437 N. Witchduck Road District— Bayside CONSENT Ms. Oliver: Thank you. The next matter is agenda item number ten, and this is an application for Conditional Use Permit, a Religious Use on property located at 437 North Witchduck Road in the Bayside District. Is there a representative for this application present? Hi, how are you today, good, would you please state your name for the record? Mr. Giang: My name is Van Giang. Ms. Oliver: Great, thank you, and are the conditions set forth in the application acceptable to you? Mr. Giang: Yes ma'am. Ms. Oliver: Great, thank you so much. Is there any opposition to this being placed on the consent agenda? Hearing none, the chairman has asked Commissioner Inman to read this into the record. Mr. Inman: Thank you, this is a request for a Conditional Use Permit for a Religious Use at 437 North Witchduck Road. It's a request to construct a 2,300 square-foot building on the site that will serve as a Buddhist shrine. According to the application, the worshippers will typically visit the shrine for approximately 10 - 15 minutes. A maximum number of six worshipers are anticipated in the main gathering space at any one time. The planned hours of operation are 10:00 a.m. to 8:00 p.m., Monday, and Wednesday to Sunday. One or two employees are planned to be at the site during the hours of operation. There are six parking spaces on the site, which would be deemed to be adequate. The proposed building exterior features Far East influences and the materials are off-white vinyl siding and a reddish- brown asphalt shingle roof. The conditions to which the applicant has just stated he agreed are suggested by the Staff is that, when the site is developed, it will be in conformity with plans that were submitted by the applicant showing the shrine and the surrounding improvements, that the exterior proposed would adhere in appearance in materials to the elevations submitted, and that all lighting on the site will be directed downward and not spill over onto adjoining properties. Having this information before us, we wanted to 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 ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, agenda items number three, four, ten, eleven, twelve, D1, and D3 have been approved. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Thein Hau Shrine," prepared by Kellam Gerwitz and revised 10/20/18, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed two-story building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Shrine Sketch Chua Ba Thien Hau," on pages 6 and 7 of this report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. Parking lot lights shall be turned off when the building is not in use. Lighting on the front and rear of the building may remain on for security purposes, but will be shielded from residential neighbors. 4. The vehicular ingress/egress shall be limited to right-in and right-out only. 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. "f2 \ \\ \ \\ \ t----' \\ \.\ \i (2 \ ‘X \ \ N \ N I • CO \\\\\\\\ va - 0 > 0 \ o -v. /7 ••4%7- 4\ N. I 011\ I ii •1 co •• ••• 44i . # \ . • \ .'-;`'4 4.p <2\ •44 0 \ Irs°1 N \ a _ 0 . 0 , d> , , ,,. ,„„,, wo# , ,.„. ..# ,..i. , _ ,..._. ,,.,.,, , • VP' ,e' ‹,,.t:-.i l • 7\/\ Ci \ IIM imi S s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERLASTING LOOKS, LLC [Applicant] BELLA M. HANSON [Property Owner] Conditional Use Permit (Tattoo Parlor) on the property located at 4640 Haygood Road (GPIN 1478461721), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: December 11, 2018 • Background: The applicant currently operates a clinical skin care salon in a unit within an existing commercial center along Haygood Road and proposes to offer permanent makeup services, known as microblading, to clients. A Conditional Use Permit for a Tattoo Parlor is required for this use. • Considerations: No exterior changes are proposed to the building or to the existing signage. 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. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure 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, a tattooing technique used in 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. 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. Building Everlasting Looks, LLC Page 2 of 2 signage designed to be a "box sign" and signage for windows 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. Submitting Dep• m- . ' s ency: Planning Department c\ City Manager: a` Applicant Everlasting Looks, LLC Agenda Item Property Owner Bella M. Hanson Public Hearing November 14, 2018 4 r i<<,,,i City Council Election District Bayside Virginia Beach Requestd"' .1) ` 1 c, Conditional Use Permit (Tattoo Parlor) ' 40 0'0h wee Staff Recommendation \ '` W gomr a �° s W( 3v0e King Approval f ',%Sc;„d4 40� nR°aa Staff Planner 1 a. ir Robert Davis ( ' s Wishart Road _ ` , Location0 so v� 4640 Haygood Road ( $* GPIN 1 T _....)7,1:4 nF. 1478461721 ti°ad� ,so `' 'tae a S o a`M as hey °e c? Site Size P°a v<sS” P° Oee<�°°d`'a ^ C.1.• ``rao 26,600 square feet 4,,�g ,.a"e o°`" d o p �dfis� q he`eeµ e� Je*°a oe e ° M P/.'9. AlCUZ Pe�oS�bo,,`• m ¢�`��o`N�a�P,e°J a 05 �d Less than 65 dB DNL so° ..,e<� - r ■ ...0 - Watershed • Chesapeake Bay Existing Land Use and Zoning District Retail/ B-2 Community Business IIIP Illii* ' Surrounding Land Uses and Zoning Districts f<\:i : - a , North , •� ' r /' A, 1.4, IP f / % Single-family dwellings/ R-10 Residential South `. , Haygood Road Retail/ B-2 Community Business 41 0x .` �' , / East h ' it ;. ;. A. Twain Lane ,� R y```' ,\ �,• t Retail/ B-2 Community Business ,� , \`" 4 West ' % qua tr Office, townhouse dwellings/0-2 Office, R-2.5 ,, ''\ ,fW ' Residential V • �.� „►4; V_ Everlasting Looks, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant currently operates a clinical skin care salon in a unit within an existing shopping center along Haygood Road.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,the microblading portion of the business will have one employee.The typical hours of operation are from 9:00 a.m.to 6:00 p.m., Monday through Friday. • No exterior changes are proposed to the building or to the existing signage. R-10 j 4s 13-2 R25 Zoning History R 2.5 j8 ,41110 # Request 1 CUP(Indoor Recreational Facility) 11/24/2009 02 s-2 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 The proposed request for the Conditional Use Permit is, in Staffs opinion,acceptable given that the land use will be compatible with the other existing commercial businesses along this section of Haygood Road. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above,Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Everlasting Looks, LLC Agenda Item 4 Page 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in 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. 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. Building signage designed to be a "box sign" and signage for windows shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. 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 as a shopping center. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 22,800 ADT 1(LOS 4"D") Existing Land Use 2—80 ADT Haywood Road 19,728 ADT 1 a a 27,400 ADT (LOS "E") Proposed Land Use -80 ADT 1 Average Daily Trips 1 as defined by 8,288-square 3 as defined by 8,288-square foot 4 LOS=Level of Service foot general office building general office building Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Everlasting Looks, LLC Agenda Item 4 Page 3 Proposed Site Layout \ A \ *. .. t eo I . .- \ 3 9 \ Unit \ , - _...---- . \ ..-- . . ) 66 iko 006 Everlasting Looks, LLC Agenda Item 4 Page 4 Site Photos Illiiirmi sem. - - � 4; _ _0 i: ... ...... .. .. ... - Natural Medici - r w rr r rs�aas.sM la' • k A _ . •4! ____. - -, ,- .x 4 0. . ....._ . . Everlasting Looks, LLC Agenda Item 4 Page 5 Disclosure Statement N/Y3 Virginia Beach APPLICANT'S NAME Everlasting Looks, 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 dlsclos.: • ,A updated two(2)weeks prior to any Page 1 of 7 Planning Commission and ;hat pertains to the applicathon(s) El APPLICANT NOM ILD UI HEARING DATE / El NO CHANGES AS OF DATE ///9'F/9.4 6 Robert A Davis ❑ REVISIONS SUBMITTED DATI Everlasting Looks, LLC Agenda Item 4 Page 6 Disclosure Statement .1k1B 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: Everlasting Look, LLC If an LLC, list all member's names: Yiree He, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. fl Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Bella E. Hanson If an LLC, list the member's names: Page 2 of 7 Everlasting Looks, LLC Agenda Item 4 Page 7 Disclosure Statement A 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) 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 Everlasting Looks, LLC Agenda Item 4 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • ❑ Accounting and/or preparer of Major Frank Riddick your tax return ❑ '=, Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe 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) • �1 Construction Contractors '=' Engineers /Surveyors/Agents Financing (include current BB&T nmortgage holders and lenders I I 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 Everlasting Looks, LLC Agenda Item 4 Page 9 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 Applin ion._ /HQ OE 081/44 itY APPLICANT'S SIGNATURE , PRINT NAME DATE Page 5 of 7 Everlasting Looks, LLC Agenda Item 4 Page 10 Disclosure Statement *NB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of Linda Wells,CPA !-, I 1 your tax return =' Architect/ Landscape Architect/ Land Planner Contract Purchaser(jf other than 111 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 111 Engineers/Surveyors/Agents Financing (include current ❑ ;�J mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / (1 Agents/Realtors for current and V`I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Everlasting Looks, LLC Agenda Item 4 Page 11 Disclosure Statement V13 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. T_ _ ..-C.� uL 1 L J13elQ L`. >Lfa.riSon Y-AY-f$ PROPERTY OWNER'S SIGNATURE ' PRINT NAME DATE Page 7 of 7 Everlasting Looks, LLC Agenda Item 4 Page 12 Item #4 Everlasting Looks, LLC Conditional Use Permit 4640 Haygood Road District— Bayside November 14, 2018 Ms. Oliver: The next matter is Agenda Item Number four and this is an application for a Conditional Use Permit, a Tattoo Parlor on property located 4640 Haygood Road in the Bayside District. Is there a representative for this application here today? Would you please come up and state your name for the record. Ms. O'Neill: Margaret O'Neill. Ms. Oliver:Are the conditions set forth in the application acceptable for you? Ms. O'Neill: Yeah. Ms. Oliver: Okay great, thank you so much. Is there any opposition to this being placed on the consent agenda today? Hearing none, the Chairman has asked Commissioner Redmond to read this into the record please. Mr. Redmond:Thank you Mr. Chairman. This is an application for a Conditional Use Permit for a Tattoo Parlor on Haygood Road in the Bayside District. Specifically, it's an application for microblading, which is a process of applying permanent makeup. It is entirely restricted to that particular discipline within the tattoo category, conventional tattoos will not be allowed under this conditional use permit. The shop is in operation today and it has been in operation in an entirely nonintrusive manner. Staff is unaware of any opposition to it. The Planning Commission has placed 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 _ ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the Consent Agenda. I would like to move to approve Consent Agenda Items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, Agenda Items number three,four,ten, eleven,twelve, D1, and D3 have been approved. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure 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, a tattooing technique used in 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. 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. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. '7 /fc-C----,-qz;f,L------,„-::5/ . 7 C.,.: ')1 I V-k--,-----,__-f----____-- / UDC eFi -� 1 43 4 � . W. -� co 1 -'- -. .-- -- - 13 ---4=4-4L— 4116r4/ < _____________„,_„ ________„. ,,___ _ _,, ,,, ,4144, .-kIJI, / 741---------- _ . . / / CJI r / Ni jrn lN E' (9 Ca NJ to Z 1 .,•A � 6 03 is 1, still jil �4,Av., _ ti N 1L9:1:- z-./ • CNI N 6 q' 4 .1-40140 ILIA --'0 4000. . so la,, at" N.. ‘.4..' 14% �z 111 . 16‘11 h COm '� �it/ ;� * w-- .;,0,1* a �� � m. VI? 0... 77\ f;17 '5 < 0, 1 Ito 0 ii \,_„,,,.. < \ '04:\ \. limmal V "WV ir ----...la , \-04 A Alit 01 :: ZS/Ch' • 'e/ vt4t4*/ 1 'Ir'l 11.114\11*4- v ‘0.4'._;:r.,- VV.-A.6 ' ille-1 vo: -.II-......__iiittlit . - 0 * . `''� '1:4E-.11-‘l A ;� ,ter (NI .0* \ itilikol 0 .1 ,-- " Aff L_C%./ Ca re;‘%‘-' 1."%1- c itrV V911 10:4111*V* 0 110 ' .1 Ar /0* • n Tr: u ' ,,,,...--9„r, iroi 0 [1 id2___;__._,::____..._ ,11_, ,,, _ - # , 1 �j o n ��1 _tib;- � 71 �° � 6 Sin ,,� %rn' ' I S 4rah , ..� yHl f s 4; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THIN BREW LINE BREWING CO. [Applicant] OCEANA CROSSINGS, LLC [Property Owner] Conditional Use Permits (Craft Brewery & Open-Air Market) on the property located at 1375 Oceana Boulevard (GPIN 2415489273), COUNCIL DISTRICT — BEACH. MEETING DATE: December 11, 2018 • Background: The applicant is requesting a Conditional Use Permit for a Craft Brewery to be located in an end-unit within an existing shopping center along Oceana Boulevard, and a Conditional Use Permit for an Open-Air Market to allow a food truck. No food will be prepared on site. Beer produced by the brewery will be available for on-site consumption within the proposed 1,250 square foot tasting room. An outdoor patio is proposed with seating for patrons. The proposed hours of operation will be 12:00 p.m. to 9:00 p.m., Sunday through Thursday and 12:00 p.m. to 11:00 p.m., Friday through Saturday. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. • Considerations: The request for both the Craft Brewery and an Open-Air Market are compatible with the other commercial business uses located in the shopping center, and should not have any negative impact on the adjacent properties. The addition of an outdoor patio area on the side of the building will create a vibrant atmosphere for the site. No live music is proposed in association with the brewery. As the proposed use will be located in a retail shopping center, the anticipated traffic generated by the unit has been accounted for in the original design for traffic flow and for the parking for the shopping center. While in the proximity of NAS Oceana's main gate, the property is not encumbered by a Navy restrictive easement. 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 who requested a deferral of the application because of concerns regarding adequate noticing, traffic, and public safety. The Planning Commission added Condition 7 below, as indicated by underlined text, to reinforce the Zoning Ordinance requirement that live music shall not be permitted outdoors. Thin Brew Line Brewing Co. Page 2 of 3 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. Conditional Use Permit (Craft Brewery) 1 . With the exception of any modifications required by any of these conditions or by any City regulations, the unit shall be configured in conformance with the submitted layout plan shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 6. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 7. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. Conditional Use Permit (Open-Air Market) 1 . Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Thin Brew Line Brewing Co. Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 4/4 glik Submitting Departm- • . t •ency: Planning Department City Manager: rist;4140, Applicant Thin Brew Line Brewing Co. Agenda Item Property Owner Oceana Crossings, LLC Public Hearing Novem , 2 Cityof City Council Election Districtber Beach Virginia Beach Request Conditional Use Permits (Craft Brewery& Open-Air Market) "`Z' ,, r Harpers Road / Iy a i% �` Ber4nn.qir. S Staff Recommendation 3 a Approval 3 "` ` Iron(e.g. Staff Planner "°^ err Robert Davis .75 dB D 1 r 1F yp� F Location G�.c,. x % I 1375 Oceana Boulevard `a � ;. �...pan. �o��e GPIN Ne tattler, 2415489273 Snowbird Lane Site Size7aa,h, '4", 4,, �° 4.10 acres ,, "' AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District .; ;' Retail/ B-2 Community Business =,�,_`` '.y -' \' Surrounding Land Uses and Zoning Districts -'V' "t North � ',r 4i Mini-warehouse/ B-2 Community Business t, c •`!-`- South Duplexes, church, woods/AG-2 Agriculture East , * Oceana Boulevard, Eaglewood Drive ,,;Y* . Vacant site, woods / B-2 Community Business, > Y '� ,try; A-12 Apartment 7 J West Flicker Way '' Duplexes, woods/ R-5D Residential, AG-2 Agriculture -: ..*,, ;,,,, Thin Brew Line Brewing Co. Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Craft Brewery to be located in an end-unit within the existing shopping center along Oceana Boulevard, and a Conditional Use Permit for an Open-Air Market to allow a food truck. • According to the application, food will not be prepared on site for sale. Rather, the applicant intends to allow food to be brought on site using primarily the restaurants located within the shopping center. Additionally,the applicant desires to provide space for a food truck to operate in the parking lot in front of the unit typically on weekends. • The submitted layout plan depicts the approximately 1,650 square-foot end-unit with a 1,250 square-foot tasting room. The remainder of the building will be used for manufacturing and storage. Beverages will be available for on-site consumption within the tasting room, which will only serve beer produced by the brewery. On the east side of the building will be a glass garage door that will lead to an outdoor patio for additional seating. • The proposed typical hours of operation will be 12:00 p.m. to 9:00 p.m., Sunday through Thursday and 12:00 p.m. to 11:00 p.m., Friday through Saturday. • The only changes proposed to the exterior of the existing building are the sign and the patio. In keeping with the approved proffers of the property, the proposed approximately four-foot tall by 11-foot long building mounted sign will have internally-illuminated channel letters on a raceway. • No live music is proposed in association with the brewery. • As the proposed uses will be located in a retail shopping center, the anticipated traffic generated by the unit has been accounted for in the original design for traffic flow and for the parking for the shopping center. • While in the proximity of NAS Oceana's main gate, the property is not encumbered by a Navy restrictive easement. Thin Brew Line Brewing Co. Agenda Item 2 Page 2 Zoning History R-5Dj - - - r - # Request Pit f `i� ; 1 MOD Approved 01/12/2010 ,- --_—)A-----12 MOD Approved 04/08/2008 rsiA: CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 .H.';i,.s='' CUP(Gasoline Sales in Conjunction with a Convenience - >75 dB Store.)Approved 05/09/2006 ���+U�c) DNL �.�r'_ :-2 2 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 Ili �A, .r� __ -- — CUP(Gasoline Sales in Conjunction with a Convenience 0*r , , Store.)Approved 05/09/2006 Ato AG-23 • CRZ(AG-2 to Conditional B-2)Approved 5/09/2006 4 CRZ(AG-2 to Conditional B-2)Approved 07/06/2004 V vn\ A c- ` CUP(Motor Vehicles Sales)Approved 07/06/2004 i`sti��� VLii - a �� , c� - 5 CRZ(AG-2 to Conditional B-2)Approved 07/06/2004 1 c'-.4 11 Sr • V:L ;7 0/111 CUP(Motor Vehicles Sales)Approved 07/06/2004 >Z, rJJ-. ,, •`�`�4J= ) / 6 CRZ(R-SD to Conditional B-2)Approved 08/26/2003 CUP(Mini-warehouse)Approved 08/26/2003 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 Conditional Use Permit requests for both the Craft Brewery and an Open-Air Market are, in Staff's opinion, compatible with the other commercial business uses located in the shopping center, and should not have any negative impact on the adjacent properties.The addition of an outdoor patio area on the side of the building will create a vibrant atmosphere for the site. Staff recommends approval of this request, subject to the conditions below. Recommended Conditions Conditional Use Permit(Craft Brewery) 1. With the exception of any modifications required by any of these conditions or by any City regulations,the unit shall be configured in conformance with the submitted layout plan shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. Thin Brew Line Brewing Co. Agenda Item 2 Page 3 5. All signage onsite shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in, or on the windows,or on the doors.A separate sign permit from the Planning Department shall be required for the installation of any signage. 6. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 7. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. Conditional Use Permit(Open-Air Market) 1. Unless otherwise authorized by the Zoning Ordinance,the Open-Air Market shall be limited to one food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic C") Oceana Boulevard 29,111 ADT 1 14,800 ADT i(LOS 3'SE") Existing Land Use 2 27,400 ADT (LOS E ) —63 ADT Proposed Land Use—No Change 6Eaglewood Drive No Data Available ,200 ADT 1(LOS 3""C") Eaglewood Anticipated 133,100 ADT (LOS E ) 'Average Daily Trips z as defined by 1,650 square s LOS=Level of Service feet of commercial space zoned B-2 zoned property Thin Brew Line Brewing Co. Agenda Item 2 Page 4 Public Utility Impacts Water&Sewer The site currently connects to both City water and sanitary sewer service. Thin Brew Line Brewing Co. Agenda Item 2 Page 5 Proposed Conceptual Layout Plan to/R.'MrM1'0,Mn Y+-t-a1..VAWYe-Ml.-W-K.•T1 N-tt.Lti-1JlRt.-"V c.VMtiIAi..,A.. WRTV1.^'Mt.M1... Sack d J10 Width-20 loot iiNIFEI 0j€ `ow e ;? el s 42 0 E! Oa d t .,. ENCLOSED OUTDOOR = s A PATIO ry 1.. tr., . z TASNG tffLL !. ROOM S iii S.. I t T • • • I 0 ga 3:_, d e. r S ■ a C U • I 11! j FOOD TRUCK front of vr, vein=l5 reel PARKING Thin Brew Line Brewing Co. Agenda Item 2 Page 6 Proposed Outdoor Patio Area ' • 6. 1 lip , w . e._ IF ■.•■■■ii_i ..final m....... ..I 111111 is al II atm IllIlIlli „t. -.1 Thin Brew Line Brewing Co. Agenda Item 2 Page 7 Proposed Sign " z • sew • -;2*i. moi: - � " - 11- 401 __I. . . . k< 4 1 _t _ : I _ 144 q • _ v t r . ..i .,¢W --'-� Sf�t l id F «- ,:ii.-4*1116, Thin Brew Line Brewing Co. Agenda Item 2 Page 8 Site Photos .. L._- .. - — i 1111W1111.117,0 , Li 14s, N. , ,i.... =. , - - : : - _...1.-" . 0--- • , -.' . . . i. _ ..".''.4 ''' , t--, _ --"4--*,., • - k..7; - _t- _____ ---: , • !,,, ,_-,,- N.,. .L. ,,,s. , L L `..,,.. )1 ' •rib .. I,--."L.- ....' .....''• \ ;.. ,„,4is,„..,11,-1.lop,-.S.3*— • Ast i-i--11-. \ -- • -14 ,c.:Cill, • ... • - \ ''t ) ki, . • - 4 \ -iik •,..i.' t ItIk ik.nr , . .. Ne . f17251:. .1 CO II '44.• . - * II ..1 4• • . I''' .W , .4- ... . 4.•'''' k• ‘ - e. ''/ 4103 r 4 . - 46° '. . .. , "-‘7:1 , iii• -- .., ' g 011114PC " - .7. "i: ao t' ' ' ile -•,. .-* -. ..,. , l .,_,.,.. ,,,, pipit,. •' s o A, "1`4''.. '1' ..; t ' ° ( f , .. f Slit 1- T , 1/4 • r• ., t . 6 . .' ''" •p.ilk . ____ ,±i \,,,x, . - • - - Ill.' IIIIIIIIII "......,, Tm.•;,.. . ' 1/ 1 11111111 11111111P I .. . 1 li I II 111 Thin Brew Line Brewing Co. Agenda Item 2 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Thin Brew Line Brewing Co. 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. �---h- - ,�------ 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) El APPLICANT NOTIFIED OF HEARING DATE LL//�11 O NO CHANGES AS OF DATE (larADhey--- ( Robert A. Davis REVISIONS SUBMITTED DATE Thin Brew Line Brewing Co. Agenda Item 2 Page 10 Disclosure Statement Virginia Beach ElCheck 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:Thin Brew Line Brewing Co. 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 Patrick Gates Michael Vincent Gates (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if 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:Oceana Crossings LLC If an LLC, list the member's names:Tim Costen, Elza Mitchum Page 2 of 7 Thin Brew Line Brewing Co. Agenda Item 2 Page 11 Disclosure Statement AB Virginia Reach 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 onthc.Propenty. 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 Thin Brew Line Brewing Co. Agenda Item 2 Page 12 Disclosure Statement N/13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) l l Accounting and/or preparer of Thin Brew Line Brewing Co. l I your tax return l l " Architect/Landscape Architect/ ` 1 Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser L and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) i 4 LI Construction Contractors TBD ® Engineers/Surveyors/Agents Financing (include current " mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n =� Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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? Michael Vincent Gates is a sergeant in the Virginia Beach Police Department a member of the Thin Brew Line Brewing Co. Page 4 of 7 Thin Brew Line Brewing Co. Agenda Item 2 Page 13 Disclosure Statement Nfi3 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 i scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. •••14191° rot.) P4TRI* c:/ / PRINT NAME DATE Page 5 of 7 Thin Brew Line Brewing Co. Agenda Item 2 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) [ ] Accounting and/or preparer of ll 11 your tax return 111 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed O ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) iJtJ Construction Contractors All Conyers Heating&AC ll� Engineers/Surveyors/Agents I�1 Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l i ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 Thin Brew Line Brewing Co. Agenda Item 2 Page 15 Disclosure Statement N/13 Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information i provided herein two weeks prior to the Planning Commission, Council, 1/BDA meeting, or meeting of any public body or committee in connection with this Application. IPROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Thin Brew Line Brewing Co. Agenda Item 2 Page 16 Item #2 Thin Brew Line Brewing Co. Conditional Use Permit 1375 Oceana Boulevard District — Beach November 14, 2018 APPROVED Mr. Fisher: Our next order of business is Agenda Item number two, Thin Brew Line Brewing Company. This is an application for a Conditional Use Permit for a Craft Brewery and an Open-Air Market on property located at 1375 Oceans Boulevard. Is there a representative here for the application? You can state your name for the record please. Ms. Frear: Melissa Frear. Mr. Thornton: Good morning. Ms. Frear: Good morning. Mr. Thornton: Would you give us an idea what your plans are and anything you would like us to know, to help us make our decision. Mr. Frear: The idea of the brewery is to bring the community together; to honor those who sacrifice every day for the community, for the wellbeing of all of us, and just a way to, you know, show how good the people that are making the beer are. I mean just to bring the community together, pretty much. Mr. Thornton: Typically, if this is a consent item we ask you if the conditions are acceptable, so we will need to ask you that question. The conditions that staff has put forth, are you agreeable to those? Ms. Frear: Yes sir. Mr. Thornton: Okay, any questions to the applicant. Mr. Ripley: I have got a couple of questions. The music from the brewery, so there is no live music planed at the brewery? Okay, what about exterior wise? Mr. Frear: For the music, it would be inside. Mr. Ripley: Everything would be inside, okay. It states no live music is proposed, but I just want to make sure, I mean, it's a very small patio, but occasionally it can fit live music. Ms. Frear: We will make sure it stays within the correct level. Mr. Ripley: Okay. Mr. Thornton: Other questions?" Thank you, standby for rebuttal. Mr. Fisher: Ms. Barbara Messner, come to the podium again please. Ms. Messner: I didn't catch the applicant's name, but it's my understanding and I am here for a deferral. I have already contacted Barry Frankenfield, the Mayor, Ms. Henley and I did contact Mr. Wall, but he didn't receive the photographs that I sent. I want a deferral because the applicant is Venture Realty, that's Doug Ellis, Ellis Gibson, and Mr. Napolitano. You know there are some conflicts with people who vote. As a resident of Red Wing for 22 years, I've watched uncontrolled growth. I've watched the city and planning, we had no advanced notice that they were closing the main entrance to Red Wing park and neighborhood. They took away the traffic light. I would like for you all to have the information that's up on the Venture Realty site because it shows a fuel station, a gas station, and open air market. These signs went up October 28th and the first to notice that residents had, if they read the Beacon, was October 28th prior to the elections. There were no notices. Mr. Frankenfield, you are aware that on the Owl's Creek, which many of us objected to, there were, I believe 2,000 registered notices sent to the neighborhood. I have talked to the churches, the schools, and residents and no one was notified. So our due process to research this, and I have done a FOIA request that has not been met. We've had a horrible problem with the Diesel bar that was there; loud music at 2 in the morning. That building, they have already started the project. We saw the sign up there. This is the first public meeting. They have also bleached out the signs. There is no exit on to Oceana Boulevard, but those signs have been bleached out and people are exiting. Like I said, it's almost impossible to get an attorney who can come here on this short notice, but attorneys have been contacted. This is an out of state brewery. If you look at Venture Realty's website, it shows what their plans are and there was an ad for the brewery, Thin Brew Line. We don't need to use the vets and the police and everyone else as an excuse for the brewery, which are tax payer subsidized. Over 4 million tax payer dollars, state and local. There have been crashes from drunk people. There is no food sale with this brewery. They have no restaurant requirements. The brick wall for the church and the Montessori school has been crashed into at least four times from drunk drivers thinking they are going from Eaglewood Drive on to General Booth Boulevard. I would like to ask, if I can, if any of the pictures that I have sent to Mr. Wall, which he said he didn't get, or Mr. Frankenfield, which that correspondence started on November 2nd; If any of that information is available for the monitor so I can show people. Mr. Frankenfield: I received your email at 10 o'clock on my iPad and I couldn't pull that up. You didn't ask to show it. Ms. Messner: Right 10 o'clock, but the correspondence started with Rick Lowman at Traffic and I went back and forth with the Zoning permits as far as, you know, why these signs are on the building and why there is advertising. Mr. Thornton: Ma'am, you hit your five minutes. Would you take a minute and summarize your key points, your points of objection, and then let us deal with those one at a time. Ms. Messner: Yes sir. My key point is there was no notification, unless you happen, while you are driving and the traffic is stopped, to see those two signs that went up October 28th and the notice in the paper did not have the city logo above it. I just happened to research it because I saw those signs and people exiting on to Oceana Boulevard. Like I said, there isn't sufficient time. I did do a FOIA request because I have asked that the main entrance and the stop light, it's a six lane divided highway, if that would be re-opened. So to add more traffic and a gas station right to across from the commissary and where all these home owners are is a public safety issue; not to mention environmental impact from the industrial brewery. So there is public safety, there is due process, and I see no reason why we cannot have a 60-day deferral. Mr. Thornton: Anybody have any questions for the speaker? Yes. Mr. Redmond:Quick one, do you live in a neighborhood right adjacent to it? Ms. Messner: Yes. Mr. Redmond:You do, okay. Ms. Messner: Like I said, there are four churches, there is a school that has infant care now and there is a neighborhood behind it. I think it's Beacon's reach, so yeah, that shopping center has been vacant for a long time and the brewery cause lot of problems. Diesel Bar caused a lot of problems, so that's the last thing we need, the current applicant. The current tenants are all great, but I don't think they realized it. The people that go into breweries, they can bring their own food, they can use a food truck, they are not going to be using the Surf Rider restaurant; they are going to be staying in the bar. So I oppose, you know, the tax payer subsidies for this, like I said it's over 4 million subsidizing breweries and we have other needs in the city other than breweries backing up to neighborhood churches and schools. Mr.Thornton: Any other questions?Thank you. Any other speakers? Do you have any comments to make on those allegations? Mr. Frankenfield: We did not put the pictures in your package, but we did put Ms. Messner's letter or email in your package this morning. The signs went up on site a month, 30 days ahead a time, as far as we know; it was reported to us and a picture was sent to us with that date. The adjacent property owners, we sent out 21 letters to adjacent property owners on the 28th or 29th, the advertisements were in the paper 21 days ahead of time on two weekends. What am I missing, if anything? And we post it on the city website, as well, so notification were made as required and in advance. Mr. Thornton: Thank you, any further questions from the Commissioners? Any other speakers in opposition? Would the applicant like to come back to the podium and address those issues in a matter of rebuttal? And again state your name. Ms. Frear: Melissa Frear. Mr. Thornton: Spell that. Ms. Frear: F-R-E-A-R. Mr. Thornton: F-R-E-A-R, okay thank you. Ms. Frear: I just want to address that the email to pick up the signs were sent to us on October 1" to pick up. We picked them up, we put them right where we were supposed to put them. To comment on us ruining relationships with restaurants near us; we actually have meetings with all of them to work out like a loyalty plan where we send the people that come into the brewery to the restaurants. And the food that is to be brought into the brewery would be only from them or the food truck that we will have, as well, as it's not a late night club, it's not a bar. It's a brewery, and nobody is there to get drunk or intoxicated. They are there to enjoy, you know, the atmosphere and pay respects to what we have done. Mr. Thornton: Any questions of Ms. Frear, Karen. Ms. Kwasny: Would you be amenable to a Condition prohibiting live music outside the restaurant. Because I do think there is a residential neighborhood in the area, and that might alleviate some concerns there? Ms. Frear: Absolutely. Ms. Kwasny: Okay. Mr. Thornton: Right, other questions or comments? Thank you. Alright Jack. Mr. Wall: It's more for traffic engineering, then. Mr. Thornton: Sure, not you, thank you. Mr. Wall: Before we have, I just,yeah, because Rick gave a great brief earlier today,so I think it would be appropriate. Ms. Messner: Mr. Wall, I could come up, I would greatly appreciate it. Mr. Wall: I meant Traffic Engineering. Mr. Thornton: Traffic engineer. We are asking the Traffic Engineer to come up. Ms. Messner: Okay, but there are 22 business owners and it's not just the 600 neighbors. We were not notified. Mr. Lowman: Hi, Rick Lowman, Traffic Engineering. Mr. Thornton: Good afternoon, proceed. Mr. Wall: Okay, you just give a very brief overview concerning Eaglewood Drive earlier today this morning, and I don't know if you could restate that because I think that it would clear up some of the traffic, you know, conflicts that maybe the neighbors might have with, anything that might get into the commercial developments at that intersection. Mr. Lowman: All I can say that the applicant, well the shopping center, did make improvements to Eaglewood Drive at the intersection with Oceana Boulevard back when the property was rezoned 10 years ago. Maybe longer than that, but they improved the approach there, they added some turn lanes, they made some signal modifications to improve the capacity of traffic leaving Eaglewood going on to Oceana Boulevard. So that was required to them with the rezoning and so those improvements were made, like I said, with all this development in mind and this proposed brewery. Traffic generation for this falls right in line with what a normal shopping center would be, which includes, you know food, you know, especially retail, different you know anchor stores and then of course you know breweries. Mr. Thornton: Other questions for Rick? Ron? Mr. Ripley: So this use is not a tipping point of any sort that requires any additional improvements that you can imagine. Mr. Lowman: No sir, like I said, I mean this is just like a eating and drinking establishment which is one of the typical uses that you find inside shopping centers. That's what the improvements were based, on was a certain square foot of shopping center use like I said, which includes the uses that are in there and then this would fall right in there. Mr. Thornton: Thank you. Jack you got another question? Mr. Wall: Hey Rick, I have got one last thing, sorry. You mentioned about the light timing, so light timing has been improved recently or is it something that was improved when the structure was built? Mr. Lowman: Well improvements to the traffic signal and to the lanes were there with the rezoning, but recently at the request of Ms. Messner to me. Traffic Operations has modified light timings a little bit to try to allow for more green time to get out of the Eaglewood neighborhood and also to add more green time to Oceana at General Booth Boulevard. So we were asked to take a look at it by Ms. Messner and Traffic Operations did that and we were able to find some time to modify those signal timing. Mr. Wall: Okay. Mr. Thornton: Any other questions? Would you like to sit down at this time? Mr. Lowman: Thank you. Mr. Thornton: Thank you. With that, we will close the public hearing and have discussion. Dave Redmond first and then Jeff. Mr. Redmond:Mr. Chairman, I would move approval of the application. Mr. Hodgson: I will second that, but I just want to say that couple of comments real quick, I have one in my neighborhood, at the end of my street and I think it's surrounded by, just tried to do the math, like five restaurant right around it. And I know the brewery does feed a lot of the back and forth from the restaurants there, so I don't think it's concern of mine that it's going to take business necessarily away from the eating establishments. This has been an underutilized shopping center for quite a number of years with a very large area of parking. I don't see it as being anything like the night club Diesel that was there, so I have no issues with that, I will second the motion. Mr. Thornton: And Karen had something to say before we vote. Ms. Kwasny: That strip center has been empty for quite some time and I think we have so much of that throughout Virginia Beach, but it's nice to see some quality establishments going into those and I think that this is one of them. An area where that's needed. I want to make sure that the motion includes the Condition for the containment of the music to be inside, the brewing establishment. Mr. Frankenfield: There was no live entertainment outside. Ms. Kwasny: No live entertainment outside, yes, thanks Barry. Mr. Redmond: Mr. Chairman I will clarify my motion to include a Condition that prohibits outdoor music. Mr. Thornton: Okay, thank you. Second from Jeff, finally thank you. Ms. Dozier: Vote is open. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Mr. Fisher: By the vote of 10-0, the agenda item number two has been approved with the added condition. CONDITIONS Conditional Use Permit (Craft Brewery) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the unit shall be configured in conformance with the submitted layout plan shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 6. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 7. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. Conditional Use Permit (Open-Air Market) 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department 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 I 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. D'() �� il& c �o / \-3:A 0 1 CD 1 1:::j / L 'j / � O N` fry '�� 4-0 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: PI TOWER DEVELOPMENT, LLC [Applicant] R. SHANE & MERLE W. EARLY [Property Owner] Conditional Use Permit (Communication Tower) for the property located at 5238 Challedon Drive (GPINs 1466586715, 1466584768), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: December 11, 2018 ■ Background: The 1.34-acre site is developed with a 7,200 square-foot warehouse building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower behind the existing building. The 175-foot high tower is proposed as a galvanized steel, self-supported monopole with exterior-housed radio equipment at its base. It will accommodate up to four sets of antennas. The tower and supporting ground level apparatus will be enclosed within a chain-link fence. • Considerations: Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. A balloon test was performed and photo simulations depicted the view of the proposed tower from surrounding locations. The photos indicate that only a small portion of the tower is visible above the tree line. The proposed setback of the tower is approximately 103 feet from the nearest property line and over 300 feet from the nearest residential dwelling. The applicant conducted public outreach with nearby civic leagues to discuss details of the request. The applicant also conducted an intermodulation study, as this site is located within a mile of a public safety communications facility. The study verified that no interference from the tower is anticipated. The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There were two speakers in opposition at the Planning Commission public hearing who raised concerns regarding Electromagnetic Field (EMF) exposure. The City PI Tower Development, LLC Page 2 of 2 Attorney noted that Federal Law forbids consideration of EMF in the review of Communication Towers. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1 . The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "VA - Virginia Beach - Kempsville - PIVA062," drawn by BC Architects Engineers, and dated 08/22/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 175 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 7. There shall be no shipping containers, trailers, sheds or bulk storage of materials allowed within the front yard of the site two months following the commencement of construction of the Communications Tower. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• -n ' • -ncy: Planning Department ' City Manager: I Applicant PI Tower Development, LLC Agenda Item Property Owner R. Shane & Merle W. Early Public Hearing November 14, 2018 rVCity Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Communication Tower) Xi.o.. - - ' ons."'"Wr r° oNY t Staff Recommendation 3 Approval ',nate" Anne Road 0 Staff Planner ,„,,,06" ''`"`^�' Jonathan Sanders o °"4w. Location � / 1t 5238 Challedon Drive J ~�'°° c 'o :11; GPINs 1 1 1466586715, 1466584768 '� a ,,..,,,„.,,Ca, Site Size '`� ,. € N11 r 1.34 Acres �,a a°k• One G1.4 AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District :)144- Warehouse/ B-2 CommunityBusiness °',, cQ ,, 4z Surrounding Land Uses and Zoning Districts North '. f .� '.' Shopping center/ B-2 Community Business tp k Ali South ►,' f. Office, business/ B-2 Community Business °.A/i East i 71,►. , Eastern branch of the Elizabeth River 'rr -I Single-family dwellings/ R-10 Residential "; x.01) cr.,„ West A Challedon Drive �'^ Office, business/0-2 Office, B-2 Community Business - S "y _ ' .. '4F- PI Tower Development, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • In 1974,the 1.34-acre site was developed with a 7,200 square-foot warehouse building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower behind the existing building on the property. • The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. • There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue;therefore, the proposed tower is requested. The tower is designed to accommodate additional providers for collocation of equipment. • The 175-foot tower is proposed as a galvanized steel, self-supported monopole with exterior-housed radio equipment at its base. It will accommodate up to four sets of antennas. • The tower and supporting ground level apparatus will be located within a 36-foot by 48-foot lease area and will be enclosed with a chain-link fence. • A 20-foot wide access easement is proposed to provide vehicular access to the lease area. 1 a K Zoning History # Request \ 1 CUP(Church)Approved 11/23/2004 R,�/ CUP(Church)Approved 12/11/2001 • 2 • _ CUP(Church)Approved 02/13/2001 / R-]D CUP Church Approved 05/25/1993 1 ` _C0w 2 CUP(Church)Approved 02/24/2009 3 CUP(Church)Approved 10/08/2002 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 PI Tower Development, LLC Agenda Item 1 Page 2 Evaluation and Recommendation Staff finds this application for a Conditional Use Permit for the construction of a 175-foot monopole communication tower acceptable. Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. The applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from locations surrounding the site.The photos indicate that only a small portion of the tower will be visible above the tree line. The proposed location for the tower is setback approximately 103 feet from the nearest property line and over 300 feet from the nearest residential dwelling. Likewise, the applicant has conducted public outreach and contacted the nearby civic leagues to share and discuss details of the request. The applicant conducted an intermodulation study, as this site is located within a mile of a public safety communications facility.The study verified that no interference from the tower is anticipated. The tower will be designed to accommodate up to three future sets of antennas to be installed by other wireless carriers, for a total of four sets of antennas. If the communications tower is approved, a full structural report will be required during detailed site plan review. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "VA-Virginia Beach - Kempsville - PIVA062," drawn by BC Architects Engineers, and dated 08/22/2018,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 175 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 7. There shall be no shipping containers,trailers, sheds or bulk storage of materials allowed within the front yard of the site two months following the commencement of construction of the Communications Tower. 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 PI Tower Development, LLC Agenda Item 1 Page 3 Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is within the Chesapeake Bay Watershed.There are no known significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Challedon Drive No Data Available 6,200 ADT 1(LOS 4"C") Existing Land Use 2- 13 ADT 9,900 ADT 1(LOS 4"D") Proposed Land Use 3- 13 ADT 1 Average Daily Trips 2 as defined by a 7,200 3as defined by a 7,200 square feet of 4 LOS=Level of Service square foot warehouse warehouse building and the addition of building a communication tower Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. PI Tower Development, LLC Agenda Item 1 Page 4 Proposed Site Layout .4,zrxr:an • IgtOMOMP &II -- • ,n•...KM Vair a' 111111: NM •53.K4 OW s tom , .'" /' > , / 7•tt N 51.1. t , .. ' I I .--. . / 1.6. •'' W..LOIX MB -00:70t1.sAir SCOW WI • , . _....:00goleie,iMW KO ---- '1 Challedon ..... Drive Building 7' ' .;‘,.. -N... ... ......... .. :11.',, '41440.. %4644441, 36' x 48' A e r a ..../ Pall• 111111110111111* WY I Mt ILL et ft PM nano rb RIM UM 6 20' Access N\ • •••• ...,•,,,.,,,s.,...„, Easement - . 0/0750 W 6:033MILM WPM / ' ,..).' ( . ‘,. , . j i.tlet.140,1. / . litSCAE IN Lli niMmemoMMIIIMMIIMI , , / .ft 1,11 151' PI Tower Development, LLC Agenda Item 1 Page 5 Proposed Lease Area • , Z.... '--- _ rte• 7d _ r---...z.....--„:„....______,::._ Y –mac ;rx—x— —�r-- t 1``1��'iL� --- -–- r - \i- T NMI,L1.9 Wit. - -- _ I Ii _ .o,.xu�•.rc Lou WA 3� ' I I -- _ .Q iiii - .------` .-_1 rs',or..c an f _.; i 7 I 51c I r — — — — - '7 ptil, I !_- Iromr;rRa Ph(a 1111 i I ���'� mea(uoa a 0111161 KW k r:m a WNW WY MA ms.Q NM%COM( I Na(as I I rA,11 ME -u.ai.11Ole- of tor It . -.. ._._ — — —— -I I ue,c • C<- . —x x, N X—X—x--M-r--- -1- IN - -- ;rattan u•.cc�wt N I I ___... /1, i - z ‘ ....1 � . . AMA"to If _ _ k/ i i \i'1 Sr..' .r .....„._. A. , NI / / \ PI Tower Development, LLC Agenda Item 1 Page 6 Proposed Tower Elevation 4$0. i061R jR tgaps A00 R1P 0�wRER_---- no: -1 11II Im r I,I NORM, MINN1- AMfMJ01m f7PVS(12 1006)-- % ih--- ••-JJl --al 11- I I-N 11 nrum*OMR WHOPS(M.0f 8 " P00F070 1700'YORONEE b PR?P44C 1-10:41F CORM PR7K90 1-/03111 Res 6102PRYCSEr CAMAS o14ET SraFtrf IEIQ OP��IOPFF KONY7KM lap t MH PI Tower Development, LLC Agenda Item 1 Page 7 Balloon Test Photos x ''at .. y t: ifs -r' r yalik . A._1 i i i. Li ciet _ ‘ \ :w> h 0 61 2420110 . ` .r BC175'-0"Monopole Tower w!4'Lightning Rod-Visible VA-Virginia Beach-Kempsville .. - . ..c^!' N1„-Iron Jona,ci. -.. i2314Chalkiloa Dr.S1rxl.such.%•A 21562 From Jacob Court t.. { N - �'.1.•-•'\'' `. 5 • — --- .• It. • '•.,a. ter:_m - (i �r-Frrir�ir' 1 Ir - II _11) . gig' I r - •�- ,-it u .ti?+ "4110t, 13C175'-0”Monopole Tower w!4'Lightning Rod•Visible VA-Virginia Beach-Kempsville .... 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PI Tower Development, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME PI Tower Development, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board •The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4- SECTION 1 / APPLICANT DISCLOSURE ()R CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 anti!rig Commission and City Council meeting that pertains to the application(s) El APPLICANT NOTIFIED OF HEARING DATE. l2' NO CHANGES AS OF )ATF III Z '/t �J JtrltalIlan Sanders o REVISIONS SUBMITTED / PI Tower Development, LLC Agenda Item 1 Page 10 Disclosure Statement Virginia Beach nCheck 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: PI Tower Development, LLC If an LLC, list all member's names: Paul Walsh, CFO; Yannis Macherras, Sr. Vice President 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. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Shane& Merle Early If an LLC, list the member's names: Page 2 of 7 PI Tower Development, LLC Agenda Item 1 Page 11 Disclosure Statement Virginia Reach 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 PI Tower Development, LLC Agenda Item 1 Page 12 Disclosure Statement APPLICANT '' Virginia seat. YES NO SERVICE I PROVIDER(use additional sheets if needed) u X Accounting and/or preparer of your tax return n Architect/Landscape Architect/ I BC Architects Engineers PLC("BC")& Land Planner Sabre Industries("Sabre") Contract Purchaser(If other than El the Apulicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers/Surveyors/Agents BC,Sabre and Sitesafe LLC Financing(Include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Willcox&Savage,P.C./Lisa Murphy Real Estate Brokers / Network Building&Consulting LLC nn 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 X 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 PI Tower Development, LLC 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 meeting, or meetIng of any public body or committee in connection with this Application. 1 • LisA M. rt i to iZ-tb :. — • -'PIMP'� -� PRINT NAME AT ro4W e Y FO(L DATE FUcAN Page S of 7 PI Tower Development, LLC Agenda Item 1 Page 14 Disclosure Statement \AB OWNER Virginia Beach YES NO SERVICE PROVIDER(use addklonal sheets If needed) ❑ Fl Accounting and/or preparer of your tax return 111 Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(jf other than ® the Applicant)- 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) 111 Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ ,' r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O Legal Services Real Estate Brokers / Agents/Realtors for current and 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 ❑ 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 PI Tower Development, LLC Agenda Item 1 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. R AR Gy 21')4! P OPE Y OWNER'S SIGN RE PRINT NAME D.ATC Page 7 of 7 PI Tower Development, LLC Agenda Item 1 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. PI Tower Development, LLC Agenda Item 1 Page 17 Item #1 PI Tower Development Conditional Use Permit 5238 Challedon Drive District— Kempsville November 14, 2018 APPROVED Mr. Fisher: The first item being heard today is agenda item number one, PI Tower Development, LLC. This is an application for a Conditional Use Permit for Communication Tower on property located at 5238 Challedon Drive. Is there an applicant here to speak? Please state your name for the record. Ms. Murphy: Good afternoon chairman, vice chair, members of the Planning Commission, for the record my name is Lisa Murphy. I am a local attorney and I am here today on behalf of the applicant. I would like to thank Jonathan Sanders for working with us on this diligently. As most of you all know the recession greatly increased the number of wireless only homes. Back years ago when I started doing this, there was 10%or fewer of homes were wireless only. When the recession hit, folks start to getting rid of their landlines most of us either have it and don't use it or don't have a landline. In fact, 52% of Americans are wireless only at home that number is 70% for millennials, so they don't even know what a wire line phone is. So you have the number of users especially in residential areas increasing dramatically but you also have the number of users increasing dramatically. You have people using their phones as their basically their laptop. They are downloading, they are streaming,they are videotaping today's session. I don't know if they are streaming it live, but all of these things take data and capacity and additional antennas which is why we are here today. The proposed tower, the initial user on this tower will be T-Mobile as it indicates in the staff report. T-Mobile's existing network has a hole in it. They have got existing towers to the north, tower that they are collocated on the ground communications owns to the east about a mile.They are on an SBA towers at the Baxter Road,to the south. There is a tower at the Fairfield Shopping Center that T-Mobile is already on and that's just under a mile away. So as you can see, towers are starting to get closer and closer together. These are within a mile. The closest site to the west is about 2 miles away. I will show you the propagation maps although I think you got these in your packet. This just shows you the existing coverage, the dark green being the excellent coverage, the tower that at the north at Witchduck to the east at Baxter Road and then you got the existing hole here. The proposed communication tower, which is at the hole itself is a 170-foot monopole with a 5-foot lightening rod, and that would enable T-Mobile to be able to plug that hole with the nice start green good solid coverage both in the residential areas and in the commercial areas. It is difficult to cover residential areas so as the staff report indicates, we really worked to locate a tower site that would be out of the right-of-way and away from residential structures. So we are trying to get antennas to homes without putting in a place that's too obtrusive. The photo simulations you have in your application or in the packets shows and as the staff report indicates there is a small portion that would be visible above the tree line. This will be built for T Mobile as I said the initial user and three additional users, so other carriers would be able to enhance their networks by utilizing this pole. The applicant submitted, I think Kay went over this with you all but as part of the city's requirement, the applicant is required to submit a proof that it complies with federal law with regard to emissions and the applicant has submitted that report and it shows the emissions are 1000s of times below with the federal maximum level is and we are fully compliant in that regard from a federal standpoint. This shows you the photo sims, this is the location of the structure, so we worked with the owner of the property to place the tower behind the existing building. One of the conditions, condition number seven addresses some of the cleanup that will happen in the front of the property. There is a shipping container, there are some additional bulk storage that's in the front of that property that the applicant will be working with the property owner to remove and that will happen within two months of the commencement and construction. We, as the staff report indicates, comply with the zoning ordinance and the requirements. I am happy to answer any questions that you have as Commissioner Weiner indicated at the informal session, we did reach out to the Fairfield Civic League as well as through Commissioner Weiner the Carolanne Farm Civic League and I made myself available and accessible. So I am happy to answer any questions that you have and we would respectfully request that you recommend approval of this application. Thank you. Mr. Thornton: Does anyone have any questions to Ms. Murphy, thank you. Mr. Fisher: We do also have one speaker in opposition with Mr. Donald Barrigar, come forward please. You can state your name for the record sir. Mr. Thornton: State your name for the record please, state your name for the record please. Mr. Barrigar: Oh okay, my name is Donald Barrigar and I live in that house that was just shown few minutes ago about 300 feet from where this proposed tower is going to be. At 9 o'clock meeting this morning I realized that the government has agreed that communications towers are safe, but other governments have more concern for its citizens. In China, the law is that pregnant woman have to wear protective clothing to protect the unborn child and in Beijing, pregnant woman are stopped in the street by policeman and checked for protective clothing over the pregnant womb. The countries that have the strictest limiting EMF and telephones are Russia and Iran. Putin said we don't need to go to war with America, America is committing collective suicide by the way it's using electricity. All we have to do is wait, until they are all in the psychiatric hospital and an EMF study in Sweden that found strong correlation between location with high EMF level and Alzheimer's disease. The examples to the risk to health goes on and on and research shows the government's evaluation of EMF hazard is completely wrong. EMF from communication towers have caused headaches, insomnia, sleep disturbance, ear ringing, fatigue, cognitive disturbance, irritability, tumors, cancer, infertility, autism, and DNA damage. A friend of mine once told me that where there is big money, there is big greed. I suspect there is lot of corruption going on in the communication business. Recently, the federal government appointed the head lobbyist for the telecommunication industry to be the head of the federal communications commission perhaps a conflict the interest. Remember when the government did not stop tobacco interest from causing very serious health hazards to people, now the communication interests are causing very serious health hazards to people and how about man becoming infertile. One researcher believes that within two generations, we will no longer to be able to father children. I know that because the government saying communications are safe, you will approve the tower in Kempsville but I asked why it cannot be built away from people. Does the city of Virginia Beach have control over what and where has been it will be built? Mr. Thornton: Excuse me sir, you have reached your five minutes, so summarize quickly. Mr. Barrigar: Okay one final thought, would any of you within this council want a tower built within 300 feet of your house if you had done the research on the hazards of EMF, thank you? Mr. Fisher: We also have one more speaker, Ms. Barbara Mesner. Come to the podium please. You can state your name for the record ma'am. Ms. Mesner: Barbara Mesner. I have spoken before city council opposing the cell towers and I have sent correspondence to the city manager. I am used to seeing the city manager over there and all the dangers, it's supposed to be one mile for safety, at least one mile for many residents not 300 feet. So I definitely oppose it, I understand the lobby issues but you know in other countries,they don't allow the towers to be built close to homes. Since I am speaking on public safety, the LED lights, the research on that to the city manager and to different people at the city those who are extremely dangerous. It's horrible, poor lighting, and it's very bad for your retina if anyone does the research, thank you. Mr. Thornton: Thank you. Mr. Fisher: That is all. Mr. Thornton: That is all. Okay would you have any comments, rebuttal comments Ms. Murphy? Ms. Murphy: Quickly, as I mentioned the applicant is required by the ordinance submitted a near report which is a report that estimates with the emissions at ground level will be and in this case, it will be 1000s of times as I indicated below the maximum level that the government sets. The antennas operating on the tower itself, the emissions are meant to go outward and at ground level where people are, emissions are next to nothing. I don't know how many of you were on the Commission at the time but I did a second tower at First Colonial High School. As you all probably know the city has encouraged the use of high schools for communications towers, they are mostly on top of light poles on football fields. We actually did a reading at the base of an existing tower and the emissions coming off of people's the radios on their boats was coming through stronger than any of the emissions from the tower. So I think there is a confusion as far as the antenna operations and that thing that you have that is sitting in your pocket or sitting in your purse, or sitting in your lab, or is very close to you. So there is an important distinction, but again as Kay indicated, once the applicant shows that they are fully compliant with federal law, the congress has determined and that's not really within the local governing bodies per view. I assure you they are safe, they wouldn't be at the schools if they weren't safe. If there was any question, I know Mr. Horsley to answer the question that one of the folks had, has a tower very near his house and on his property. I don't think this is really an issue where there is any more studying and certainly not something that can be considered at this point again given that the applicant is fully compliant. Mr. Thornton: Any further questions with Ms. Murphy, thank you. With that, we will close the public hearing and take up amongst ourselves, does anybody have any questions or make a motion? Don. Mr. Horsley: Ms. Murphy, I didn't know you knew I had a tower in my backyard, but you never know what people know about you, but we do have a tower. I don't think it's 300 feet but it's probably 400 feet or something from my backyard, back door but we have had no problems with it. I mean, it's virtually, you don't even realize it's there. We get some trees around us and we virtually aren't able to see it. So the tower is not a nuisance to us where we are, but the towers are becoming more and more essential to everyday life of all of us. As Ms. Murphy said, you know, people do away with landlines and the telephones, so the communication is key to everything that we do now so I don't have a problem with it. Mr. Thornton: Mr. Weiner. Mr. Weiner: I am going to ask Mrs. Wilson because she briefed us this morning about what we can and what we cannot do about safety issues for towers? Ms. Wilson: That would be part of the new ordinance that you all have passed now but also that Ms. Murphy is of course correct that the federal government has said that EMF emissions are not a debatable issue for the locality. Mr. Redmond:With that, I will make a motion to approval. Mr. Thornton: I have a motion by Mr. David, any other, second? Mr. Wiener: I will second. Mr. Thornton: Thank you. Ms. Dozier: Vote is open. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Mr. Fisher: By the vote of 10-0, agenda item number one has been approved. CONDITIONS 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "VA - Virginia Beach - Kempsville - PIVA062," drawn by BC Architects Engineers, and dated 08/22/2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 175 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 7. There shall be no shipping containers, trailers, sheds or bulk storage of materials allowed within the front yard of the site two months following the commencement of construction of the Communications Tower. 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. I (4)stilt:?? „ . ,” Ly.v CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO PERMITS FOR FENCES MEETING DATE: December 11, 2018 • Background: According to the current policy of the Zoning Office, a permit is required for the installation or repair of any fence located within 30 feet of a right-of-way, as well as any pool enclosure. This mainly impacts corner and through lots. A large portion of fences within the city do not require a permit. This amendment would amend Section 201 of the Zoning Ordinance and require a permit for any new fence or repairs to an existing fence that exceed 50% percent of the total linear feet of the existing fence. Fence permits are issued by the Zoning Office with an `over-the-counter' review. A sealed site survey showing the existing conditions of the lot is required to obtain a permit. Upon completion of work, each permit requires an inspection to ensure compliance with zoning requirements. The property owner will be responsible for providing information locating the property lines as needed. • Considerations: This amendment provides the City's Zoning Office with an increased scope of enforcement for fencing, regardless of its location on the site. Given the volume of permits, inspections and complaints that this amendment may generate, additional staff and resources may be needed. • 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. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D= •art • ent/gency: Planning Departmen City Manager: REQUESTED BY MAYOR JONES 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO PERMITS FOR FENCES 4 5 Section Amended: § 201 of the City Zoning 6 Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 201. - Yards. 18 19 20 21 (e) Requirements for fences and walls. Except as may be provided by the 22 regulations of the Oceanfront Resort District Form-Based Code, the following 23 requirements shall apply to fences and walls: 24 25 . . . . 26 27 (8) A zoning permit shall be required for the construction of all fences and walls, 28 and for repairs that are more than fifty percent (50%) of the existing fence or 29 wall, measured in linear feet. A current site survey or other documentation 30 sufficient to ensure that the fence is placed in the correct location is required 31 for such permit. 32 33 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2018. 37 38 39 APPROVED AS TO LEGAL SUFFICIENCY: Lt.J4-5& \__J Ci y ttorne 's Office CA14453/R-2/October 3, 2018 NBI)Applicant City of Virginia Beach Agenda Item Public Hearing November 14, 2018 /� Permitting Requirements for Fencing r 2 Virginia Beach Request An Ordinance to amend Section 201 of the City Zoning Ordinance pertaining to permits for fences. Summary of Request The City of Virginia Beach currently requires a permit for any new fencing or fence repairs within 30-feet of any public right-of-way, as well as any fence required to enclose a pool. This mostly impacts corner lots and through lots.This amendment, as proposed by Mayor Louis Jones, would require that a permit be issued for any new fence or repairs to an existing fence exceeding fifty-percent (50%) of the total linear feet of existing fence, regardless of its proximity to a public right-of-way. Fence permits are issued by the Zoning Office.A current sealed site survey is required to obtain a fence permit. Inspection for compliance once the fence is constructed or the repair is complete will require the home owner to locate the property pins, whether on the site or by obtaining an as-built site survey. Recommendation Given the volume of permits, inspections and complaints this amendment may generate, additional Staff may be required to accommodate the increase. Staff recommends approval of this amendment. City of Virginia Beach Agenda Item D2 Page 1 Item#D2 City of Virginia Beach—An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to Permits for Fences November 14,2018 APPROVED Mr. Fisher: By vote of 9-0, agenda item number 13 has been deferred. Last order of business is agenda item D2 City of Virginia Beach, an ordinance to amend Section 201 of the City Zoning Ordinance pertaining to permits for fences. Mr. Horsley: Mr. Chairman if you can please let them know we are going to have workshop. Mr. Thornton: Yes, I did, I will remind you that those of you who are leaving, we are going to have a workshop in November, it will be in the newspaper, it will be advertised, is that correct Barry. Ms. Wilson: No, it won't be in the newspaper, it will be in front of my office and in front of Barry's office. Mr. Frankenfield: We will put it on the website. Ms. Wilson: Okay November 20 Mr. Thornton: They are leaving, they don't care. But Mr. Kemp the guy that cost you to have to stay this entire time for this one item left and we have decided to move this to the consent agenda but anyway, we will hear it, you brief us and we will motion it and will be on our way. Mr. Kemp: Thank you Chairman, I am actually shocked that the room emptied out, I thought everyone was hear for my fence ordinance but. 1 Mr.Thornton: They hadn't read it. [Crosstalk] and we do not let him forget this month. Mr. Kemp: I certainly won't. Well, this is a proposed amendment to our fence ordinance which would require a permit for every fence, currently our ordinance requires a permit only for fences located within 30-feet of a public right-of-way, this would extend that permit requirement to all fences. One caveat is that if you are repairing an existing fence and you are repairing 50% or less of the length of that fence, you do not need a permit. So if the panel falls or a board falls and you want to repair it that you can do without a permit but if you want to replace the fence regardless of where it is on your lot, you do require a permit from the zoning division. I can just feel Jeff did ask about the frequency and in 2018 we're projected to provide 250 fence permits this year so right now the current ordinance that's about the volume we are proceeding. Mr. Thornton: Okay, Dee. Ms. Oliver: So with our missing commissioner, I have to say, I am kind of with him on this a little bit just because I am not quite sure I understand why we have to go to the trouble, why we are asking someone to go to the trouble to repair more than 50% of a fence with the time and the trouble and the expense it takes to come down to have all that done. I am just maybe you can help get us there. Mr. Kemp: Absolutely, we don't deal with the huge volume of fence complaints. This past year, we have only had 100 and most of them do not have follow-through, but there are few that are extensive and they usually involve fences on people's property, you know, dispute between two neighbors which is a civil matter 2 between those neighbors, what this ordinance amendment is aim to do is if there is a dispute like that, and a permit was not received, it would give the planning department at least the ability to go out, you know, make them get a permit and then be able to check the location based on the survey. Mr. Thornton: Jack. Mr. Wall: Actually, I think Dave has. Mr. Thornton: Okay Dave. Mr. Redmond:Which Dave? Mr. Thornton: Whichever wants to speak first? Mr. Redmond:No, I was going to say the other benefits, I am going to support this and I know this is come from some issues that Mr. Jones had brought to him and the other benefit of it is of course you got to get a permit, you are going to be more careful about what you are doing when you do, a lot of people who might and a fence keep in mind a permanent structure, some of them can be large permanent structures and so before you go and put a permanent structure on your property or right on your property line with your neighbor, you are probably going to be more careful about that and can tell the survey as oppose to going down to Lowes grabbing, you know, 75 feet of fence and popping it down and finding out later when your neighbors yelling at you over that fence that there is a conflict with that. I think the intention is it would cause folks to be more careful about that and that we would have fewer problems that we then have to sort out later on and that 3 is the I think that's probably the benefit to it so I am going to support the ordinance and I hope others do too. Mr. Thornton: Mr. Weiner. Mr. Weiner: Was there multiple situations that brought this up or there is one, big one that brought it up, I mean, I don't understand why? Mr. Kemp: There was one recently on Shore Drive that as Commissioner Redmond said that Mayor Jones was involved in but there have been several of these issues in the past couple of years that have escalated. Mr. Thornton: Question over here Jack. Mr. Wall: So what was the original intents of this ordinance, you know, an ordinance to amend Section 201, you know, what's the intent of this, the original ordinance, fence ordinance? Mr. Kemp: fence ordinance it list, you know, permitted height,The the ght, Permitted materials, locations, what planting it just gives those requirements but this amendment does is it specifically says and states that a permit is required, whereas currently we require a permit for the first 30 feet from a right-of-way but that is an explicitly said in our ordinance. This would extend that. Mr. Wall: Okay, there is, you know, some fence, you know, my property I have part of the fence I own and then you know I have a fence on three side, you know really all inclusive of my backyard and you know I own this sort of section right here, half of that falls down, you know, well that's my fence, you know, I only have a 4 section and you know I have to get a permit so if 51% falls down then I think it's a challenge to grab my hands around that I would have to come and get a permit for that and even though that's the intent, it's kind of explain that to my neighbors and it's like no, you own this part of, this section of the fence, you are going to have a permit for that. Mr. Kemp: And that's the nature of fences is it does involve some civil engagement with your neighbors and that is also the root of most of the problems we have with fencing and since you mention a permit, I will say a fence permit cost 35 dollars and 60 cents. Mr. Thornton: Do you go out and inspect the fence after it's installed to make sure it's on the legal property line? Mr. Kemp: Currently yes, we go out and inspect every fence permit and we have a little compliance card and if they are compliant, we leave it in their door and if they are not, we leave our contact information to get there,but yes we do. Mr. Thornton: Because one benefit of this is lots of fences are not put in the right place and it creates a title problem and people will have to move them, you know, you sell your house and the next thing you know your neighbor fences on your property so if you do inspect the locations so that should eliminate some issues downstream. Mr. Kemp: That is the hope. Mr. Thornton: Okay, good other questions,Jack. 5 Mr. Wall: So how do you know where the fence, like if it's in the right place, you may come out there and say well you know here is GIS. Mr. Kemp: GIS, you know, that could be plus or minus five feet, the two best ways are they will have to produce the sight survey to get a permit, all that with that, you know, we can pull dimensions to get a pretty close idea where the property line is, the most accurate way of course would be to have the pins mark. Mr. Wall: Okay. Mr. Weiner: I didn't quite get that. Mr. Kemp: They have to provide a site survey which is scaled and from that, we are able to you know really closely find where the property lines are. Mr. Weiner: Several hundred dollars. Mr. Kemp: Yes. Mr. Thornton: Mostly everybody should have one, yeah, Dave. Mr. Hodgson: I am sure nobody knows that we are doing it, nobody is doing it now, probably nobody is going to do that in the future, I don't really see it will be a big deal. I didn't say like that, I mean I am serious. I mean nobody, you get a permit now, I doubt anybody is going to do in the future, so I don't really think this is really a big deal. Ms. Wilson: You think nobody is going to get a permit Mr. Weiner. Mr. Weiner: There is going to be no. 6 Mr. Redmond:He is going to say people are going to be violating the ordinance. Mr. Weiner: Nobody knows about, you don't have to do it now, nobody knows about it. Mr. Thornton: [Crosstalk] Can we have a motion? Jack you have any more, you have got some really good questions. Mr. Wall: No, I don't have any more questions. I just, you know, I just want to say that you know good fences make good neighbors, so I will support it. Mr. Thornton: Mr. Redmond. Mr. Redmond:Mr. Chairman I will move approval of the ordinance. Mr. Thornton: Okay. Mr. Redmond has made a motion, do I have a second? Mr. Inman: Second. Mr. Thornton: Second from Mr. Inman. I have a motion, and a second, alright, ready. Mr. Fisher: By vote of 9-0, agenda item D2 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE 7 ,c4,,rir ,..,...„,,,) f..,-. ; ,,,..,....„, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: AN ORDINANCE TO AMEND SECTION 232 OF THE CITY ZONING ORDINANCE PERTAINING TO COMMUNICATION TOWERS MEETING DATE: December 11, 2018 • Background: In July 2018, the General Assembly adopted new regulations regarding 1 Communication Towers. The changes required by the General Assembly legislation lessens the City's ability to regulate communication towers. Significant changes include the following. • Removal of necessity for a Conditional Use Permit for new towers less than fifty (50) feet in height; • Removal of landscaping requirement; • Removal of setback requirement to structures; • Permits routine maintenance or replacement of wireless facilities and support facilities within a six-foot perimeter with facilities that are similar in size or smaller without Zoning approval; • Removal of balloon test, computer generated photographic simulations, visibility maps or similar requirements; and • Removal of requirement to notify the Planning Department of contact with surrounding property owners. • Considerations: This amendment is a necessary housekeeping item that will provide consistency between the City's Zoning Ordinance and the General Assembly legislation that was passed during the last session. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - . Agency: Planning Department Cr-------- City Manage 1 AN ORDINANCE TO AMEND SECTION 232 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO COMMUNICATION 4 TOWERS 5 6 Section Amended: § 232 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 232 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 232. - Communication towers; building-mounted antennas; small wireless 19 facilities. 20 21 (a) Purpose; applicability. 22 23 (1) The purpose of this section is to (1) facilitate the provision of wireless 24 communications services to the citizens and businesses of the city; (2) minimize 25 the risk of physical damage and other potential adverse impacts of 26 communications towers; (3) require, where commercially reasonable, the joint 27 use of communications towers by providers of wireless telecommunications 28 services so as to avoid unnecessary proliferation of communication towers and 29 related facilities; and (4) allow the use of public property under circumstances in 30 which such use (i) minimizes the potential adverse visual and other impacts of 31 communication towers and their appurtenances; (ii) does not adversely affect 32 the operation of public facilities such as public safety communications facilities 33 and water tanks for their primary purpose; and (iii) conforms to applicable 34 requirements pertaining to the use of public property for purposes of 35 communication tower siting. 36 37 (2) Notwithstanding the provisions of Section 105(d) of this ordinance, any co- 38 location of antenna arrays or other modifications to a communication tower or 39 base station that substantially changes, whether individually or cumulatively, the 40 physical dimensions of such tower or base station, shall require a new or 41 modified conditional use permit. For purpose of this section, the standards set 42 forth in Title 47, Part 1, Subpart CC of the Code of Federal Regulations (47 43 C.F.R. § 1 .40001 et seq.), or any successor regulation, shall be determinative of 44 whether a co-location or other modification substantially changes the physical 45 dimensions of a communication tower or base station. 46 1 47 (b) Definitions as used in this article, unless the context requires a different meaning: 48 49 "Administrative review-eligible project" means a project that provides for: 50 51 (1 ) The installation or construction of a new structure that is not more than 50 52 feet above ground level, provided that the structure with attached wireless 53 facilities is (i) not more than 10 feet above the tallest existing utility pole 54 located within 500 feet of the new structure within the same public right-of- 55 way or within the existing line of utility poles; (ii) not located within the 56 boundaries of a local, state, or federal historic districts; (iii) not located inside 57 the jurisdictional boundaries of a locality having expended a total amount 58 equal to or greater than 35 percent of its general fund operating revenue, as 59 shown in the most recent comprehensive annual financial report, on 60 undergroundinq projects since 1980; and (iv) designed to support small cell 61 facilities; or 62 63 (2) The co-location on any existing structure of a wireless facility that is not a 64 small cell facility. 65 66 "New structure" means a wireless support structure that has not been installed or 67 constructed, or approved for installation or construction, at the time a wireless services 68 provider or wireless infrastructure provider applies to a locality for any required zoning 69 approval. 70 71 "Standard process project" means any project other than an administrative review- 72 eligible project. 73 74 (c) Administrative review-eligible 75 76 (1) Administrative review — eligible projects shall be administratively reviewed 77 according to this section. 78 79 (2) A fee of $ is established for administrative review and a fee of 80 $ is established for standard process review. 81 82 (d) The processing of any application submitted under administrative review or any 83 zoning approval required for a standard process project shall be subject to the following: 84 85 (1) Within 10 business days after receiving an incomplete application, the City 86 shall notify the applicant that the application is incomplete. The notice shall 87 specify any additional information required to complete the application. The 88 notice shall be sent by electronic mail to the applicant's email address 89 provided in the application. If the locality fails to provide such notice within 90 such 10-day period, the application shall be deemed complete. 91 2 92 (2) Except as provided in subdivision 3, a locality shall approve or disapprove a 93 complete application: 94 95 a. For a new structure within 150 days of receipt of the completed 96 application; or 97 98 b. For the co-location of any wireless facility that is not a small cell facility 99 within 90 days of receipt of the completed application. 100 101 (3) Any period specified in subdivision 2 for the City to approve or disapprove an 102 application may be extended by mutual agreement between the applicant and 103 the City. 104 105 (e) No response. A complete application for a project shall be deemed approved if the 106 City fails to approve or disapprove the application within the applicable period specified 107 in subdivision (d) administrative review or any agreed extension. 108 109 f) Disapproval. If a locality disapproves an application submitted under (d) 110 administrative review or for any zoning approval required for a standard process project: 111 112 (1) The City shall provide the applicant with a written statement of the reasons for 113 such disapproval; and 114 115 (2) If the locality is aware of any modifications to the project as described in the 116 application that if made would permit the City to approve the proposed 117 project, the City shall identify them in the written statement provided under 118 subdivision 1. The City's subsequent disapproval of an application for a 119 project that incorporates the modifications identified in such a statement may 120 be used by the applicant as evidence that the locality's subsequent 121 disapproval was arbitrary or capricious in any appeal of the City's action. 122 123 (q) Discrimination. A locality's actions on disapproval of an application submitted under 124 administrative review or for any zoning approval required for a standard process project 125 shall: 126 127 (1) Not unreasonably discriminate between the application and other wireless 128 services providers, wireless infrastructure providers, providers of 129 telecommunications services, another providers of functionally equivalent 130 services; and 131 132 (2) Be supported by substantial record evidence contained in a written record 133 publicly released within 30 days following the disapproval. 134 135 (h) Appeal. An applicant adversely affected by the disapproval of an application 136 submitted under administrative review or for any zoning approval required for a 3 137 standard process project may file an appeal pursuant to law within 30 days following 138 delivery to the applicant or notice to the applicant of the record described in section g. 139 140 (bi) Preapplication conference. Prior to submitting an application for a conditional use 141 e- ••' _e •• •• . •'._ ': • e • - an administrative review or standard process review, 142 the applicant shall meet with the director of planning or his designee in order to discuss; 143 the application. 144 145 - _ e _ -- e _. -e •- eee - _ - -.. - - - _ 146 ._ . . _ •'._ 'e- _ - - .' _ e _ e. e . .-e 147 148 149 - 150 - e e :: -: .: -• •- - . • _ . 151 152 _ - :-.". ' _ "a -e e - - : _:e -e . ee -- e'ae, e. •- -: 153 --- - 154 - -- -- _ . - -- - : . - - ., .. 155 - •• •• - - :: -- '_ - 156 157 - - - 158 159 - - -- _ ,- - - - - - - - -- : . 160 161 ` e - == -- : . _- -. . . - •• - - -- . .. . -- - - - ----= 162 eofthe 168pr _ • - - . :: '-- e -e - - - -- • e. 163 164 (ej) Application requirements. - .:: :• e -- •- - • . e • e .' -e _ _ _ 165 aApplications shall include the following items: 166 167 (1) A site plan or plan drawn to scale, showing the location and design of the 168 proposed tower, including any accessory buildings or other appurtenances, 169 vehicular parking areas, access points, landscaped areas, adjacent land uses, 170 and any other information required by the planning director; 171 172 (2) A landscaping plan showing the type, size, number and location of plant 173 materials, including existing trees or other plant materials to be used; 174 175 (3) A report from a professional engineer licensed in Virginia, under seal, detailing 176 the height, design and total anticipated capacity of the proposed tower, 177 including the number and type of antennas that can be accommodated, and any 178 other information deemed necessary by the Building Code Administrator to 179 determine whether such tower conforms to the requirements of the Virginia 180 Uniform Statewide Building Code. Such report shall also include a certification 181 from the engineer that the tower is capable of supporting the total anticipated 182 capacity of the tower, including all appurtenances; 4 183 184 (4) A certification from a professional engineer licensed in Virginia, under seal, that 185 all antennas or antenna arrays intended to be affixed to the proposed tower 186 comply with all applicable regulations promulgated by the Federal 187 Communications Commission pertaining to the emission of radio frequency 188 radiation; 189 190 _ -- - - - e eee - -- • • - -- - e • - - e.- - - - e -- e 191 •• : -- '. . :. ••-- _ 192 . . . - .... .. . . -- . . • - - - - - -' -- - .: -- 193 194 195 196 : • - - - e e:: e e .. _ :. . , - _ - 197 •• - -- . . - - - - - - - . . -• -198 : - - - - -- - - - 199 200 b. A summary of the applicant's planned contacts with the residents of the 201 area regarding the proposed tower. The applicant shall, as soon a., 202 . _ '.. e - - - - - -- - - - ---- •: ' . 203 of the substance of such contacts, including the neighborhoods or other 204 - - . - ': - - - - .: • . . -: : - - :- ' 205 206 (6) Verifiable information satisfactory to the planning director of the lack of available 207 space or structural capacity for the applicant's wireless telecommunications 208 equipment on (i) existing towers, buildings or other structures, (ii) sites on which 209 existing towers are located, or (iii) sites on which the proposed tower would be 210 less visible from or located a greater distance from residential or apartment 211 districts than the proposed location. Information submitted to demonstrate such 212 findings shall include, but not be limited to: 213 214 a. The absence of existing towers or other structures meeting the height, 215 structural strength or other technical needs of the applicant within the 216 appropriate geographic area; 217 218 b. Engineering analyses demonstrating that the applicant's proposed 219 equipment would cause interference with the equipment on an existing 220 tower of other structure, or the equipment on an existing tower or other 221 structure would cause interference with the applicant's proposed 222 equipment; or 223 224 c. Evidence that the rents, fees or other contractual provisions required to co- 225 locate the applicant's antenna equipment on an existing communications 226 tower, or to construct a communications tower on property to be purchased 227 or leased, would be commercially unreasonable in light of the location of the 228 proposed facilities; 5 229 230 (7) Where the proposed communication tower or antenna is to be located within 231 one (1) mile of an existing or planned public safety communications facility, an 232 intermodulation study submitted by a professional engineer licensed in Virginia, 233 under seal. Such study shall: 234 235 a. Include the frequencies used by the city or other public entity for public 236 safety purposes at any site within one (1) mile of the proposed facility; 237 238 b. Analyze 2nd, 3rd, 5th and 7th order intermodulation calculations using the 239 maximum number of signals for each order; and 240 241 c. Include the frequencies used for each intermodulation order calculation, the 242 name of the channel used and the bandwidth of each channel; 243 244 (8) A geographical map, with sufficient markings and detail, illustrating that the 245 proposed communications equipment will not be located within a two-hundred- 246 foot buffer of the microwave path between any existing public safety 247 communications sites; and 248 249 (9) Where the proposed wireless communication equipment is to be located on a 250 water tank or within the secure area of any water tank site, a security plan 251 showing the times at which access to the proposed equipment will be allowed, 252 the identities of the persons with authorized access to such facilities and such 253 other information as the director of public utilities may require; provided, 254 however, if such security plan is incorporated in a lease between the city and 255 the applicant, this requirement shall be waived. 256 257 (4k) Locational and design requirements. In determining whether to grant or deny an 258 application under administrative review or standard process conditional use permit 259 application for a new or expanded communication tower or other wireless 260 telecommunication equipment, the city council shall give primary consideration to the 261 following factors: 262 263 -- -- ._ _ . _ : - • ' - - - - - - • 264 -- • '= - - --- -- - - - - - : - - - : - - . - . - - --• -- - 265 : •. : . _ - : - - - - = -- ' . :- - • - • - 266 : _ e _ : • : 267 268 -- _ . - _ -: _ e---- • - - : - .--e •. - - e - e -- - -269 - _ - e - - - : • - _ _ •- 270 271 ::.. •-- _ - - : - - _ •-- 272 6 273 -- : . • -e -: . e • -- - - : • .e - - - - -• . -: 274 - - - - - : • - - _ e - ee - ': . - • -- - - --• - • - 275 .. . _ e -. : e- _ - - 276 277 e e - ee e -e _; .. . .. e - - e e -• - - - - - - _ _• 278 . e - -• - - --- - ' -- - - ._ - - _ . -. _- _ _ _ 279 e . e:- . _ 280 281 -- - - •- . ::: - -- • • - -- e • = • - • - - - - - - - - -282 _ - - - e- . - - --- _ e: - - - - - - - -. - _ •: -: • -- - = 283 e _ - • -- _ .. : . - - - "- _ eee -e . - e - 284 than one hundred (100) feet in height or at I ac e - -- 285 e : e_ -e e • - - - • - - . _ el -- - -• _ -e 286 287 A -- -- -- - - -• _ _ _ _ _ __ - : : -_ : e •- -: _ -••-• 288 : - - - e - :-• . • •: : - - - - - -- - - - -- - - - - 289 tanks;-and 290 291 A .- • -- . :: ._ . . - - - e - - • - - -- - __ ':- : -- 292 293 - -- . . .. -: .: .. . . -- - - - . e:- ._ . .. _ .'. : •. : - 294 - .. - :: -- - - e •- e.. •e - a •- - - :: - - • - 295 296 (1) Whether the proposed height of any wireless support structure, wireless facility, 297 or wireless support structure with attached wireless facilities exceeds 50 feet 298 above ground level, provided that the locality follows a local ordinance or 299 regulation that does not unreasonably discriminate between the applicant and 300 other wireless services providers, wireless infrastructure providers of 301 telecommunications services, and other providers of functionally equivalent 302 services; or 303 304 (2) Whether the applicant proposes to locate a new structure, or to co-locate a 305 wireless facility, in an area where all cable and public utility facilities are 306 required to be placed underground by a date certain or encouraged to be 307 undergrounded as part of a transportation improvement project or rezoning 308 proceeding as set forth in objectives contained in a comprehensive plan, if: 309 310 a. The undergroundinq requirement or comprehensive plan objective existed 311 at least three months prior to the submission of the application; 312 313 b. The locality allows the co-location of wireless facilities on existing utility 314 poles, government-owned structures with the government's consent, 315 existing wireless support structures, or a building within that area; 316 317 c. The locality allows the replacement of existing utility poles and wireless 318 support structures with poles or support structures of the same size or 319 smaller within that area; and 320 321 d. The disapproval of the application does not unreasonably discriminate 322 between the applicant and other wireless services providers, wireless 323 infrastructure providers, providers of telecommunications services, and 324 other providers of functionally equivalent services. 325 326 (3) Nothing in this article shall prohibit an applicant from voluntarily submitting, and 327 the locality from accepting, any conditions that otherwise address potential 328 visual or aesthetic effects resulting from the placement of a new structure or 329 facility. 330 331 (4) Nothing in the article shall prohibit a locality from disapproving an application 332 submitted under a standard process project on the basis of the availability of 333 existing wireless support structures within a reasonable distance that could be 334 used for co-location at reasonable terms and conditions without imposing 335 technical limitations on the applicant. 336 337 (el) Construction requirements. All communication towers .e • . - -e e - e. •e -e 338 after the adoption of this section shall comply with or exceed all applicable requirements 339 of the Virginia Uniform Statewide Building Code, including all model codes incorporated 340 therein. In addition, all such towers shall be non-illuminated and painted such color or 341 colors as to minimize visibility, unless otherwise required by Federal Aviation 342 Administration, Federal Communications Commission or other applicable laws or 343 regulations. 344 345 (m) No zoning approval required. The City shall not require zoning approval for (i) 346 routine maintenance or (ii) the replacement of wireless facilities or wireless support 347 structures within a six-foot perimeter with wireless facility or wireless support structures 348 that are substantially similar or the same size or smaller. However, the City may require 349 a permit to work within the right-of-way for that activities described in clause (i) or (ii), if 350 applicable. 351 352 (n) Reporting. That any publicly-owned or privately-owned wireless service provider 353 operating within the Commonwealth or serving residents of the Commonwealth shall, by 354 January 1, 2019, and annually thereafter until January 1 , 2025, provide to the 355 Department of Housing and Community Development a report detailing by county, city, 356 and town enhanced service capacity in previously served areas and expansion of 357 service in previously unserved geographic areas that are provided access to wireless 358 services. Notwithstanding any other provision of law, the Department shall maintain the 359 confidentiality of company-specific data but may publicly release aggregate data. 360 361 (fo) Landscaping and screening requirements. Landscaping and screening shall 362 conform to the following standards: 8 363 364 (1) Existing trees on the lot or within the leased area or other area within the control 365 of the applicant shall be preserved to the maximum extent practicable; 366 367 (2) To the extent permitted by applicable setback requirements, towers shall be 368 located on a site so as to maximize the effectiveness of trees as screening. 369 370 e e e- _ _ -e I! -- _ - •- - _ e-- = • e 371 - - _ -- - - . e e •e - -- -= - - - - - - -- • -- _ 372 with individual plantings spaced not more than five (5) feet apart, shall be 373 e e •- . - -et 'e- . - e -- 374 -374375 - 376 feet of the perimeter of the required setback line; 377 378 e e • - _ - :-_ - . •e _ •• -- - - - : . , - 379 requirements of subdivision (3) above, one (1) row of deciduous trees, with a 380 •- - • .. _ _ _ . . - ' _ _ ••- e e - •e -- -381 not more than forty (40) feet apart shall be provided within twenty five (25) feet 382 of the perimeter of the required setback; 383 384 - ' .. e - - : :- - - -: • - --- e - - - - - e 385 e e. e - - - ••e e . • - - •- : e::: e .. . e- - - - - - - • 386 planting season following the granting of a conditional use permit, unless 387 wee ee '. - . - . _ .. . ---e we - e •- -• . • e - • • e e .•- - •: 388 ... •• _ • . - -: - _ •: : e -: -: •- - 389 390 . -e •• - _ • _ . _' - •--- _ - _ : e -- --- _ _ . 391 - . e e - • - e e e _ . ••:e' •-e e - -* - -.• 392 393 394 (gp) Setback requirements. The following setback requirements shall apply to 395 communication towers other than those affixed to electrical transmission line structures: 396 397 (1) Minimum side and rear yard setbacks, as measured from the base of the 398 communication tower, excluding its appurtenances, shall be fifty (50) feet in 399 residential, apartment, mixed-use and agricultural districts and twenty-five (25) 400 feet in all other districtsT, e _ -e e - e- e . -e 401 - - - - - - - - - -- •• - • . . _ - - - - - -- 402 v- - e- _ - e •- • -': - e e - -: e : •- _ 403 further, that tThe minimum setback from any street, as measured from the base 404 of the tower, shall be fifty (50) feet. : ' - - _ • - - -e e••_ e e • •e - 405 • - - -- - - - - - - - - - -. . - - - 406 other setback to be necessary or advisable to protect existing or future 407 structures from damage, to enhance the screening effect of on or off site trees 408 e - - e e e e ee - - - : - 9 409 410 (2) Minimum setbacks of equipment buildings shall be as specified in the zoning 411 district regulations. 412 413 (keg) Public safety communications facilities; water tanks. In light of the special 414 security and public safety concerns applicable to sites occupied by city facilities such as 415 public safety communications facilities and water tanks, the following additional 416 requirements shall apply: 417 418 (1) Public safety communications facilities. No private wireless telecommunications 419 facilities shall be allowed: (i) on sites with public safety communications facilities 420 or within the secure compounds of such sites; (ii) in any location at which the 421 director or communication and information technology determines, based upon 422 an intermodulation study required by subdivision (7) of subsection (c), that the 423 operation of the proposed wireless telecommunications facilities would present 424 a substantial possibility of causing interference with one or more public safety 425 communications facilities and cannot be satisfactorily mitigated; or (iii) in any 426 location within a two-hundred-foot buffer of the microwave path of any existing 427 or future public safety communications microwave facility. 428 429 (2) Water tanks. No private wireless telecommunications facilities shall be allowed 430 on any city water tank or within the secure area of any water tank site unless 431 there is a demonstrable public need for wireless telecommunications services 432 in the area to be served by such facilities and there is no reasonable alternative 433 site available. In such cases, the applicant shall be required, as a condition of 434 the conditional use permit, to comply at all times with a security plan approved 435 by the city council. 436 437 (jr) Other requirements. The following additional regulations shall apply to all 438 communication towers: 439 440 (1) No signage shall be permitted on any communication tower; 441 442 (2) All communication towers and their appurtenances shall comply with applicable 443 regulations of the Federal Communications Commission and Federal Aviation 444 Administration. Where regulations and requirements of this section conflict with 445 those of the Federal Communications Commission or the Federal Aviation 446 Administration, the federal requirement shall govern; 447 448 (3) All communication towers shall be subject to periodic reinspection by the 449 building code administrator. If any additions, changes or modifications are to be 450 made to the structural characteristics of the tower, the building code 451 administrator shall have the authority to require proof, through the submission 452 of engineering and structural data, that the addition, change or modification 453 conforms to structural wind load and all other requirements of the Uniform 454 Statewide Building Code; and 10 455 456 (4) Any communication tower or wireless telecommunications equipment that are 457 not in use for a period of one (1) year shall be removed within ninety (90) days 458 after notification by the planning director. If not so removed, the city may 459 contract for their removal and charge the cost thereof to the owner of the 460 communication tower or wireless telecommunications equipment. 461 462 (js) Special provisions for communication towers affixed to electric transmission line 463 structures and building-mounted antennas. 464 465 (1) Communication towers affixed to electric transmission line structures and 466 building-mounted antennas shall be allowed as principal uses where so 467 permitted in the district regulations, provided that the following requirements are 468 met: 469 470 a. Communication towers and building-mounted antennas shall be made of 471 materials or painted in such manner as to match, to the maximum extent 472 practicable, the color of the structure upon which they are affixed or 473 mounted; 474 475 b. Communication towers shall not project above the top of the structure to 476 which they are affixed by more than twenty (20) percent of the height of the 477 structure; 478 479 c. The owner of the communication tower or his agent submits to the planning 480 director a list containing the name and last known address of the owner of 481 all abutting lots, as shown on the current real estate tax assessment books 482 or current real estate tax assessment records. The planning director shall 483 thereafter notify such property owners of the filing of the site plan or building 484 permit application seeking approval of the communication tower. No such 485 site plan or building permit shall be approved for a period of seven (7) days 486 from the mailing of the notices; and 487 488 d. Building-mounted antennas shall conform to the requirements of section 489 207. 490 491 (2) Communication towers affixed to electric transmission line structures and 492 building-mounted antennas not meeting the applicable requirements of this 493 section may be permitted as conditional uses where so provided by the 494 regulations of the district in which they are located. 495 496 (kt) Temporary communication towers not meeting the requirements of section 207 497 may be allowed as conditional uses where so provided by the regulations of the district 498 in which they are located. Small wireless facilities not placed on existing structures may 499 be allowed as conditional uses where so provided by the regulations of the district in 500 which they are located. 11 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / I%, Or m,410 (64V.))•ov•) anning ' -pa, me City Attorney's's Office CA14455 R-2 October 15, 2018 12 Item #D3 City of Virginia Beach —An Ordinance to Amend Section 232 of the City Zoning Ordinance pertaining to Communication Towers November 14, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number D3, and this is an ordinance to amend Section 232 of the City Zoning Ordinance pertaining to Communication Towers and Mr. Kemp is going to read this and explain this to us all today. Mr. Kemp: Thank you Commissioner Oliver. For the record Kevin Kemp,Zoning Administrator. This amendment, it cinqs up our ordinance with legislation that was passed by the general assembly this past year regarding the regulation of cell towers. What it does, it really minimizes what we can ask for reviewing cell towers, I will give you few of the main differences. First is any tower less than 50 feet, it will be reviewed and approved administratively and will not come before your council. There is no longer a fall zone, we can no longer require landscaping and lastly in review of it, we can no longer require there to be balloon test or photo stimulations of what the tower will look like, but this is a housekeeping issue and from that, it does cinq the ordinance with the state legislation. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ms. Oliver: Thank you. Mr. Chairman that was the last item on the consent agenda and I would like to move to approve consent agenda items number three, four, ten, eleven, twelve, D1 and D3. Mr. Thornton: We have a motion, do we have a second? Mr. Horsley: Second. Mr. Thornton: Second by Mr. Horsley. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 10-0, agenda items number three, four, ten, eleven, twelve, D1, and D3 have been approved. it Applicant City of Virginia Beach Agenda Item Public Hearing November 14, 2018 Communication Towers D3 Virginia Beach Request An Ordinance to amend Section 232 of the City Zoning Ordinance pertaining to Communication Towers. Summary of Request In July, 2018, the General Assembly adopted new regulations regarding Communication Towers. This proposed amendment updates the City Zoning Ordinance to reflect the changes in State Code. This amendment lessens the City regulation and permitting requirements for Communication Towers. Some of the major changes include the following: • Administrative review for any tower less than 50-feet in height, instead of requiring a Conditional Use Permit. • No landscaping required. • Setback requirement of 125-percent the height of the tower to an existing structure is removed. • No zoning approval is required for routine maintenance or the replacement of wireless facilities and support facilities within a six-foot perimeter with wireless facility or with support structures that are similar in size or smaller. • No balloon tests, computer generated photographic simulations, visibility maps or similar are required to be submitted. • Applicant is not required to inform the Planning Department of contacts with surrounding properties. Recommendation Staff recommends approval of this Ordinance. This Ordinance will align the Zoning Ordinance with legislation adopted by the General Assembly. City of Virginia Beach Agenda Item D3 Page 1 L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D DATE:12/04/18 PAGE: I A V A E II W W B N E J U 1 0 B P DN OK MH LWO O 0 Y L N A OR SOT AGENDA TR EEENSI 0 0 E ITEM q SUBJECT \10110N VO Il. T T R VS ESN\ N I) N CITY MANAGER'S BRIEFING \ VB BIO UPDATE Ronald H.Williams, Jr., Deputy City Manager Steve Harrison, Business Development and Research Manager David Couch, Business Development Strategy Coordinator- Economic Development 13. STORMWATER FUNDING REVIEW Mark Johnson,Director —Public Works IU111/IV/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y 1" Y A V/VI MINUTES APPROVED 9-0 Y Y Y •\ 1 1 \ Y Y Y Y F/G Special Formal Session November 20,2018 N I) MINUTES APPROVED 9-0 Y A Y Y Y 1" .\ 1" Y Y V Informal/Formal Sessions B November 20,2018 S T A N E D f I BID OPENING III WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT Attachment of Wireless Communications Equipment to City-owned Structures PUBLIC HEARINGS 1.1 WIRELESS COMMUNICATIONS I SPEAKER FACILITIES MASTER LICENSE AGREEMENT a. Cellco Partnership d/b/a Verizon Wireless b. New Cingular Wireless PCS,LLC d/b/a AT&T Wireless CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D DATE:12/04/18 PAGE: 2 A V A E H W W B N E J U I 0 13 P DNOK MH L W O O O Y LN A OR SOT AGENDA T R E E E N S I O O E ITEM# SUBJECT MOTION VOTE T ! T R Y S ES N N D N 1.2. PROPOSED PROPERTY TAX NO SPEAKERS EXEMPTIONS a. The Butterfly Society of Virginia,Inc. b. Christian News and Information Institute c. Community Outreach Ministries,Inc. d. Merakey Allos e. Merakey USA f. Second Chance Wildlife Rehabilitation g. The Tidewater Winds 1.3. SALE OF EXCESS CITY NO SPEAKERS PROPERTY Portion of Property known as Lake Rudee adjacent to 601 Goldsboro Avenue J. J.1. Ordinance to AMEND Section 35-64.1 ADOPTED,BY 10-0 YY Y Y Y Y A Y Y Y Y of the City Code re Income Exclusions CONSENT for the Elderly and Disabled Tax Relief Program J.2. Ordinances to GRANT Non-Exclusive ADOPTED,BY 10-0 YY Y Y Y Y A Y Y Y Y Long-Term Master License Agreement CONSENT (up to 40 years)re attachment of wireless communications equipment to City- owned structures: a. Cellco Partnership d/b/a Verizon Wireless b. New Cingular Wireless PCS, LLC d/b/a AT&T Wireless J.3. Ordinances to DESIGNATE as ADOPTED,BY 10-0 YY YYYY A YVYY EXEMPT re Real and Personal CONSENT Property Taxes: a. The Butterfly Society of Virginia,Inc. b. Christian News and Information Institute c. Community Outreach Ministries,Inc. f. Second Chance Wildlife Rehabilitation g. The Tidewater Winds J.3. Ordinances to DESIGNATE as DEFERRED 10-0 YY Y Y Y Y A Y Y Y Y EXEMPT re Real and Personal INDEFINITELY, Property Taxes: BY CONSENT d. Merakey Allos e. Merakey USA 1 4. Ordinance to DECLARE a portion of ADOPTED,BY 10-0 YY Y Y Y Y AY Y Y Y the property known as Lake Rudee CONSENT adjacent to 601 Goldsboro Avenue to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell to The Allen Revocable Living Trust 1.5. Resolution to AUTHORIZE the City ADOPTED,BY 9-1 NY Y Y Y Y AY Y Y Y Manager to EXECUTE a CONSENT Comprehensive Agreement rc operation of the Virginia Beach Sports Center CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS D DATE:12/04/18 PAGE: 3 A V A E 11 W W B N E J U I 0 B P DN OK MH L W O O O Y L N A OR SO I AGENDA IR EEENSI 0 0 E ITEM# SUBJECT MOTION VOTF T T R VS F SN NDN K. APPOINTMENTS: RESCIIEDULED 13 YCON S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION PLANNING COMMISSION Appointed: 10-0 YY Y Y Y Y AY Y Y Y Steve Barnes Princess Anne—District 7 4 year term 1/1/2019 —12/31/2022 RESORT ADVISORY COMMISSION Reappointed: I -;i 1 1' Y Y Y Y AV 1' 1' 1" Tyler Brown John Ilawa 3 year term 1/1/2019—12/31/2021 Appointed: Michael Levinson 3 year term 1/1/2019—12/31/2021 STORMWATER APPEALS BOARD Appointed: H-1l 1' 1' YVY Y AY Y Y Y Travis Fox Unexpired term 12/4/2018—3/31/2023 VIRGINIA BEACH COMMUNITY Appointed: I0-0 YY Y Y YY AY Y 1" 1' DEVELOPMENT CORPORATION Eric Wray Unexpired term 12/4/2018—12/31/2020 +4 year term 1/1/2021— 12/31/2024 I.AliN ADJOURNMENT 6:13 PM OPEN DIALOGUE 3 SPEAKERS 6:40 PM