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04-16-2019 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.0A-Bege MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 �` � •6 p JESSICA P.ABBOTT,Kempsville—District 2 > m 2 BARBARA M.HENLEY,Princess Anne—District 7 U ;it LOUIS R.JONES,Bayside—District 4 VACANT,Rose Hall District 3 le JOHN D.MOSS,At Large °+ tet` VACANT,Beach—District 6 rFo UR No AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR RONALD D.AGNOR April 16, 2019 FAX(757)385-5669 CITY AUDITOR LYNDON S.REM/AS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 12:00 PM A. PUBLIC SAFETY COMPENSATION David Hansen, City Manager Steven Cover, Deputy City Manager—Public Safety Regina Hilliard, Director—Human Resources B. PAY PARITY FOR SHERIFF DEPUTIES David Hansen, City Manager Steven Cover, Deputy City Manager—Public Safety Regina Hilliard, Director—Human Resources C. POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD Taylor Adams, Interim Director—Economic Development D. POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION —BONNEY ROAD Taylor Adams, Interim Director—Economic Development E. CLEAR CREEK HOLDINGS, LLC Robert Tajan, Director—Planning and Community Development F. SOMETHING IN THE WATER UPDATE Brian Solis, Assistant to the City Manager— Special Projects G. FY2019-2020 RESOURCE MANAGEMENT PLAN (Budget) 1. INFORMATION TECHNOLOGY Peter"Pedro" Wallace, Director 2. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth Attorney 3. CLERK OF CIRCUIT COURT Tina Sinnen, Clerk 4. SHERIFF AND CORRECTIONS Ken Stolle, Sheriff 5. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES Stephen Williams, Director 6. EMERGENCY MEDICAL SERVICES Edward Brazle, Chief 7. FIRE DEPARTMENT David Hutcheson, Chief 8. POLICE DEPARTMENT James Cervera, Chief II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:00 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: Reverend Rene R. Castillo Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 02, 2019 G. PUBLIC COMMENT 1. CANDIDATES FOR CITY COUNCIL VACANCY—BEACH DISTRICT H. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE USE ExteNet Systems (Virginia), LLC I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re the Rose Hall District Vacancy 2. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory 3. Ordinance to DONATE promotional items for Historic Preservation Month to Preservation Virginia re raise awareness for ongoing preservation needs at Cape Henry Lighthouse 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five (5) years at the Virginia Beach Maritime Museum, Inc., at 24th Street and Atlantic Avenue re "Old Coast Guard Building" 5. Ordinance to AUTHORIZE temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue re elevated patios 6. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 from VB Home Now, Inc. to the FY 2018— 19 Housing and Neighborhood Preservation Operating Budget re assist families to obtain and keep housing b. $375,912 from Virginia Department of Emergency Management re mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence 7. Ordinance to APPROPRIATE $171,705 to the FY2018-19 Fire Department Operating Budget re purchase of replacement protective apparel and breathing apparatus equipment K. PLANNING 1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from April 02, 2019) RECOMMENDATION: APPROVAL 2. PRINCESS ANNE HOTEL, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the northeast corner of Princess Anne Road & Community College Place re construction of hotel DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. EMMANUEL PROTESTANT EPISCOPAL CHURCH for a Modification of Conditions re child care education center within a religious use at 5181 Singleton Way DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 4. NORTH LANDING BEACH RV RESORT & COTTAGES/VIRGINIA BEACH, LLC for a Modification of Conditions re construct two (2) community piers at161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. B & W TATTOOING, LLC and CAPITAL FINANCE, INC. for a Conditional Use Permit re tattoo parlor at 172 South Plaza Trail, Suite F DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. NORFOLK VIRGINIA BEACH AIRPORT, INC. for a Conditional Use Permit re bulk storage yard at the vacant parcel on the west side of Miller Store Road DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 7. B & L INVESTMENT GROUP, LLC for a Conditional Use Permit re motor vehicle sales at 202 South Newtown Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 8. PLEASURE HOUSE BREWING, LLC and WEATHERSBY PROPERTIES for Conditional Use Permits re craft brewery & open-air market at 2032 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BAYFRONT ADVISORY BOARD BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,April 23 Special Session/Workshop Wednesday,April 24 Special Session/Public Hearing—Old Donation School Tuesday,April 30 Special Session/Public Hearing Tuesday, May 7 Formal Session Tuesday, May 14 Special Session Tuesday, May 21 Formal Session 04/16/19-rw MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 12:00 PM A. PUBLIC SAFETY COMPENSATION David Hansen, City Manager Steven Cover, Deputy City Manager—Public Safety Regina Hilliard, Director—Human Resources B. PAY PARITY FOR SHERIFF DEPUTIES David Hansen, City Manager Steven Cover, Deputy City Manager—Public Safety Regina Hilliard, Director—Human Resources C. POTENTIAL SALE OF EXCESS CITY PROPERTY— PRINCESS ANNE ROAD Taylor Adams, Interim Director—Economic Development D. POTENTIAL SALE OF EXCESS CITY PROPERTY AND COST PARTICIPATION —BONNEY ROAD Taylor Adams, Interim Director—Economic Development E. CLEAR CREEK HOLDINGS, LLC Robert Tajan, Director—Planning and Community Development F. SOMETHING IN THE WATER UPDATE Brian Solis, Assistant to the City Manager— Special Projects G. FY2019-2020 RESOURCE MANAGEMENT PLAN (Budget) 1. INFORMATION TECHNOLOGY Peter"Pedro" Wallace, Director 2. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth Attorney 3. CLERK OF CIRCUIT COURT Tina Sinnen, Clerk 4. SHERIFF AND CORRECTIONS Ken Stolle, Sheriff 5. EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES Stephen Williams, Director 6. EMERGENCY MEDICAL SERVICES Edward Brazle, Chief 7. FIRE DEPARTMENT David Hutcheson, Chief 8. POLICE DEPARTMENT James Cervera, Chief II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:00 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: Reverend Rene R. Castillo Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 02, 2019 G. PUBLIC COMMENT 1. CANDIDATES FOR CITY COUNCIL VACANCY-BEACH DISTRICT 4,.. ,„<„:" ..,.8.r4 CITY COUNCIL SEEKS CANDIDATE TO FILL BEACH DISTRICT SEAT As a result of the Virginia Beach Circuit Court Order dated March 19, 2019, the Beach District Council seat is vacant. Virginia Beach City Council encourages any citizen,who is a registered voter-residing in the Beach District and interested in the position,to submit the following items on or before 5:00 p.m.on April 8,2019: 1. Letter of Interest 2. Resume 3. Statement of Economic Interest 4. Completed Questionnaire The Statement of Economic Interest and Questionnaire can be found at: httos://www.vbgov.com/hottooics All documents are to be submitted to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive Suite 281 Virginia Beach,Virginia 23456 abarnes@vbSov.com Candidates must reside in the Beach District in order to be eligible for appointment.The citizen appointed by City Council will serve until a candidate is elected during a Special Election to be scheduled by the Virginia Beach Circuit Court and has qualified to serve. Amanda Barnes,MMC City Clerk BEACON: March 24&31,2019 H. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE USE ExteNet Systems (Virginia), LLC �asU4h 1 t mar s 111°.,t 'u6"ti ,' /d ;.,,: z.:::,://4 a L NOTICE OF PUBLIC HEARING On April 16, 2019, at 6:00 p.m.,in the Council Chamber, City Hall Building(Building 1) Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of ExteNet Systems (Virginia), LLC, having its principal office at 3030 Warrenville Road, Suite 340, Lisle, Illinois,to be granted a non-exclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within and through the City. Further information, including a copy of the proposed franchise may be obtained by calling the City Clerk's Office at (757)385-4303. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:Sunday,April 7,2019 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Attorney to file a Petition for Writ of Special Election re the Rose Hall District Vacancy 2. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory 3. Ordinance to DONATE promotional items for Historic Preservation Month to Preservation Virginia re raise awareness for ongoing preservation needs at Cape Henry Lighthouse 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five(5) years at the Virginia Beach Maritime Museum, Inc., at 24th Street and Atlantic Avenue re "Old Coast Guard Building" 5. Ordinance to AUTHORIZE temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue re elevated patios 6. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 from VB Home Now, Inc. to the FY 2018 — 19 Housing and Neighborhood Preservation Operating Budget re assist families to obtain and keep housing b. $375,912 from Virginia Department of Emergency Management re mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence 7. Ordinance to APPROPRIATE $171,705 to the FY2018-19 Fire Department Operating Budget re purchase of replacement protective apparel and breathing apparatus equipment 4 (;' :>) &'''''',..,,,,,,e''.4-' CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election for the Rose Hall District MEETING DATE: April 16, 2019 ■ Background: The Councilmember from the Rose Hall District, Shannon DS Kane, has resigned effective April 6, 2019. This creates a vacancy in the position of Councilmember for the Rose Hall District is vacant. The current term of office for the Rose Hall District runs until December 31, 2020. State law requires the filing of a petition for writ of special election within 15 days of a vacancy. The next general election is November 5, 2019. • Considerations: Upon adoption of the resolution requesting a court to order the special election, the City Attorney's Office will file the petition in compliance with the statutory requirements. If the special election is held at the same time as the November general election, the petitions for candidates would be due 81 days before the election, which is August 16, 2019. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; Resignation Letter Recommended Action: Approval Submitting Depa ent/Agency: City Attorney r- - .-- . City Manager: 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE ROSE HALL DISTRICT 4 5 WHEREAS, the Councilmember from the Rose Hall District, Shannon DS Kane, 6 has resigned effective April 6, 2019, which creates a vacancy; 7 8 WHEREAS, the current term of office for the Rose Hall District seat runs until 9 December 31, 2020; 10 11 WHEREAS, Code of Virginia § 24.2-226 requires a local elected body to petition 12 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 13 office for a member of the elected body when that member's term of office ends in a 14 year other than the year for which a general election to fill the vacancy occurs; and 15 16 WHEREAS, the next general election available to fill the Office of 17 Councilmember for the Rose Hall District is November 5, 2019. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council directs the City Attorney to file a Petition for a Writ of 23 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 24 Councilmember, Rose Hall District for a term ending December 31, 2020, and requests 25 such special election to be held on November 5, 2019. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: CityAttorn y's Office CA14724 R-1 April 3, 2019 0OA BEAc-0S' 4 ' Oa U City of Virginia Beach 995 .;;. •- .. X04' Op OUR'NAtO VBgov.com SHANNON DS KANE PHONE: (757)802-3236 COUNCIL LADY-DISTRICT 3-ROSE HALL FAX: (757)385-5669 skane@vbgov.com March 29,2019 Dear Friends, It seems like yesterday when I stood before a City Council meeting as an applicant for a vacant City Council seat. I talked about making our city a Virginia Beach for everyone. I was inspired to work with everyone and for everyone to make progress in Virginia Beach. I worked to bring jobs to Virginia Beach,both the ones that make headlines and the many more job-creating businesses that don't. I started a Workplace Wednesday program where I would visit small businesses and highlight their success. When Hurricane Matthew hit,I knew my mission was to fix flooding and increase the funding so that Virginia Beach remains viable,not just for decades but forever. We are succeeding. Our flooding funding has gone from 9%of the budget to 23%. The major areas hit hardest by Matthew,many in my district,are funded for improvements and relief. As you know,I'm running for State office to bring more funding back to Virginia Beach for this crucial issue. And I've supported efforts to get the federal government involved. I've learned a lot about how to make government work for people and how to get things done that are so important for residents,for businesses and for those who need a greater voice. Throughout my two City Council elections, I've met and worked with so many who want the best for our City,and I've found ways to fmd compromise when two sides seemed like no compromise would do. My family and I have purchased a new home and are moving in next weekend. It's an exciting time, especially for my son who is looking forward to his new room. The bittersweet part of our move is that it takes us out of the Rose Hall district. I believe that an elected official who is elected to represent a district needs to live in that district for the entirety of the term of office. For that reason,I am announcing my resignation from Virginia Beach City Council,effective April 6. I understand the difficulty of this announcement,especially when City Council is already working on filling a vacant seat representing the Beach district. But I believe the honorable decision is for me to step aside and allow citizens of the Rose Hall district to step up and serve,and I know Council will make the right decisions to move Virginia Beach ahead in the months and years to come. I thank everyone who have supported my efforts on City Council and have encouraged me,prayed for me and helped me make the best decisions. I know we accomplished a great deal,and I look forward to the path ahead. We will continue making our city a Virginia Beach for everyone. Warmest regards, iu��♦ Shannon DS Kane 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23452 GNU' 1 CITY OF VIRGINIA BEACH AGENDA ITEM 9 ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: April 16, 2019 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 21, 2018, which stated the FY19 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $12,734.62 per lane mile, and arterial streets will be reimbursed at $21,689.51 per lane mile. • Considerations: The first resolution requests the addition of newly constructed streets in the amount of 3.82 lane miles which will be eligible for urban maintenance funds beginning July 1, 2018. All 3.82 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $48,646 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 0.38 lane miles of local/collector streets and 5.68 lane miles of arterials to be deleted from the inventory. There are corrections in the amount of 0.84 lane miles of local/collector streets and 10.46 lane miles of arterials to be added back to the inventory, for a net increase of 0.46 lane miles of local/collector streets and 4.78 lane miles of arterials. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $109,534 per year for these changes. The total net increase in urban maintenance lane miles from the additions and the corrections will result in a funding increase of$158,180 from VDOT. • Public Information: Normal Council Agenda process. • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval N Submitting D: •a t/Agency: Public Works City Manager. IWO ; 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.82 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: grA i ii /144_,---- .Ale4 ')---Dt i,Lt - •epaFF nt of Public Works `EttyAtf ney s Office CA14725 R-1 April 2, 2019 Exhibit A - New Streets City of Virginia Beach Public Works/Operations New Street f Pb , . 41 '4+`3 .*" ' r" ti i Street Type STREET FROM TO LANE MILES LOCAL BELLAFINA CT MIRASOL W DEAD END 0.16 LOCAL BRODEUR LA N DEAD END S DEAD END 0.46 LOCAL CRAFT LN GENERAL BOOTH BLVD N CUL DE SAC 0.16 LOCAL DITCHLEY RD YORK LN BAYSHORE DR N 0.96 LOCAL GILLS PL NORMANDY AV N CUL-DE-SAC 0.18 LOCAL LILY LOCH CT BORDER WY W CUL-DE-SAC 0,18 LOCAL MANZANITA DR MIRASOL DR MIRASOL DR 0,28 LOCAL MIRASOL DR NIMMO PW(WB) MIRASOL DR 1,02 LOCAL MUNDEN RIDGE DR N CUL DE SAC FISHER ARCH 0.14 LOCAL SEDONA CIR TALVERA PL W CUL-DE-SAC 0.06 LOCAL TALVERA PL NIMMO PKWY N CUL-DE-SAC 0,22 LOCAL WASHINGTON SQUARE ALLEY H1 WASHING TON SQUARE ALLEY#1 0416 6 LOCAL .. • • • . .. - WASHINGTON SQUARE ALLEY#5 0448 d LOCAL WASIIINGTON SQUARE ALLEY#11 WASHP4GTON SQUARE ALLEY H WASHINGTON SQUARE ALLEY#8 OSS a LOCAL WASHINGTON SQUARE ALLEY#12 WINao.. FL . . .. 0-06 LOCAL WASHINGTON SQUARE ALLEY#13 'N ON4--""n' WINDOM-PL P' 0-I-E L-OC-AL WASHINGTON--SQUARE ALLEY-#14 WASHINGTON SQUARE AL-L-E-Y-# SEDGE-WICK-DR 0-06 a LOCAL WASHINGTON SQUARE ALLEY#15 CAMBRIDGE DR WASHINGTON SQUARE ALLEY#3 006 LOC-AL WASHINGTONSQ:iAoEAa::cv#-16 WASHINGTON-SQUAREA-L-LEY# 0-04 LOCAL WASHINGTON-SQUARE ALLEY 41-7 WESTINTER LA(WB) WASHINGTON SQUARE ALLEYS-22 0-24 LOCAL .. QUARE ALLEY-# WASIIINGTON SQUARE ALLEY#22 0-26 an LOCAL WAS • . t• ..• • • - • WASHINGTON-SQUARE ALLEY# CAMBRIDGE-DR 0,20 an LOCAL WASHINGTON-SQUARE-ALLEY#2 WASHINGTON SQUARE ALLEY# WA-SHINGT-ON SQUARE ALLEY#14 045 IA LOCAL_ WASHINGTON SQUARE A-EL-EY-k20 -BILT-MARE-DR WASHINGTON SQUARE ALLEY#18 0446 LOC-AL WASHINGTON SQUARE ALLEY#21 BILT-MARE-DR 0-22 LOCAL WASHINGTON-SQUARE ALLEY#22 WASHINGTON SQUARE ALLEY S B1L-TMORE-DR 0,04 u LOCAL WASHINGTON SQUARE ALLEY#23 TILDEN PL CANNON-DR 04-2 LOCAL WASHINGTON SQUARE ALLEY#24 WASHINGTON-SQUARE ALLEY H CANNON DR 040 ,ic LOC-AL WASHINGTON-SQUARE ALLEY-#2S WASHINGTON SQUARE-AIL-EY-S WASHINGTON SQUARE ALLEY#24 0-04 w LOCAL .. • - WASHINGTON-SQUARE ALLEY-4 WASHINGTON SQUARE ALLEY#25 006 zn LOCAL WASIIINGTON SQUARE ALLEY#27 CHADWICK-OR 040 LOCAL WASHINGTON SQUARE ALLEY#28 WASHING-TO• S.• • 0-06 as LOCAL WASHINGTON SQUARE ALLEY#29 WASHINGTON SQUARE ALLEY H WASHINGTON SQUARE ALLEY#25 0-04 a' LOC-A-L WASHINGTON SQUARE ALLEY H3 WASHINGTON SQUARE ALLEY H WASHINGTON SQUARE ALLEY#15 0$4 IA LOCAL WASHINGTON SQUARE ALLEY H30 BILTMORE-DR . ' .5. • . 0.12 LOCAL WASHINGTON SQUARE ALLEY#31 CAMBRIDGE-DR CHADWICK DR 0$2 Wednesday,January 30,2019 Page 1 of 2 -New Street - 8- m` z � Street Type STREET FROM TO LANE MILES LOCAL WASHINGTON SQUARE ALLEY#1 WASHINGTON SQUARE ALLEY# WASHINGTON SQUARE ALLEY#5A-46 u LOCAL WASHINGTON SQUARE ALLEY HS WASHINGTON SQUARE ALLEY# _ -.. g gy A LOCAL WA�HtN676N��L�x ib WSH e e .. LEY 512 g }g LOCAL • . .. _ • - WASHINGTON SQUARE ALLEY S • 994 6 LOCAL WASHINGTON SQUARE ALLEY 58 WASHINGTON SQUARE ALLEY# WASHINGTON SQUARE ALLEY 59 996 LOCAL WAS-H-INGLON-SQGG O UARE ALLEY 59 WASH-NN SQUARFAIrLEY# SEDGEWICK DR 046 4 Total Lane Miles of LOCAL streets: 6,90 3.82 Total Lane Miles of New Street: 6.99 3.82 *Note:VDOT did not approve the Washington Square Alleys for reimbursement. Wednesday,January 30,2019 Page 2 of 2 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD INVENTORY 4 FOR URBAN MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit B (attached); resulting in a net increase of 0.46 (Local/Collector) lane miles 16 and 4.78 (arterial) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: wa j f De art - t of Public Works City 's Office p Y CA14726 R-1 April 2, 2019 City of Virginia Beach Exhibit B - Changes Public Works/Operations FA-dditi-on- deletions Street Type STREET FROM TO LANE MILES LOCAL WOODLAWN AV N DEAD END SHADY OAKS DR 0.84 Total Lane Miles of LOCAL streets: 0.84 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL HOLLAND RD NIMMO PKWY DAM NECK RD 9.56 URBAN MINOR ARTERIAL HOLLAND RD PRINCESS ANNE RD NIMMO PW 0.90 Total Lane Miles of URBAN MINOR ARTERIAL streets: 10.46 Total Lane Miles of Additions/Replaced deletions : 11.30 Deletions/To be replaced 'v t ; Street Type STREET FROM TO LANE MILES LOCAL WOODLAWN DR 0.03 5 SHADY OAKS DR SURRY DR -0.38 Total Lane Miles of LOCAL streets: -0.38 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL HOLLAND RD DAM NECK RD PRINCESS ANNE RD -5.68 Total Lane Miles of URBAN MINOR ARTERIAL streets: -5.68 Total Lane Miles of Deletions/To be replaced : -6.06 Wednesday,February 20,2019 Page 1 of 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Promotional Items for Historic Preservation Month to Preservation Virginia for the Purpose of Raising Awareness about Ongoing Preservation Needs at the Cape Henry Lighthouse MEETING DATE: April 16, 2019 • Background: The City of Virginia Beach and Preservation Virginia are in the process of completing a stabilization project at the Cape Henry Lighthouse. To further enhance the restored Lighthouse, the Virginia Beach Historic Preservation Commission and Preservation Virginia will partner to raise community awareness about the Lighthouse's additional preservation needs during May 2019, which is Historic Preservation Month. A period of time dedicated to historic preservation was first designated by the National Trust for Historic Preservation in 1971 and has been commemorated during the month of May every year since. As part of the City's efforts to mark Historic Preservation Month, the Historic Preservation Commission seeks to purchase and donate 3,000 beverage coasters and 144 pieces of glassware to Preservation Virginia, which is formally known as the Association for the Preservation of Virginia Antiquities. These items will be used to promote historic preservation activities in the City at public events and will specifically be used to further the goal of generating needed donations for the Lighthouse. • Considerations: The funding for these promotional items is from the Commission's FY 2018-19 appropriations, and there are sufficient funds available. However, Council approval is necessary to donate the items to Preservation Virginia. The approximate cost of the 3,000 coasters is $1,100 and the 144 pieces of glassware is $500. Approval is requested at this time to ensure the items are available at the beginning of May. • Public Information: Normal City Council agenda processes. The Virginia Beach Historic Preservation Commission discussed the promotion of Historic Preservation Month in detail at its September 5, 2018 meeting. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Depart -'nt% l t, Agency: Planning and Community Development, -; - , City Manager: 'l 1 AN ORDINANCE TO DONATE PROMOTIONAL ITEMS 2 FOR HISTORIC PRESERVATION MONTH TO 3 PRESERVATION VIRGINIA FOR THE PURPOSE OF 4 RAISING AWARENESS ABOUT ONGOING 5 PRESERVATION NEEDS AT THE CAPE HENRY 6 LIGHTHOUSE 7 8 WHEREAS, the Virginia Beach Historic Preservation Virginia desires to partner 9 with Preservation Virginia to promote historic preservation and focus attention on the 10 ongoing needs of the Cape Henry Lighthouse; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, THAT: 14 15 The City Council hereby authorizes a donation of up to 3,000 promotional 16 beverage coasters and 144 pieces of promotional glassware for Historic Preservation 17 Month to the Association for the Preservation of Virginia Antiquities, doing business as, 18 Preservation Virginia. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 111 ,\ I /./2-) Budget and Management Servic s City Attorney's Office CA14727 R-1 April 3, 2019 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ke.,SerY 0 'l.0)1 V I rg)fri La- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? -If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) R 0 Accounting and/or preparer of e.{.- your tax return {� Financial Services (include IA 0 lending/banking institutions and S { r.l..11/4. -t- current mortgage holders as .- 0e,ban k applicable) ❑ Legal Services L �� J � V\/) l [Lam s AGc1,1 e4 Ef 0 Broker/Contractor/Engineer/OtheraC Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. £cANTSS&R8E PRINT NAME L-1-kr ATE co a x ri 7 3 3 rn of m a 3 g m ° a ' v S' m H . m $ O. 0 3 -- o n r ° m m ° M 0 Cr o 3 m m .N. 3 g 0 3 a ° 0 3 ° 0 3 i. 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V1 N j n, < A P• a rY g g rf N 1� fD d N 3 0 -,0 0 0 O O O - - m $ D N 00 CDD • 0 r4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 5 Years with Virginia Beach Maritime Museum, Inc., for City-Owned Property Located at 24th Street and Atlantic Avenue, Together with the Building Commonly Known as the "Old Coast Guard Building" MEETING DATE: April 16, 2019 • Background: The Virginia Beach Maritime Museum, Inc. ("VBMM"), a non-stock Virginia corporation, currently operates the Virginia Beach Maritime Museum (the "Museum") in the Old Coast Guard Building located at 24th Street and Atlantic Avenue (the "Property"). The City of Virginia Beach (the "City") and VBMM entered into previous lease agreements for the Property to operate the Museum, a gift shop and office space. The current lease between the City and VBMM will expire on April 30, 2019, and VBMM wishes to enter into a new lease agreement with the City. In February 2014, City Council adopted an Ordinance authorizing the City Manager to enter into 40-year lease for a small strip of land located on the southernmost portion of the Property, which allowed the adjacent property owner (23 Atlantic, LLC) to maintain pile caps to support its building. That agreement with 23 Atlantic, LLC modified the southernmost lease line of the Property but did not affect the Museum or this lease renewal. • Considerations: This Lease would be for a term of up to five (5) years. The Museum is important to the City's museum program and to the preservation of the City's maritime history. Moreover, proceeds from sales in the Museum gift shop are reinvested by VBMM for upkeep of existing exhibits and for purchase or creation of new exhibits. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than the present use. • Public Information: Advertisement of Public Hearing and of City Council Agenda. A public hearing was held on April 2, 2019 • Alternatives: Change conditions of the Lease or deny leasing of the space. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval Submitting D a ency: Public Works/Facilities Management '' & City Manager \ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH THE VIRGINIA BEACH MARITIME 4 MUSEUM, INC., FOR CITY-OWNED PROPERTY 5 LOCATED AT 24th STREET AND ATLANTIC 6 AVENUE, TOGETHER WITH THE BUILDING 7 COMMONLY KNOWN AS THE "OLD COAST GUARD 8 BUILDING" 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24th 11 Street and Atlantic Avenue (GPIN: 2427-19-4622), together with the Old Coast Guard 12 Building (the "Property"), which currently houses the Virginia Beach Maritime Museum 13 (the "Museum"); 14 15 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 16 with the adjacent property owner, 23 Atlantic, LLC, for a small strip of land along the 17 southern boundary of the Property to enable the adjacent property owner to maintain 18 pile caps to physically support the adjacent building (the "23 Atlantic Lease"); 19 20 WHEREAS, the 23 Atlantic Lease is specifically excepted from the renewal of the 21 lease with Virginia Beach Maritime Museum, Inc., a non-stock Virginia corporation 22 ("VBMM"); 23 24 WHEREAS, VBMM has previously leased the Property and operated the 25 Museum, and would like to enter into a new lease with the City for the Property; 26 27 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 28 and the City has provided the Museum with utilities, housekeeping and maintenance; 29 30 WHEREAS, the Museum is important to the City's museum program and to the 31 preservation of the City's maritime history; 32 33 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 34 existing maritime exhibits and for purchase or creation of new exhibits; and 35 36 WHEREAS, the Property will continue to be used for operation of the Museum, a 37 gift shop and office space. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute a lease for up to 5 years 43 between the VBMM, Inc. and the City for the Property, in accordance with the Summary 44 of Terms attached hereto as Exhibit A, and such other terms, conditions or 45 modifications as may be acceptable to the City Manager and in a form deemed 46 satisfactory by the City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 49 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6ais- as. Public Wotics/Facilities Management Ci, aro•rne s APPROVED AS TO CONTENT: Planning CA14425 \\Vbgov.com\dfs 1\Applications\CityLaw\Cycom 32\WPDOCS\D019\P029\00527552.DOC R-1 March 7, 2019 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PROPERTY: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Building, less and except that area leased by 23 Atlantic, LLC pursuant to ORD-3333F adopted on February 25, 2014. TERM: May 1, 2019 —April 30, 2024 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Property for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Property. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBLITIES OF CITY: • Maintain Property, provide minimal weekly housekeeping services and pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Property for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. ni Ate.. _ a " rte: , , 3_ _ Virginia Beach Maritime<< APPLICANT'S NAME Museum, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 0 _0_____ - V'irginia Beech • 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: Virginia Beach Maritime Museum, Inc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Ashley Nimitz, President W. Taylor Rew, Board Kevin Martingayle, Board Doug Ellis, Jr, Board William Kitchin, Vice President, Treasurer L. Clay Camp, Board Ann Onhaizer, Board Brady McNaughton, Board Bretta Zimmer Lewis, Secretary John Hadjikakos, Board David Uhrin, Board Will Russell, Board William Hazel, Executive Director Russell Lyons, Board Kevin Cook, Board (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A 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. E 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: Virginia Beach Maritime Museum, Inc If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Ashley Nimitz, President W.Taylor Rew, Board Kevin Martingayle, Board Doug Ellis, Jr, Board William Kitchin,Vice President, Treasurer L. Clay Camp, Board Ann Onhaizer, Board Brady McNaughton, Board Bretta Zimmer Lewis, Secretary John Hadjikakos, Board David Uhrin, Board Will Russell, Board William Hazel, Executive Director Russell Lyons, Board Kevin Cook, Board (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) El Accounting and/or preparer of A Rohm Smith & Company your tax return ® Architect / Landscape Architect / Land Planner ❑ ® Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® Construction Contractors Engineers /Surveyors/Agents 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 / El ® 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 ,', ,V3" ,. \irginii, RP<rf1 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 . William Hazel 3/15/2019 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 , OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® Accounting and/or preparer of A Rohm Smith& Company your tax return Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 \B. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ve/fZ:ATURE William Hazel 3/15/19 PROPERTY OWNER'S SIG PRINT NAME DATE Page 7 of 7 i.� [ r'.M.N`. L .1 CITY OF VIRGINIA BEACH AGENDA ITEM _I ITEM: An Ordinance Authorizing Temporary Encroachments into Portions of City Rights-of-Way Known as Commerce Street and Central Park Avenue, by Town Center Associates 9, L.L.C. MEETING DATE: April 16, 2019 • Background: Town Center Associates 9, L.L.C., a Virginia limited liability company, (the "Applicant") owns property located at 4556 Commerce Street (GPIN: 1477-54-1429-1000), known as Town Center Block 9— Retail Unit (the "Property"). The Applicant has submitted an application for temporary encroachments into portions of City rights-of-way known as Commerce Street and Central Park Avenue, for elevated patios consisting solely of concrete slabs with EIFS cladding on steel tube structure and aluminum railing with glass infill above the slabs, as shown on Exhibits EX-01.1, EX- 01.2, EX-01.3, EX-02.1 EX-02.2 and EX-02.3, attached to the Ordinance (the "Encroachments"). The purpose of the Encroachments is to extend the building's second level patios a maximum of 4'10" x 73'4" along Commerce Street and 4'10" x 52'7" along Central Park Avenue. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement (the "Agreement") between the Applicant and the City of Virginia Beach (the "City"). The usual period for removal of an encroachment is 30 days. However, like most encroachments in Town Center, due to the nature of these improvements, the Applicant has requested and staff has recommended a removal period of 180 days in the unlikely event that this encroachment must be removed. As with all encroachment agreements approved by the City, the Agreement would provide that the Applicant must comply with all State and City specifications and approvals. Furthermore, the Applicant would indemnify and hold the City harmless from and against all claims, damages, losses and expenses arising out of the construction, location or existence of the Encroachments. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance w/Exhibits attached, Agreement w/Exhibits attached, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Departm= + • ,ency: Public Works/Real Estate City Manager: `, 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN AS COMMERCE 4 STREET AND CENTRAL PARK AVENUE, BY 5 TOWN CENTER ASSOCIATES 9, L.L.C. 6 7 WHEREAS, Town Center Associates 9, L.L.C., a Virginia limited liability 8 company (the "Owner") owns property located along Commerce Street and Central Park 9 Avenue (GPIN: 1477-54-1429-1000) (the "Property"), known as the Town Center Block 10 9 — Retail Unit; 11 12 WHEREAS, the Owner has submitted an application for temporary 13 encroachments into portions of City rights-of-way known as Commerce Street and 14 Central Park Avenue, for elevated patios consisting solely of concrete slabs with EIFS 15 cladding on steel tube structure and aluminum railing with glass infill above the slabs 16 (the "Encroachments"), as shown on Exhibits EX-01.1, EX-01.2, EX-01.3, EX-02.1 EX- 17 02.2 and EX-02.3 attached hereto; and 18 19 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That pursuant to the authority and to the extent thereof contained in 27 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owner is 28 authorized to construct and maintain the Encroachments into the City's rights-of-way, as 29 shown on Exhibits EX-01.1, EX-01.2, EX-01.3, EX-02.1 EX-02.2 and EX-02.3, attached 30 hereto and made a part hereof. 31 32 2. That the Encroachments are expressly subject to those terms, conditions 33 and criteria contained in that certain encroachment agreement between the City of 34 Virginia Beach and the Owner (the "Agreement"). 35 36 3. That the City Manager or his authorized designee is hereby authorized to 37 execute the Agreement, and such other terms, conditions and modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City. 39 40 4. That this Ordinance shall not be in effect until such time as the Owner and 41 the City Manager or his authorized designee execute the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2019. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND__FORM ArP// I'?'-c or / Real Estate City Attorney APPROVED AS TO CONTENT .nomic Development CA14639 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D004\P018\00188303.doc R-1 April 3, 2019 ENCROACHM NTIO CENTRAL PARK AVE. Z i 81'PUBLIC R/W INST.#200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM / S 0°24' " E 212.86' • SOUTH ZONE—NAD83/93(HARN) lie 00 — — — — — — — — 2 — — — — IS GENERAL NOTES <� ;�In = r0— COORDINATE VALUES EXPRESSED IN US �Q Ilii. SURVEY FEET. IIS THE PROPERTY LINES AND EXISTING U2 III I CONDITIONS SHOWN ON THIS PLAN ARE o0 I I. B - BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS 0 -'I PERFORMED BY VHB,INC IN OCTOBER 2012 IvA I AND SUPPLEMENTED IN MAY 2014. II_ 1 THIS EXHIBIT IS INTENDED FOR AN I� ENCROACHMENT REQUEST ONLY. ' �. ( I w I! ' la 0or; I g w 01A to' TOWN CENTER ASSOCIATES 9,L.L.C. W O `Ni RETAIL UNIT,TOWN CENTER CONDOMINIUM 9 N C) a ;w W TOWN CENTER BLOCK 9 C4 8 W ¢0 0 ►�. I GPIN: 14774-1429-1000 a� w Eo i PI��I .i�ri : O (n _1 iii co . • U W Z I_ ,iQ IIIA 1r. ! — -- '3,I 1I= - ! r, N]) iiIJr, 1 4 1• I I I J PROPOSED PATIO EXTENTION A l .. J j AREA OF ENCROACHMENT=207 SF ' — l" -t- _ _ i 2'-10"PROPOSED NEWP. ENCROACHMENT I ----- r ....._- 2'-0" EXISTING ENCROACHMENT PROPERTY LINE , I LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-01.1 SCALE: 1/8"=1'—0" ovo O40,X,TH OF A CoX,Kliewer& EXHIBIT EX-01 .1 , _ /11 . ( ,UMI)II I\.I.(.. PROJECT NAME: CANTINA LAREDO SHELL G I�ri 'Y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO _— �l ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 A C ' BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 2533 VIRGINIA BEACH BOULEVARD VIRCLRI BEICB,VI301L1•23652'635 W.7574314033•Faa475:.46343€0 DRAWING FILE NAME: 21820_01_EX01_1_Encroachment PRINT DATE: 3/6/19 4RCHl rt,c1 LINE OF R.O.W. 73'-4"LENGTH OF PATIO ENCROACHMENT TOP OF SLAB-3RD FLOOR I EL=+52.7'AFF - - - ililliiira 1_ 1� , PLEVEL TOP FLOOR/ LAZA , Aloft 1,ISHE'N.,,■mlI■_ T EL=+32.7'AFF 31 F,- .1 '=--F== Vi=i- # F 1'-10"CENTRAL PARK w 2 PATIO ENCROACHMENT 8. , _• _ � STOP OF S.O.G. _ J..I e_..'_.d ' EL=+12.7'(REF.) " EXTENT OF NEW WORK> L EXTENT OF NEW WORK " It■ 0 5 10 15 25 50 1 COMMERCE ST. ELEVATION EX-01.2 SCALE: 1/16"=1'-0" GENERAL NOTES LINE OF R.O.W. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. TOP OF SLAB-3RD FLOOR THE PROPERTY LINES AND EXISTING EL.52.7'AFF CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL I— DRAWINGS AND ACTUAL FIELD SURVEYS 000 =-....,••••••,•-•- M I PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. 2'-0" EXISTING ENCROACHMENT THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH s 6:2'-10"PROPOSED ADDITIONAL AMERICAN VERTICAL DATUM OF 1988(NAVD 88) r ENCROACHMENT AND ARE REFERENCED TO CITY OF VIRGINIA / / / BEACH SURVEY CONTROL DISK AT STATION �' — 4740 1750. 1- _ TOP OLS EB-2ND FLOOR/ THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. ( ' u EL=32.7'AFF • cm4'-10"TOTAL 1 ENCROACHMENT L GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL ' DRAWINGS AND ACTUAL FIELD SURVEYS -. PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. • THE VERTICAL CONTROL ON THESE ______ 1111]: ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA ► BEACH SURVEY CONTROL DISK AT STATION •s��.��.�m��l�.�ln��! 47401750. II THIS EXHIBIT IS INTENDED FOR AN IENCROACHMENT REQUEST ONLY. • i IEXISTING ALUMINUM • RAILING WITH GLASS INFILL TO BE QI• \- RELOCATED NEW PATIO EXTENSION: I h EIFS CLADDING ON STEEL TUBE I h 5, 1STRUCTURE `41 I4 _ TOP OF PATIO DECK f Y 1 II Ia 1 yt I _I ! 1� `��I EL=32.7'AFF n -4 Al I — ,A— • II I ! III 2'-0" 2'-10" / 4 II I - III 4'-10" 40 III ix 4I- ix 4 —.r- 4 11I �� EXISTING METAL 4 SIGNAGE 4 ii i' LINE OF R.O.W. ul 1 Y I III I m I III N I III ,S I III- ,N 1 III w II II I III ICS I III 122,3 I III Z I III I III" I I I i _ _ \ 4 TOP OF SLAB 1 I EL=12.7'AFF 11 I II w 1 0 5 10 15 25 1 COMMERCE ST. PATIO SECTION EX-01.3 SCALE: 3/8"=1'-O" �` ALT H of A Cox,Kliewer& EXHIBIT EX-01 .3 4-04.44 ,� y ( e N I I 1,I I I\.I.(.. PROJECT NAME: CANTINA LAREDO SHELL L I X 11 SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE i p 1. ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 A • ' • C A BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 25331 IRGINIA BEACH BOULEVARD A%RG[IA BBACH.A MINI•23452-7635 bk•78131-0033•e"....I.733;46w3ra DRAWING FILE NAME: 21820_01_EX01_3_Encroachment PRINT DATE: 3/6/19 m rhl•vn:em,•ry.mwnGmAln-r.'nn Al- (CHIT t. ' n Il -61) 1 N VIRGINIA STATE PLANE COORDINATE SYSTEM j SOUTH ZONE-NAD83/93(HARN) GENERAL NOTES I COORDINATE VALUES EXPRESSED IN US T SURVEY FEET. PROPERTY LINE 't THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE 4611 __ BASED UPON ORIGINAL ARCHITECTURAL — _ DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THIS EXHIBIT IS INTENDED FOR AN i io r—--.= ENCROACHMENT REQUEST ONLY. m a)i c',11 M ( N 2 W Z U O J W A 2 8 p oi0 c GO co cc Z azrn(7 Ill Ne o w ® a -coxoN ,- � a QOmr C m$ O cc fL' 0I-1-H I F- ay w wZw'n` Z cZ U U, / 1 PROPOSED PATIO EXTENTION AREA OF ENCROACHMENT=149 SF O 9di 4\ \ 0 .1,„:„.___ v 2'-10"PROPOSED NEW 2'4' EXISTING PATIO ENCROACHMENT ENCROACHMENT 1 4'-10"TOTAL ENCROACHMENT N 890 36'00" E 200.26' \ • LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT Ii I NEW WORK 2ND LEVEL FLOOR PLAN EX-02.11 SCALE: 1/8"=1'-0" .N1.TH OF A Cox,Kliewer& EXHIBIT EX-02.1 0444 ,4Vii ( ,(N I 111,II I\.I!(.. PROJECT NAME: CANTINA LAREDO SHELL G I..O. y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE • T ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / Ali". ' ' BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 , 2$33 VIRGINIA BEACH BOULEVARD 01JUN1A BEACH.AIRCBVLA•2362-3631 ,••••7514314,03•han1.33J6300 DRAWING FILE NAME: 21820_01_EX02_1_Encroachment PRINT DATE: 3/6/19 I, 4RcH(TEC GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750 THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. sX 0 0 I ;;;;;I j • ......... __ ...}4 'SSS :%;SSSS 'rSS I,. TOP OF SLAB-3RD FLOOR q - -- EL.=+52.7'AFF Ai __ D. i r h (V J [-- TOP OF SLAB-2ND FLOOR/ PLAZA LEVEL v. 117 EL=+32.7'AFF 2, N. 52'-7"LENGTH OF PA 10.ENCROACHMENT I' " _ -_ /4 I � + L + - xco —11 TOP OF S.O.G. _ _ \ EL.=+12.7'(REF.) CENTRAL PARK AVE. . 81'PUBLIC RNV INST.0200212303088483 1 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0" n n �p tTH pF A 0, Cox,Kliewer& EXHIBIT EX-02■2 ��, (,,,,n1,,,,,,\.1.)(.. PROJECT NAME: CANTINA LAREDO SHELL L la4,11C 1 SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 4 1 ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 1 / ARCHITELTI E BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 2 OF:3 2H33 I IBGINI1 BEACH BOC:,EVABD VIBCE\l1BEACH.I IBM•234i1.763S N1.757DRAWING FILE NAME: 21820_01 EX02�Encroachment PRINT DATE. 3/6/19 m 41?CHITECC IGENERAL NOTES I COORDINATE VALUES EXPRESSED IN US SURVEY FEET. B THE PROPERTY LINES AND EXISTING B CONDITIONS SHOWN ON THIS PLAN ARE IB BASED UPON ORIGINAL ARCHITECTURAL IB DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 I M-71: AND SUPPLEMENTED IN MAY 2014. Mil THE �!. ELEVATIONSVERTICAL ARE BASEDCONTROL OONN THETHESE NORTH �I-1-11:4,--",7;7„7:2'1 =. AMERICAN VERTICAL DATUM OF 1988(NAVD 88) Vii -='= "' AND ARE REFERENCED TO CITY OF VIRGINIA 1.•.•••., ..•1 BEACH SURVEY CONTROL DISK AT STATION r An.........01.%.'.g_s l -=M 4740 1750. - ;mm =-- = =mm= = = THIS EXHIBIT IS INTENDED FOR AN ►� -:= r.�E=F___ �.M - ENCROACHMENT REQUEST ONLY. ,, . ..... I e • NEW PATIO EXTENSION: EIFS CLADDING ON STEEL TUBE I m STRUCTURE TOP OF PATIO DECK ..--�e� ' " _'_�_ • � EL=+32.T AFF 3 1 I I2'-0" 2'-10" II / II I I 4'-10" / II ll- 'I T II jII Z I I EXISTING METAL fI I SIGNAGE U p II _I J 0 LINE OF R.O.W. ofO I I Q io QZ gm .N I IN m <` U U 1 I I N �`cch5'''' ol. I I w Om-I I III •O FQ•a I III o +��++'Ir I III N 0 0- I II I _1 I III I co OWOOG- I I' I • I-cc 1-LI I III I 1 IIIA uI- 1 _ �TOP OFSLAB EL.=+12.7'REF. II 0 5 10 15 25 1 CENTRAL PARK AVE. PATIO SECTION EX-02.3 SCALE: 3/8"=1'-0" .p,LTH Op.04411 ...0 COX,Kliewer& EXHIBIT EX-02.3 ,� y ( ,1111II),:III\.I.(,. PROJECT NAME: CANTINA LAREDO SHELL L a / SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE l ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO A � jr 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / A R C H I T E c r U R E BY:CMD CHK'D:JDL SCALE: 1/8".1'-0" SHEET: 3 OF:3 , 3,131 IRGINII BEACH Boli'1.E41RD 1'IRCRIA BEACH.%IRCB111•234,2.7635 6,,±'1314013.F......).r>7-463-Gra DRAWING FILE NAME: 21820_01_EX02_3_Encroachment PRINT DATE: 3/8/19 I r mrhl..r.rm•"."w•i.ns6,nnn 4RCHITf•C PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 28th day of March, 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company ("Grantee"). WITNESSETH: WHEREAS, Grantee is the owner of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the rights-of-way for Commerce Street and Central Park Avenue (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments consists solely of concrete slabs with EIFS cladding on steel tube structure and aluminum railing with glass infill above the slabs (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. Grantee Property GPIN: 1477-54-1429-1000 (CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of 4 the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this 5 Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: e' i Michael P. O'Hara, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: • The foregoing instrument was acknowledged before me this 2` day of 4 t i , ,1 ,(f , 2019, by Michael P. O'Hara, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of Columbus Tower, L.L.C., a Virginia limited liability company, on behalf of the company. , Notary Public oo +i i i hili /J 7/ ./y �� r, ' ROSSti I, -, . . ', Notary Registration Number: J - 1 / , � .. NOTARY••.' p. PUBLIC '-cn )'- v 1 � :.-*E REG. #221082 My Commission Expires: �.- R - c,: MY COMMISSION : *� �•.•:::%•..10/31/202.1..-:, ,,EXPIRES 2�p. 10/31/2021,.•:C� '''/vEA.i H o`\\:- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM r,*ANS SIG I V� ,, ,, D PARTMENT 8 EXHIBIT A [Description of the Grantor Property] THAT certain condominium unit known as "Retail Unit" in Town Center Condominium 9, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170630000554960 (hereinafter referred to as the "Declaration"), together with its applicable undivided interest in certain common elements, all as more particularly described and allocated in the Declaration, as amended from time to time. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments] S:\Clients\6407\021\Encroachment\Encroachment Agreement.doc 10 10"TOTAL PATIO z 0- ENCROACHMENT CENTRAL PARK AVE. 81'PUBLIC R/W / INST.#200212303086483 VIRGINIA STATE PLANE COORDINATE SYSTEM \ _ 1,..----.---,: _r_.„. .r - • -S 0a-24-40'LTE 212 86`- . _. SOUTH ZONE-NAD83/93(HARN) I.__ ' T._, i �, Yz 1► GENERAL NOTES Q2 ' T- T-- 1 , COORDINATE VALUES EXPRESSED IN US Ja V ( r 1 SURVEY FEET. z¢ I I »-1 , THE PROPERTY LINES AND EXISTING U w r ; CONDITIONS SHOWN ON THIS PLAN ARES) �� ' {, BASED UPON ORIGINAL ARCHITECTURAL o __ - DRAWINGSANDACTUALFIELDSURVEYS - '' !-i f PERFORMED BY VI-IB,INC IN OCTOBER 2012 19�I 'I` 9 -L.L.--FIT' AND SUPPLEMENTED IN MAY 2014. F _17 L'- L l ', - 1-.1....___T°2___ ___.1'.., _ " THIS EXHIBIT IS INTENDED FOR ANts, ENCROACHMENT REQUEST ONLY. ° T - tO l I- 0G .. 2 (( ,ai 1 ( ,T .VINIEI YNY9 0 o Of cin a w x i,� TOWN CENTER ASSOCIATES 9,L.L.C. W N g -� _'L_ _RETAIL UNIT,TOWN CENTER CONDOMINIUM 9 U a4 8 0_ � I 1 TOWN CENTER BLOCK 9 I ' -'GRIN: 477-54-1429-1000 W cc N LL _ Q O O I I Cr(.___L__11 t-, UO 2 .— l m O L` 1�._.t. 1 I -- __- _ '- I - Oz v V 21- F * .1%= - T --.- t ,1u ( _ -- ._ 80 B r3 �t I r 11 PROPOSED PATIO EXTENTION MINNINI AREA OF ENCROACHMENT=207 SF 1 I � TI,, II I II`� � i ,, I � � i ;,I : I VI I 2'-10"PROPOSED NEW II I I... i I I ! ' I 1 I� : 1,i I ENCROACHMENT I, 13 I, I I d', „• I' I �—� I �� ( di 1 iI ' I; 2'-0" EXISTING I I � , ' I � ( ENCROACHMENT ( ( ' I I ! t I I�' {I I PROPERTY LINE I 11 I. I I III :: II ( I I I I 1 II l 1- ,1; - t I I I c II a III I I' ( 1 I I ' , I I III IIIc I I I Il III, , ( II I'.;I� 11I 1 I ��{ I 'II LEGEND 111.1111111•11111 1 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-01.1 SCALE: 1/8"=1'-0" O4‘1 )PLTH Op ! Cox,Khewer& EXHIBIT EX-01 .1 �� . � Company,l.C. PROJECT NAME: CANTINA LAREDO SHELL C./ 1b SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 A �� , ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 / 2533 VIRGINIA BEACH BOULEVARD IIRGINI1 BE1CH.1IRGINI1•2:3452.7415 '1.'75'4'1433•F....6 7K4'343&) DRAWING FILE NAME: 21820_01_EX01_1_Encroachment PRINT DATE: 3/6/19 R �^ ,(' r.®46e.a-.nn•Inmxi.NhMiv.rcmn `CHI l�C 1 LINE OF R.O.W. 73'-4"LENGTH OF PATIO ENCROACHMENT TOP OF SLAB-3RD FLOORsr ` EL.=+52.7'AFF lillillIMIIIIMIMIlI• TOP OF SLAB-2ND FLOOR/ r'l '1�1.I - 4,PLAZA LEVEL I I I EN lmanj lII I= EL.=+32.7'AFF _ :(� i�� im B° ME I"CENTRAL HMK M11110111.__111!IUOIII Ib -PATIOENCROACHMENT a_" ---__ sr EL.=+12.7'(REF.) EXTENT OF NEW WORK EXTENT OF NEW WORK 0 5 10 15 25 50 1 COMMERCE ST. ELEVATION EX-01.2 SCALE: 1/16"=1'-0" GENERAL NOTES LINE OF R.O.W. COORDINATE VALUES EXPRESSED IN US SURVEY FEET. _ ___r___ TOP OF SLAB-3RD FLOOR THE PROPERTY LINES AND EXISTING -- EL.=52.7 AFF CONDITIONS SHOWN ON THIS PLAN ARE 1 a BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS I PERFORMED BY VHB,INC IN OCTOBER 2012 [ AND SUPPLEMENTED IN MAY 2014. l THE VERTICAL CONTROL ON THESE 2'-0" EXISTING ENCROACHMENT ELEVATIONS ARE BASED ON THE NORTH ' t -_j • 2'-10"PROPOSED ADDITIONAL AMERICAN VERTICAL DATUM OF 1988(NAVD 88) 1 ENCROACHMENT AND ARE REFERENCED TO CITY OF VIRGINIA .--LI / / BEACH SURVEY CONTROL DISK AT STATION LJ47401750. - TOP OF SLAB-2ND FLOOR/ THIS EXHIBIT IS INTENDED FOR AN _ ,_ PLAZA LEVEL ENCROACHMENT REQUEST ONLY. n sr EL.=32.7 AFF yZo `� 4'-10"TOTAL ENCROACHMENT III I , W N R. 1 T --Jl.._-.�I - 1- r I G 1 I C, z — TOP OF S.O.G. tL.+1C./ (lith.) 1 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0" O pst I.F1 OF 4111.1 Cox,�ewer& EXHIBIT EX-01 .2 0�� ,4 , Collljxu1\;P.C. PROJECT NAME: CANTINA LAREDO SHELL U . Y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE O' ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO � ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ii ARCHITECTLRC BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 2 OF:3 ' 2533 VIRGINIA BRACE BOULEVARD VIBGIVA BEACH VIRGINIA•23412.7445 VI 75:<pm33•Fnr.urvks:4l3Q3Ba DRAWING FILE NAME: 21820_01_EX01_2_Encroachment PRINT DATE: 3/6/19 I CHIT EC GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING __ CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL "• DRAWINGS AND ACTUAL FIELD SURVEYS �� PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH �. AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA .�,••�•1��:� BEACH SURVEY CONTROL DISK AT STATION JPs-,•••_ --,;.4. 4740 1750. i THIS EXHIBIT IS INTENDED FOR AN IENCROACHMENT REQUEST ONLY. I IEXISTING ALUMINUM 1 RAILINGDH GLASS INFILL TO BE I \- RELOCATED ATEED P NEW PATIO EXTENSION: h EIFS CLADDING ON STEEL TUBE • h T STRUCTURE I m 1N I 1,,r y� J.TOP OF PATIO DECK T ,,, r -- Y EL.=32.7 AFF i I. • Ell L._. ,.......r.f -t- 4 III ! II 2'-0" 2'-10" I; II 44' 11 4'-10" / 4: j: II 1111' IL-I- 4/ 11 I A 11,- A A: II I , 46EXISTING METAL 11. III SIGNAGE A 1:1 •.as._.ma.••.••..:. LINE OF R.O.W. 1 �' N I III ' a eo I III I '',. I II I N I III Ig I III_1.N I III w I II I 0 1o I III 1 I I III IIim I II z Z 11 1 I Ali 4,TOP OF SLAB I I 1 Y EL.=12.7'AFF 1I IIl ii 0 5 10 15 25 1 COMMERCE ST. PATIO SECTION EX-01.3 SCALE: 3/8"=1'-0" ��.L'CH OF 4011 A. Cox,Kliewer& EXHIBIT EX-01 .3 / ,4 Company,I.C. PROJECT NAME: CANTINA LAREDO SHELL C.Je'rI SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE WER, JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIOA ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ARCH I r E C T U R E BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 , 2533 VIRGINIA BEACH BOULEVARD \IRGI\I\BE\CH.\IRGLNI I•13431.:333 ,3''C"3I.33.,4.36,eb:4343A3 DRAWING FILE NAME: 21820_01_EX01_3_Encroachment PRINT DATE: 3/6/19 A RC H I rrf, j 61) . _: _. N VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE-NAD83/93(HARN) GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. PROPERTY LINE THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL EX – DRAWINGS AND ACTUAL FIELD SURVEYS 6 / PERFORMED BY VHB,INC IN OCTOBER 2012 / AND SUPPLEMENTED IN MAY 2014. / THIS EXHIBIT IS INTENDED FOR AN / ENCROACHMENT REQUEST ONLY. /// m a)/ w z w / o coo J W U / J OOZ 0 ao 1Z / W W O O �yJ lL Q Z O c O / U W Y o0 i= �– t-1 CC N / aomr / Q ¢ m" I- �� H a-(I-, w / WZW^ W -,,,z,? -J 0 0- C....) N / I z I-Z 4 / 1 O W O E / E PROPOSED PATIO EXTENTION AREA OF ENCROACHMENT=149 SF / / -1 GO .Z.Z____ '0 2'-10"PROPOSED NEW ``�2'-0" EXISTING PATIO ENCROACHMENT ENCROACHMENT 4'-10"TOTAL ENCROACHMENT N 89°36'00" E 200.26' \ • — LEGEND 0 5 10 15 25 50 • PROPERTY ANGLE POINT 1 NEW WORK 2ND LEVEL FLOOR PLAN EX-02.1 SCALE: 1/8"=1'-0" O '''' TH op A� /COX,Kiewer& EXHIBIT EX-02.1 0� ,O � COn11 NM PC. PROJECT NAME: CANTINA LAREDO SHELL CJ • SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 4 ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO •� ! 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ARCHITECTRE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 1 OF:3 ' 2533 VIRGIMIA REACH BOLLEVARD \'IRGLNIA BEACH VERGINI1•X52-1433 \,r.3.4341.031•Fa,,k:57.63-0380 DRAWING FILE NAME: 21820_01_EX02_1_Encroachment PRINT DATE: 3/6/19 fir W,,..m.tue.°,,.n•R..Awe .r..nxa, 11 CHITEC GENERAL NOTES COORDINATE VALUES EXPRESSED IN US SURVEY FEET. THE PROPERTY LINES AND EXISTING CONDITIONS SHOWN ON THIS PLAN ARE BASED UPON ORIGINAL ARCHITECTURAL DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 AND SUPPLEMENTED IN MAY 2014. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) AND ARE REFERENCED TO CITY OF VIRGINIA BEACH SURVEY CONTROL DISK AT STATION 4740 1750. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. EX 641111 0 T = — S AGSi„ " _ ,,--- TOELP OFSLAB-3RDFLOOR = .=+52.7'AFF 1'• TOP SLAB 2ND FLOOR/ PLAZA LEVEL Il - I i,�) A _ EL.=+32.7'AFF ---- -------- ----------- • 52'-7"LENGTH OF PA 10 ENCROACHMENT I r'II Ev _ ,I. 00 I 11 ln 11, q I II ii II 'I TOP OF S.O.G. I l— — — — — —EL.=+12.7'(REF.) CENTRAL PARK AVE. 81'PUBLIC R/W INST.#200212303086483 1.19111.11 I 0 5 10 15 25 50 2 CENTRAL PARK AVE. ELEVATION EX-01.2 SCALE: 1/8"=1'-0' .1,...1,CH Op �„� Cox,Kliewer/& EXHIBIT EX-02.2 �11 . OII)(klll�;I.L PROJECT NAME: CANTINA LAREDO SHELL LO . • y SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE I . �� ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO i�il. 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 , / ARCNITECTL RE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 2 OF:3 1.533 YIRGIAIA REICH ROCIFEARD AIRCI\I1 BEACH\IRGL\I1•2:W2.7445 WK,73,41433',...,,k73:4,40 DRAWING FILE NAME: 21820_01_EX02_2_Encroachment PRINT DATE: 3/6/19 I k .414'CHITV'° I GENERAL NOTES 1 COORDINATE VALUES EXPRESSED IN US SURVEY FEET. • E THE PROPERTY LINES AND EXISTING I. CONDITIONS SHOWN ON THIS PLAN ARE • BASED UPON ORIGINAL ARCHITECTURAL II DRAWINGS AND ACTUAL FIELD SURVEYS PERFORMED BY VHB,INC IN OCTOBER 2012 1---1111111 AND SUPPLEMENTED IN MAY 2014. MEI,Ntr.M. THE VERTICAL CONTROL ON THESE ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD 88) IIIIIIL AND ARE REFERENCED TO CITY OF VIRGINIA .._ BEACH SURVEY CONTROL DISK AT STATION r ii. !i, 11. ,',"1.: 4740 1750. � >h T._ THIS EXHIBIT IS INTENDED FOR AN !� ENCROACHMENT REQUEST ONLY. _____„„„. ._______ _____,_ • 1 1 o NEW PATIO EXTENSION: EIFS CLADDING ON STEEL TUBE AO STRUCTURE I 5) • I_ i _ TOP OF PATIO DECK � � • % sf.EL:+32.7'AFF 7 2'•0" 2'-10" II / II I 4'-10" II 11_ i II II 1 Z 1 IEXISTING METAL I ISIGNAGE U -i -,Z LINE OF R.O.W. 6.0 II N N , -H , II LI1 LU -, U W Y o 'I I N CO 0 0 0 1 II I Lu cn O N Q 3 0pp v I III 1" 1-cc 1—cc 1 I III irstj O LO 1-1- IIZ Z W y i0 0— I 111Z QZ11-3a 1 III1 III III II I" I I' _ _ h TOP OF SLAB I 1 'f'EL.=+12.7'REF. II i I I l 0 5 10 15 25 1 CENTRAL PARK AVE. PATIO SECTION EX-02.3 SCALE: 3/8"=1'—0" ,p,t,rH of „� Cox,Kliewer& EXHIBIT EX-02.3 4.4, .4110-; (.OmpaJl`f;I.C. PROJECT NAME: CANTINA LAREDO SHELL C./ i�frI SKETCH DESCRIPTION: EXHIBIT SHOWING AREA OF ENCROACHMENT LAWRE 1 ER,JR. FOR EXISTING AND PROPOSED EXTENSION OF PATIO 960 PROJECT NUMBER: 21820.01 DATE: 03.04.19 / ARCHITECTURE BY:CMD CHK'D:JDL SCALE: 1/8"=1'-0" SHEET: 3 OF:3 , 2533 VIRGINIA REACH BOULEVARD VIRGI\I 31EACH.31RG1(13•2W52-7445 VA,7S7-411-0035•F.,.,k13;-04111380 DRAWING FILE NAME: 21820_01_EX02_3_Encroachment PRINT DATE: 3/6/19 m�tti�..�.M"mw.c.�l•,".� '1RCHITEC Virginia Beach 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 • 0 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 nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). E] APPLICANT NOTIFIED OF HEARING DATE: r QJC ✓ORfi� NO CHANGES AS OF DATE: 1//07//p/ REVISIONS SUBMITTED DATE: i N !; tlry of Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Town Center Associates 9, L.L.C. Member: Armada Hoffler, L.P.* Manager: Armada Hoffler Manager, LLC* *see attached • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, 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) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. NIBCO of Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of I I your tax return Tin Architect / Landscape Architect / Cox, Kliewer& Company, P.C. Land Planner Contract Purchaser (if other than LJX the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Tenant: Sanjay Patel d/b/a Cantina purchaser of the subject property Laredo (identify purchaser(s) and purchaser's service providers) nTi Construction Contractors AHP Construction, LLC nn Engineers /Surveyors vhb The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. fi3. 04,of Virginia Beach Financing (include current Bank of America, N.A. ❑X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Faggert& Frieden. P.C. Real Estate Brokers / Agents for Divaris Real Estate, Inc. X n 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 IN 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? 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. See Attached APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. APPLICANT'S NAME: Town Center Associates 9, L.L.C. Manager: Armada Hoffler Manager, LLC Sole Member: Armada Hoffler, L.P. APPLICANT'S MANAGER: Name: Armada Hoffler Manager, LLC Managers: Louis S. Haddad Michael P. O'Hara Sole Member: Armada Hoffler, L.P. APPLICANT'S SOLE MEMBER: Name: Armada Hoffler, L.P. [the "Operating Partnership" for the REIT*] General Partner: The REIT* Limited Partners: The REIT* which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited partner investors in the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties, Inc. Executive Officers: Daniel A. Hoffler—Executive Chairman of the Board A. Russell Kirk—Vice Chairman of the Board Authorized Officers:Louis S. Haddad—President& CEO Michael P. O'Hara—CFO, Secretary & Treasurer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company. S:\Clients\6407\021\Encroachment\Disclosure Statement Attachment-v2.docx I TOWN CENTER ASSOCIATES 9, L.L.C., a Virginia limited liability company BY: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company Its Manager By: Louis S. Haddad, Manager Date: January;1f 2019 S:\Clients\6407\021\Encroachment\Disclosure Statement-Signature Page.docx lot I i ` n M P rte``,.. n . O - O O m N r k, '�)'4I �O �'�ate. ri--_- ,A.f.-• ° ` • 3 cn !I i'j' `3 4�f ii 1 / O C MARKET ST MARKET ST et e 1 M I D r A� Cu I - O "l 1 = —I s * CENTRAL PARK AVE • o z n1 M n \ 7- M __ a D -0 -I Or LA — rn DO c ) - z13 O ) O _. y • > A e+ ioVO CD > 073ZON 5 . M tD cri z.irn rn A I— O . 71 ca rn n N r -I n 4.A TOWN CENTER nR ,,, ..... .•11,:•,... , ,ti;; 'yma [ of . V---.1 ".-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation of $7,000 from VB Home Now, Inc. to the FY 2018-19 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: April 16, 2019 • Background: VB Home Now, Inc. is a nonprofit that was created to help end homelessness by working with the Housing Resource Center and throughout the community. The organization is led by Pastor Ray Bjorkman, and they have raised more than $650,000 in cash and pledges to be disbursed to partners throughout the community who are engaged in ending homelessness. A $7,000 donation was received by the organization, and the donor requested the funds be used to assist families working with the Housing Resource Center who are either homeless or are seeking to avoid homelessness. Support to be provided as a result of this donation will include assistance with rent, utilities, and other expenses needed to help families obtain and keep housing. ■Considerations: These funds were provided by a donor to VB Home Now for the purpose described above. • Public Information: Normal City Council agenda processes. • Attachments: Ordinance; Award Letter from VB Home Now Recommended Action: Approval Submitting De ent/Agency: Housin• •• -I- •or ood Preservation City Manager. 1. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $7,000 FROM VB HOME NOW, INC. 3 TO THE FY 2018-19 OPERATING BUDGET OF THE 4 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 5 PRESERVATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $7,000 is hereby accepted and appropriated from VB Home Now, Inc. to the 11 FY 2018-19 Operating Budget of Housing and Neighborhood Preservation, with donation 12 revenue increased accordingly, for efforts to prevent homelessness in the City especially 13 families working with the Housing Resource Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA14728 R-1 April 3, 2019 vb now April 3, 2019 Pastor Ray Bjorkman Chair Linwood Branch Dear Mr. Friedman, Vice-chair The purpose of this letter is to inform you that The Unbroken Foundation Deborah A.Baisden recently made a gift to VB Home Now with the desire to support families living Treasurer in the Housing Resource Center overcome housing barriers. In an effort to be Joshua Coe good stewards of this gift please accept and restrict these funds to the City of Virginia Beach: Department of Housing and Neighborhood Preservation's Barbara Taylor Creech Prevention & Diversion program. Mary Donnan Harrison These funds are intended to assist families with children, experiencing homelessness or a housing crisis in order to help them obtain or sustain housing Robert A.Jones by providing financial assistance for: rent, utilities, security deposits, rental Pastor Steve Kelly arrears and emergency housing fees. George MacDonald VB Home Now is committed to supporting and enhancing our community's system of services,to help people move from homelessness to Dee B.Oliver housing stability.We wish you success in your effort to make homelessness rare, brief and non-recurring. John Olivieri Sincerely, Theodore L.Salter Wayne Sawyer Ray Bjorkmav Board Chairman VB Home Now ( in8�1Z i- fi ) ix 4-- a) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $375,912 Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence MEETING DATE: April 16, 2019 • Background: The Virginia Beach Fire Department is the sponsor agency for Virginia Department of Emergency Management (VDEM) State Urban Search and Rescue Team. The team entered into an agreement to assist with the Hurricane Florence rescue efforts on behalf of the Commonwealth of Virginia. • Considerations: Upon activation, VDEM provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support these events. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. The total incurred personnel and equipment costs for the Hurricane Florence deployment totaled $375,912. • Public Information: Normal agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depa n_ Agency: Fire Department 1 a City Manager: )i% a 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $375,912 RELATED TO THE MOBILIZATION OF THE 3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH 4 AND RESCUE TEAM FOR HURRICANE FLORENCE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $375,912 from the Virginia Department of Emergency Management is hereby 10 accepted and appropriated, with State revenue increased accordingly, to the Fire 11 Department's FY 2018-19 Operating Budget for costs associated with the Hurricane 12 Florence mobilization of the Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ' City Attorney's Office CA14730 R-1 April 4, 2019 Hue ,tVw CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $171,705 to the Fire Department for Protective Apparel and Breathing Equipment MEETING DATE: April 16, 2019 • Background: On May 5, 2017, the Fire Department responded to a fire at Hermes Abrasives, a manufacturer of sandpaper products, on Viking Drive. When normal decontamination procedures did not remove the contamination, it was determined that the gear had been exposed to formaldehyde. Due to this exposure, the gear manufacturer recommended disposal and replacement of all affected apparel and equipment. Subsequently, an insurance claim was submitted to fund the replacement of this equipment. • Considerations: The $171,705 that was received from this claim is needed by the Fire Department in order to replace the affected equipment. The Department's operating budget cannot support this expenditure in the absence of this funding. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval ,,.-� a � Submitting Department/Agency: Fire Department City Manager: C--- 1 AN ORDINANCE TO APPROPRIATE $171,705 TO 2 THE FIRE DEPARTMENT FOR PROTECTIVE 3 APPAREL AND BREATHING EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $171,705 is hereby appropriated to the FY 2018-19 Operating Budget of the 9 Fire Department, with insurance revenue increased accordingly, for the purchase of 10 replacement protective apparel and breathing apparatus equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 Budget and Management Services City- rrfey's Office CA14729 R-1 April 4, 2019 K. PLANNING 1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from April 02, 2019) RECOMMENDATION: APPROVAL 2. PRINCESS ANNE HOTEL, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the northeast corner of Princess Anne Road & Community College Place re construction of hotel DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. EMMANUEL PROTESTANT EPISCOPAL CHURCH for a Modification of Conditions re child care education center within a religious use at 5181 Singleton Way DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. NORTH LANDING BEACH RV RESORT & COTTAGES /VIRGINIA BEACH, LLC for a Modification of Conditions re construct two (2) community piers at161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. B & W TATTOOING, LLC and CAPITAL FINANCE, INC. for a Conditional Use Permit re tattoo parlor at 172 South Plaza Trail, Suite F DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. NORFOLK VIRGINIA BEACH AIRPORT, INC. for a Conditional Use Permit re bulk storage yard at the vacant parcel on the west side of Miller Store Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. B & L INVESTMENT GROUP, LLC for a Conditional Use Permit re motor vehicle sales at 202 South Newtown Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 8. PLEASURE HOUSE BREWING, LLC and WEATHERSBY PROPERTIES for Conditional Use Permits re craft brewery & open-air market at 2032 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL pJtA•Bp„i 47) ft T 4 4�t"6 i°j ,...,„„ NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach,Virginia, on Tuesday,April 16,2019 at 6:00 p.m., at which time the following applications will be heard: Princess Anne Hotel,LLC[Applicant]City of Virginia Beach [Owner] Conditional R z nin (B-2 Community Business to Conditional B-4 Mixed Use) Northeast Intersection of Princess Anne Road & Community College Place (GPINs 1485349414, 1485442154) COUNCIL DISTRICT-CENTERVILLE Norfolk Virginia Beach Airport, Inc. [Applicant & Owner] Conditional Use Permit(Bulk Storage Yard)Vacant Parcel on Miller Store Road(GPIN 1459725907) COUNCIL DISTRICT-BAYSIDE Emmanuel Protestant Episcopal Church [Applicant & Owner] Modification of Conditions (Child Care Education Center within a Religious Use) 5181 Singleton Way(GPINs 1466687935,1466780944) COUNCIL DISTRICT-KEMPSVILLE B&W Tattooing, LLC[Applicant] Capital Finance, Inc. [Owner] Conditional Use Permit (Tattoo Parlor) 172 South Plaza Trail, Suite F (GPIN 1487826823) COUNCIL DISTRICT-BEACH North Landing Beach RV Resort&Cottages -Virginia Beach,LLC[Applicant&Owner] Modification of Conditions 161 Princess Anne Road(GPIN 2317412793)COUNCIL DISTRICT-PRINCESS ANNE B&L Investment Group,LLC[Applicant& , vo Owner] Conditional Use Permit (Motor Vehicle Sales) 202 S. Newtown Road (GPIN 1457837535)COUNCIL DISTRICT- KEMPSVILLE Pleasure House Brewing, LLC [Applicant] Weathersby Properties, LLC [Owner] Conditional Use Permit(Craft Brewery& Open-Air Market) 2032 Pleasure House Road (GPIN 1479461677) COUNCIL DISTRICT-BAYSIDE 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: 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:MARCH 31,2019&APRIL 7, 2019-1 TIME EACH a 4'1_1 61:L:9 ill 7, ) iA 'co • A cNir =ri ,..J sj '7 0- . w -an. IL 18 gir > .._20 0 i Co cd C in° sr 0 - rima,u, 0 6 D I sii pi 1 Tr. 6 , 5, M LTI ion siiii„,c 14:citt gr .>. .i-N---_- _i---_- -r, 0,il,-,a-,s 7 .-------- -t- o_---------- -'---.--- --- ----- i E 61 .c?? IDC 0, \ T'" /Et/ Ce cu > \ C:i ---_,,, .bc 5- '. .......,.., a) ...._ $.- ---, 0 Cr CD \ CD --------N NNN it 0 ti co F4---rtz-T-1 OS�` fn�ti.�� ....,...."4,„ _,:,-, ,,...7.,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District) on property located on S. Birdneck Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH. MEETING DATE: April 16, 2019 • Background: This application was deferred by City Council action on February 5th, February 19tH and March 19th to allow for additional community outreach and proper timing for the review of revised proffers further restricting allowed uses on the property, as indentified by underlined text on page 3 of the attached Staff report. On April 2, 2019 the City Council deferred the application requesting additional information of Staff regarding permitted uses based on the terms of the Navy Restrictive Easement. The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S. Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot). The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The proposed exterior building materials will include metal panel siding with a vertical raised-seam band along the top of the building, and split-face block CMU water table to add visual interest to the façade facing Birdneck Road. The proffered landscape plan depicts streetscape frontage, parking lot and foundation plantings, as well as the required 25-foot wide Category II landscape buffer adjacent to the residentially-zoned property to the north. • Considerations: In Staff's view, and the Planning Commission concurred, that the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies set forth for both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Based on the existence of the easement, while a portion of the property is indeed zoned residential, residential uses are not permitted under the terms of the easement. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Clear Creek Holdings, LLC Page 2 of 2 There was one opposition letter received immediately prior to the Planning Commission public hearing. The citizen requested that the Planning Commission defer the application and noted concerns regarding public notice, traffic, flooding, and the transition of land in the Birdneck Road corridor from residential to industrial uses. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• •rt - gency: Planning Department 729 City Manager: Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item Public Hearing January 9, 2019 City Council Election District Beach (-cr,/ Virginia Beach Request Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light \\ �'"'"'�` Industrial) ,Z Southern WYd N levarorldk Avenue 'o.7S de ON1 rla<k>on Street 0 3r mai c 2 a'S. ,. tr�,, F Staff Recommendation ./. e`°�F yea Iensen Or FY! .. - n Approval s . rs�"ey Preserve Orrve ex.. g m Run vC' Staff Planner �ercree,uneea Cv°° lawful, e'4 Jonathan Sanders "5' °" :) Location West side of S. Birdneck Road Owk`,et L Fr,U ,. GPIN 2417417724 Site Size lrratem(sort 4.38 Acres AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay ;_r ,.1 =-4. ..r:2`.:r,.--r-F- .r,I ) Existing Land Use and Zoning District 4 r ; r' '%1L-t- Wooded/ 1-1 Light Industrial, R-10 Residential k4 Surrounding Land Uses and Zoning Districts North _s Vacant/ 1-1 Light Industrial, R-10 Residential f Fi South Virginia Beach Animal Care &Adoption Center/ B-2 Community Business, Conditional I-1 Light ' "t Industrial � a`:i , ' J . 1- ,-. ... -- East ,= ' ' .t ",;. % . . Park/ R-10 Residential 4 41 ' West L. . t, Wooded/Conditional I-1 Light Industrial Clear Creek Holdings, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. • The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. • Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. • The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. • The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. • A stormwater management area is proposed at the western end of the site. :1 J �_ y S -. _ ! -t �l - —® ' `-' - im A'� Zoning History v c .— j �F P-1 # Request / ,— — _moi " Zf _ : 11_ — — �_: 1 CRZ(R-2.5 and I-1 to Conditional I-1)Approved -~' rV4fAt ` = = —_`,1 �, 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 CUP(Bulk Storage)Approved 12/11/2007 ER R-10 ; CUP(Outdoor Recreation Facility)Approved 02/09/1987 '• - 3 REZ(R-5 to A-1)Approved 07/06/1981 - � , L -` -- I- - -- ' ate , , 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 Clear Creek Holdings, LLC Agenda Item 1 Page 2 Evaluation and Recommendation In Staffs opinion,the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1- East Oceana.The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above,Staff finds the request to be acceptable and recommends approval subject to the proffers below. Proffers The proffers have been modified between Planning Commission and City Council review, as underlined below. Proffer 3 has been added, and the former Proffer 3 becomes Proffer 4. 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,the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA BEACH,VIRGINIA" (Sheets C1 through C4), and "LANDSCAPE PLAN—SEATACK BUSINESS CENTER,VIRGINIA BEACH, VIRGINIA (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors& Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter "Concept Plans"). Proffer 2: When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW(SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by Covington Hendrix Anderson Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: When the property is developed it shall not be used as mini-warehouses(i.e. self storage), automobile service stations, or automotive repair garages as provided for and defined in the Zoning Ordinance. Proffer 4: 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: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Clear Creek Holdings, LLC Agenda Item 1 Page 3 Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition, the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within 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. Birdneck Road 15,798 ADT 1 28,200 ADT 1(LOS 4"C") Existing Land Use 2-289 ADT 30,600 ADT 1(LOS°"D") Proposed Land Use 3-740 ADT 1 Average Daily Trips 2 as defined by one acre of 3 as defined by a 59,500 square foot °LOS=Level of Service R-10 and 3.4 acres of I-1 business park zoning __! Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water.There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Clear Creek Holdings, LLC Agenda Item 1 Page 4 Proposed Site Layout MATCH LINE A–A ..,... — . . utur ea FIBcoe , .• •- • .,. ,m 11 PED ECIOR - . ,a NON TP 14 --1- ..Zs -' Til ./V.PL \ nil PED am uttir A _ UNIT 7/. , ' 11 .. Fr FT=13.00 • - CO - 15. 0/t1 DOOR \NI II &...'.•::\ "C°3a ,• • S.- d t.tr— •_. .1 , ..... -,' 6\ 31110--E-Som.- 4 atiq 0,41 DOoR ow a • (8 20E005000466210) PY,BUILDING AO"rmw & .. 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' 4,-::-- - '' ------- __.- .....____.......--• -------.,:. ...--"------. ,..., I04--..-'" EXHIBIT ,-- vikov aPI1) . mattaLE xo V rs•.-. ,...60,) .-----.. At RO r.2*L .n.S SOU". 000t Pf,OV,z-i4910-5,,,537- .a. SEATACK BUSINESS CENTER t,....'-' ..,... carmt OWEN NCRINN05.LLC me I 'a I -0.3 .-" SEPT3OER UN.2018 I. ..... NM GALA Vs C l 11111METORS a ENIIIEBIS.LW au row COMM IMO ' ''' MEM WO . K OEM VW I. mops.=rex Clear Creek Holdings, LLC Agenda Item 1 Page 5 Proposed Site Layout MATCH LINE B—B A. .ham,; COM ODR IMi 10C -n:<1 • MA? FF-t13O 1-� NF-ADS / 2401-1315 ^(?a �o- FIT DOM • r„,..-= 1 ". ISD DOOR YO/311t FOINERIY - a UR \\ IMT 9O -` 1• OM OOOt A-1154 (IN 7C"005C5J:*J<EE':10; K R91 R 1EYSA 1001 f' 3 fA.IO NIA'EM'.N) IN 00.122101M111 /.. PORN.H-A r W.x0N000000WMT0(PUT) - •. - \\ OM COM IMT BC OM 2417-41-1313 ZOOM 1-1 �.... T ; Pm ODN , -1130 YO iii AMY i .. ' ^; 'i l �'' ISD 0001 . 50.03 �� IMT 7C sr/ Ns, i \'; 0/H Dm FF.1130 .' DM DODR I �1 3 E INIT 20A . 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N ... ) WIT 12,1 0M DOOR ',, 11111r / IFTAIOB FF•I3.50 PED DOOt • ' SSA PED DOOt - asialia 3101 IIA TT.14.00 0/H 0001 `\NI - // WIT 10A OM DOOR ® • - xi ` FT=14.50 140 DOOR - ` . 1 �P : 1 I UNIT OF •? WIT 94 N - IIMA,044g. • ;FF.1510 0/H DOOR \�\ I1 ;{RNfit iiti: Lk_ • 4„.-11- HOUR FIRE NALL - ,.j 0 DOOR IMT _ I s 111 1 — 441 1}00 0/H DOOR:.\` :I .'• re DOOR FT•15.00 1 MIT MATCH LINE A—A 4 C2 Clear Creek Holdings, LLC Agenda Item 1 Page 6 Proposed Site Layout i. ....--2--...._ - - - (U.20100500GC0-65710) 1 NPG\A BEACR) - \ ' xOn--'DA/ af1MRS (SCA]re riN \ C 7 YAPS') \ A . . . 5'aIG GRA l " \ MN,OR FORWR.7 %F\ / EN2 20200024 ]2]0 -'/ ..• -I- I.u.201/0.32100025291G 1 ). \ CwI:11.121,- 0220 O-aB2] \'-. \\. ‘ --A .....V.\ alb \ lb. 1 C55E11001 T 1 1 \.® N I 't / lbs ,,,------\ jitIc ' / 1 /( \� /( / \+ \\ Pel •1 - l1-. —\ ' 1 to :,iROPFlft1 WE PER/ t � / 1 4 / it, • ..Lf, `•��lA IROPERT' T. SKY! J E PEI I .` / ` _'�. x014 OR FORYFRIY ` NAM MINIM CLAY 2oimvn0u'.wc2,o . 5 0 I `.Gi �I� R.200]0/]00IOn '1\ / �n ; we 52 P.161 /(J// Y.0.159 P.2B 57 i I l,r ',Gm:2511-52-9015 1 r `,04,./1. I I 1 r".1-0- 1 ZO ID:1-1 VOMIT OF - 3 I, B3 MERAMS—�� • I , ` PROPOSED JRETENTION POND v - Af,M-TnA 4EAANUWT OS � �11/ xlnxrs , WjI 121M, °� a P. /m MATCH LINE B—B SAM [ C3 Clear Creek Holdings, LLC Agenda Item 1 Page 7 Proposed Landscape Plan MATCH LINE A—A 1 �d _1 uAIT u • �1 , it • "— UM>a 0.; Bart',. I , -0 I� ' 11 Tn ER /1 ,I N.2C1 5UdWAA21C) uAiT 5A �,. ?lTTAeras; it 1 15-1 1►k 1 cU LGIRG C i' T RUII DI\C d. OJT -411.70. 1. Ii DA =S`.. .el ,:2 ;,r,= I LIJI w CO1 R IrBu14A J $ 76-3 r ©11 .0 ..-.n:Htl 11 Ra' r 1.221 x "-x-0:B_Ia 1 BJV C+Itl1 2 r — iNE,,,, DF V:1C121•1 BAT IA. I X1 A 20Gai:.-ICIBB'1`-- it A S B_A UI.T SB/41. 11LAI) 1� WI i R Baa = W. _\ - ' '" 74-1 �:a .2P A BLAGN CARL 2 D AGORCt..B.TU u'u o /15(_).....,-1 �,1 T3-2 r T1-1 --re—1 L ip . FRC'cur. \ 11-1 �r�l•,,,,,,•:.� rIN.1V-N-ST-1P s-.7.1-44 fi --.^ _1� SL..7� �t �� 1a1':LL l_IAL I u TO, c yam [� Stl-17 18_ �ewv . ?,. w✓� J �n�'. !.t , .::_ . • '' -C. ,.... vac��,,�ppLtN II/v6 LANDSCAPE PLAN SOU TM ,`kG: -„y-. „3. '° SEATACK BUSINESS CENTER (;YB CN M '„DADR' ,r JG,Ci..:l,A ---..,.. MIWA BEACH,'AROMA CLEAR CREEK NGIDNGS,U.S ""'".0. I.,.,n.. I:.a.+. -- sEPTC•BTI 26.202$ Dy 1iFif VA ,.1 L,a '/ L1 0117).0.-111131(71.711-WOO rut Clear Creek Holdings, LLC Agenda Item 1 Page 8 Proposed Landscape Plan MATCH LINE B—B • . : 915_1 _ , ,, . 16-2— \ ;` :;.:\ (I.N.7l.0:15M,:746621G; X1..11 7 ARO,A MJ_, _ _ __....___. �'.,.iGAtA'CA: ; N.2C0.1221D 0.'I, T4-1 - - YMR31 4 1 Pi _01"ORiDCONic ERF.,- 4. VI% 41T-MI 1_12 ` 1 , f`` MT EL 4. 4 15-1 i l ,,, JIT:G • • BUI-f,C C - M14 1 r. T J,T I. 1 f -- T5-1 L 1-! is J J t H ryOOx 1_441' JTI _ C F -,R UiL9 Y R M .1+'T:EiF. SL I. 9 , N 1-11-bel, - J/-48 15_11,,,;,.—,....:..) 0 75-1410— - Ko.CA FORMER-./ T4-1 T,I:C11,OF LI V RA EC...1 IA 230,221C11191 I _ 4A<_.I 111-7-. J I 144 - •. 15-i N 2Y1350CCOCMOL2'O(F141) • 16-3 Cill: IS—! F_ f _ - 0. . - . . s..i - 44154 , . - isn rMx : ° • .: : 15-1J. 104 l _ 40 J i. 1 I- 9111T MATCH LINE A—A L2 24 Clear Creek Holdings, LLC Agenda Item 1 Page 9 I Proposed Landscape Plan (I.t.2O100509GC0!65211) 1. ;N:G\A 9FAC-) ` . , - • • •ICI-10/1 mu.Ot A ‘ • \. (scaYreN�APST2N \ C \ : •,.. \ ., • •\ - — — e:,a`pub \, •et r.w.veiv } , tt OIL 1:11L‹LRAM',La \ .R Y O,G23C \C25M3 ' .. I' I ` LPL ICIOUZPXOO6PPL: % ' iaerr.: ' . . \ \ V ). i • �G � \\ ........\\\ y\ f \'1 �l9} raw.l ___.-aaiil `,c:' 7 I /; �, / /' 1\ i ; � ; / 1 , e_ f ; PIOPI.R'T J.:cC4,, , ,, , Y*, •f A I H.C_ Ibl, HYAROSED IM1H ___. — — `� l ', f ;I: VE1M! SEED MX rt - ; BUSHAINHOG°° I ' –- , _ [ I ‘ / li ' r . - -f6-,`-'';',.. (I MM C.FOR*P1-' }( 1 HMI: v141.1.41.4M.I,:L `` 12ORW 3CG:ds, , I `V. ` hIL 2 P.'S1 ' I •/ •.'' M.O.IN P.21 /_4.0,41' I ` �..—/ 1 Yvcxl, 1111,OFI - . +• _ -.. .RC°OSFD RETNTION POND — — y fir•° T �. , � ICC.k�SCO: ., • �Q _ • II• MATCH LINE B—B SHEET 3/. L 3 Clear Creek Holdings, LLC Agenda Item 1 Page 10 Proposed Landscape Plan BIRDNECK OFFICE PARK PLANT MATERIAL SCHEDULE .ABBR.SOTANICAT,NAME COMMON NAME SIZE REMARKS TREES II c acus phenol, Willow(alk r 25`caliper Specimen'single stem T2 Cools maidens* Eastern Redbud S-IO ht Muhl-slew T3 Magnolia virgioiuou Sw ctbey Magwlia V-IV hl Multi-sum 14 N'ssa evnatea Stock(:um 2"—2.5"caliper Specimen'single sten TS Plateaus,eccitolie Landon Plane 2" 2 5"calipe. Specimen single stem T6 Rex opa. Amcriu.n Holly 10--12'hl Specimen single stem SHRUBS SI I.iguetrun'Susruma:River Suwanmx:Ritrr Liman—urn J gallon amt, Cont.hedge in corn.mulch bpd g lot 52 Pitosporium Moja Moja Rtlosponun I gallon coat. Coat.lass in coat.mulch hod @ 3'o0 53 Ross'Apritxrt Ihil' Apawt Drift Rosa' 3 gallon aunt. Cont.mus in will mulch bed @ 3'l,; IN !les vvmimna'Nana Schillings' Dwarf Vaagmn I lolly 3 gallon cont. Cool mus in cont mulch bed 0 Rbc SO Iles.act Blue Prioress Bloc Princess Holly 5 gallon cm. Com.hedge in can.mulch bed 0 doe S6 Hydrangea'Limelight Hyd Limelight 3 gallon cont. Cont.mass in cont.mulch bed(0 Noe 57 Ilex cmmuta'lenfnrdi nolo' Dwarf livhod I lolly 1 pallor cont. Cont.hedge in cont.mulch bed fid,3'oc PERSNN LA'S P5 Hemeocallis'Hoppv Returns' Happy Rnurtu Daybly 2 ga1oa amt. Cutmass int cont.mulch bed 0 2'oc uu a (717)466-3417 000 17871 4111 7511 Seatack Business Center Shaba 6wmeee Cama , • R.ta... • nca M ,owe..n,N V. IMO a.oar no 211t73-112 .tip FOR LEASE I Jn/ I) Nrus I • t 1 - --I i . ...woo a.,.... 'I's-. I I I i i ( I I is a tl filff StAND.NG llGN7t0 SIGN D 5 9477 4/. L 4 Clear Creek Holdings, LLC Agenda Item 1 Page 11 Proposed Elevations cc) I • . , • • a) 1 V 3 • b, n I • ;.; . • . to- , ( 4-) ,• (I) A'zz': ;. • 11) •- --I-- t: .; • 4 •"7+ . - -.3 • ; t„,,1 LC) r I•, 11 t Clear Creek Holdings, LLC Agenda Item 1 Page 12 _ _ Proposed Elevations -1 0 -- -Qi iT ; g i 0 NMI 3s f ill I} ) J f i It 1 1 ;'. E -- -fig 4°-.-C-;- 09-, , 2 € v9,a 1 I _ i.1 II 11 3T p it =, OM _ v G $ 'f Z1 l I. --PIG _ .+ t'Pio- . i 1, ' u) iL‘ ji _. .�, dl se) .,1id c s -3 , iii `' fil z� � ko :. `f - '4 l O ij Clear Creek Holdings, LLC Agenda Item 1 Page 13 Rendering ;--''- 't ,. 4.. ,, - — ci- (, 1 1 ! , . .. , - . . . _ . 9# , . . , : 1 ( la i ! I ( 0 l' - c -.-_-,- - 1 .(— l ,_11 -1- -c — 0 0 .... .,. Clear Creek Holdings, LLC Agenda Item 1 Page 14 Rendering I r _ ____- __e 111111111 11111111 9 12 - I ma .0 I I- gyCL m. % II i'._. ; glmi iii r-,--.: I i • 1 1flflhIi __ T ism cc- _ilk .„„..,au: ,I 1 r- Ill, I o 'i n Y a in ins 1 I -,� = , �-` iliiii � fir'1 5 ill 3 lig I IR 0 J ' Ilillllll I _ , 3 Li'l t 1 � all \JS Ilk ') l Clear Creek Holdings, LLC Agenda Item 1 Page 15 Proposed Sign .R OPE-R'v Of �aa1 W4* 1.3z* 61611 COI FCPLTION 6715"V(1 r (757)486 3412 N 000 1757) 486 7658 Mai _ CARDNALINAL SKN COM 2 Seatack Business Center Seatack Busmees Conte, R.yn Localon Birdneck Rd . si urRD arc 61rf DR+G SYSIIIIS Va Beach SADDL(TAN v, Nc. 28173 R2 EYOne FOR LEASE S aN amara1 +' SPin rICF0 6LOCA .)illy Phelps ... I J._._ 1..__. . l.. _ �._._ MOOED SW WV MALABAR Seal*: 112"4-0 1 1 Data. 12.6-16 FREESTANDING LIGHTED SIGN D/F C�9tomQ.Approve l Clear Creek Holdings, LLC Agenda Item 1 Page 16 Site Photos �' • ,tefi, ' .t.. -g .io , 'r -kr .:"Jp,,•,:',,'-l'..„; -•,/r.k: - -• .....1,6- • • �.-kms 'r 1t'0 ,, :fit-b-`�`, $ �r ,.Y, I.�f , irvitt _gyp 1 } r _. iiiiiiiimig0000. . . , r a K 3,,� 4"k • 5 'r ?� L i ., +. 41., f. * - VIM i 'Ai; ° ._ ,.4- + • - - i .• ':e_:lry e:". ,i,, _'.• - -HY 1 3 --1-t re it • IIIIIIIIIIIIallr Clear Creek Holdings, LLC Agenda Item 1 Page 17 Disclosure Statement V13 Virginia Beach APPLICANT'S NAME Clear Creek Holdings. 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 Page 1 of 7 • ' IR-ANT NONFU FDOF HFARiN(, N( c1+.xNGrs As Cl i 14H 141 WQ,(� William Landfair Etii;ic5 SUBM,i tt,) t Clear Creek Holdings, LLC Agenda Item 1 Page 18 Disclosure Statement V1B 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:Clear Creek Holdings, LLC If an LLC, list all member's names: Lawrence Kurtz, Sole Member/Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 19 Disclosure Statement NA3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. r4 • y. i SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business_operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 20 Disclosure Statement APPLICANT Virginia Beach I YES] NO SERVICE PROVIDER(use additional sheets if needed) I 1 Accounting and/or preparer of Rip Walters,CPA your tax return NII I Architect/Landscape Architect/ Covington Hendrix Anderson f,`' I Land Planner Architects ❑ © Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111❑ , purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Mike Lanning I ❑ ! Engineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahern&Levy.P C. Real Estate Brokers / John Katsias �vl ❑ ! Agents/Realtors for current and (/tel j 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 El an interest in the subject land or any proposed development I ' contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 21 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. Clear a '- -- Lawrence Kurtz. Manager 16/ (2 By: APPLICANT • R PRINT NAME DATE Page 5 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 22 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. Clear Creek Holdings, LLC Agenda Item 1 Page 23 Item #1 Clear Creek Holdings, LLC Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) South Birdneck Road District—Beach JANUARY 9,2019 CONSENT Ms. Oliver: The next order of business, we will address those they have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent agenda. The first matter to be heard is item number one. This is an application for a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road approximately 680 feet from Carissa Court in the Beach District. Do we have a representative? Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon, Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate this item being on the consent agenda as we worked diligently with your city staff on this request and have provided answers to the questions that were raised in the informal this morning about access and parking and my client will be putting in wheel-stops as you suggested. Thank you very much. Ms. Oliver: Thank you. Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond. Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional rezoning from R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road. The subject site is zoned both R-10 residential district on the eastern portion of the lot fronting South Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to conditional I-1 Light Industrial in order to construct three buildings, that you see them there, that will contain 38 industrial office and warehouse units. The site is about 4.3 acres and sits on an undeveloped forested lot. It is also located in the Accident Potential Zone 2 and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. So each business will need to obtain a separate determination letter from the Navy to ensure that its proposed use in the building meets the terms of the easement. There was some discussion this morning about the number of parking spaces, the 1 appropriateness of the number of parking spaces. The applicant helpfully provided some additional data that we did not have this morning. The total number of parking spaces will be 119, 18 of those spaces will be in the front, loading space in the rear and approximately 100 parking spaces in front of or along the open space internal to the center, so which comes out to little over three parking spaces per unit. The commission is unaware of any opposition to this application, the staff recommends approval. The Planning Commission, therefore, concurs by consent, thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1- 18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 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. 2 Id 111 J . / r II -1 1 ... 1 ,rk D I 11 -11 r---ig•-- ...,.,„ "--4r----,. 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' - , 1 riii . csi 3 1 -mice, , ourei Bp- i* 1 wasig, r_ ,,,,,,, 1 %.10.-- .../ , ,./ , A . 1) „ / CIAINIS .IMPAI! / "loni :zeal i - / ---- / ' .7--- c57 , Ca ':,. :-- 6 •- it_ -------- i , .„ _ , • / / ...- .leaz i 0-4,1,- .. iposiv mi. 0 r . --_- __—_1 '1 - e . ?- —itti • si -id IIV ,,..,._ OIL /I, „. f 2) CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: PRINCESS ANNE HOTEL, LLC [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Change of Zoning (B-2 Community Business District to Conditional B-4 Mixed Use District) for the property located at the northeast corner of the Princess Anne Road & Community College Place, (GPINs 1485349414, 1485442154), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: April 16, 2019 • Background: Following the Planning Commission public hearing on July 11 , 2018, the applicant requested an indefinite deferral in order to provide additional time to develop a term sheet that is acceptable to both the applicant and to the City of Virginia Beach. This City-owned property at the entrance along Princess Anne Road into Tidewater Community College has been marketed by the Department of Economic Development for some time. The applicant proposes to rezone this almost 6.50- acre site in order to subdivide the property into three parcels. Ultimately, the project includes the construction of two hotels with up to 226 rooms as well as a stand- alone restaurant. It is the intent of the applicant to establish a shared parking agreement between the uses on all three parcels. Vehicular access is limited to Community College Place, as this section of Princess Anne Road is identified as a limited access roadway. The City Council voted to declare this property as excess on March 19, 2019. ■ Considerations: Securing a location for a hotel in the Princess Anne Commons area has been challenging due to the AICUZ restrictions and the environmental constraints that exist in the area. This site is particularly attractive as a hotel site as it is located in the less than 65 dB DNL noise zone, outside of the Floodplain Subject to Special Restrictions, and is in close proximity to the Princess Anne Athletic Complex, the Virginia Beach Sportsplex, the Amphitheater, the future Biopark, and various medical facilities. The request is consistent with the Comprehensive Plan's vision for Princess Anne Special Economic Growth Area 4, which encourages hospitality uses. As recommended by the Plan, the applicant submitted a preliminary drainage strategy and subject to several modifications, Staff is confident that the concepts proposed will meet the required stormwater standards. The analysis showed that the stormwater outfall for the project will be directed to the southeast into a 72-inch Princess Anne Hotels, LLC Page 2 of 2 pipe under Princess Anne Road, through the existing stormwater ponds at Landstown High School, and eventually into the North Landing River. As such, Staff does not believe that the stormwater from this property will have any impact on the nearby Buckner Boulevard. Further details pertaining to the rezoning application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm= 7 ' • -ncy: Planning Department-V7 •City Manager: Applicant Princess Anne Hotel, LLC Agenda Item Property Owner City of Virginia Beach Public Hearing July 11, 2018 15 City Council Election District Centerville Virginia Beach Request .,.—,, "��' Path' Conditional Rezoning (B-2 Community Business °`` E404..", to Conditional B-4 Mixed Use) ` P,«a0` F d Staff Recommendation ; . Approval ' Wm'c.., -,6. 4 Staff Planner . Vil "Er"--'-i Jimmy McNamara i TYb^Y ti ; N. UM S.W..N•Y,w+Y wow Nos.It 110h Location sLi�Ra,Urr Property located at the northeast intersection ,,..+ o, �,, of Princess Anne Road&Community College �? �S. Place ,,a,,., %,, GPINs _____2__ 1485349414, 1485442154 Site Size ' t , E3ui,i,:va••6.46 Acres Orr.; - , AICUZ " . . -,#1. At .<.art=`' Less than 65 d6 DNL a =- ' — :., �. Watershed .._, - - _ , Southern Rivers r;�. Existing Land Use and Zoning District ;`^ , N. 4.."• ��, , r- t Undeveloped / B-2 Community Business -,QIP itSi Surrounding Land Uses and Zoning Districts %,`-1.110#14'% ,'!'y�'1 North "� '.o,�"; ,0'1; 4 _.-` _ 0',.. Undeveloped / B-2 Community Business - ,�ti. n -F t, , South ilk k14-11, ,.!'' - Ili Princess Anne Road Single-family dwellings / R-5D Residential East Community College Place Community college / P-1 Preservation West Commercial / B-2 Community Business Princess Anne Hotel, LLC Agenda Item 15 Page 1 Background and Summary of Proposal • In 1983, the subject site was rezoned from R-8 Residential District to B-2 Community Business District. Since that time, the 6.46-acre site located at the current entrance to Tidewater Community College has remained vacant. • As the property is owned by the City of Virginia Beach, the Department of Economic Development sent out a request for proposal for development of the property. Two responses were received and the applicant's proposal was selected. • The applicant requests a rezoning of the site, which currently consists of two parcels, to B-4 Mixed Use in order to construct two hotels and a restaurant. Additionally, the applicant intends to subdivide the site to ultimately create a total of three parcels. • The parcel located at the corner of Community College Place and Princess Anne Road, as depicted on the site layout, is proposed to be developed with a nearly 5,200 square-foot stand-alone restaurant. • The second parcel, also located along Community College Place, is proposed to be developed with a Hampton Inn & Suites with up to 120 guest rooms. • The third parcel, located to the southeast along Princess Anne Road, is proposed to be developed with another hotel with up to 120 guest rooms. • Access to all three future parcels will be via a single point of ingress/egress along Community College Place. No access to Princess Anne Road is being requested. Cross-access and shared-access ingress/egress easements will be established during the recordation of the final plat. • The applicant has proffered that a new westbound turn lane within Community College Place will be constructed when the property is developed. • The site layout depicts the required street frontage, foundation and interior parking lot landscape material. • The Zoning Ordinance requires one parking space per lodging unit and one space per every 100 square feet of floor area for the restaurant. As depicted on the site layout, the proposed 5,200 square-foot restaurant requires 52 parking spaces and the two hotels require 208 parking spaces, for a total parking requirement of 260 spaces. The submitted site layout depicts a total of 265 parking spaces among the three parcels. The applicant is aware of the potential need ofa shared parking agreement amongst the three parcels in order to meet the requirements of the Zoning Ordinance. Staff supports this approach. • The submitted proffered building elevation of the hotel building depicts an exterior with neutral or earth-tone colors with primary building materials of brick and EIFS. Both of the hotels and the restaurant will feature similar building materials, color schemes, and architectural style. • An eight foot tall, monument-style sign with a brick base is proposed for each of the three new parcels. • The applicant's engineer identified approximately 0.425 acres of isolated, non-tidal, emergent wetlands within five scattered pockets on the site. This exhibit entitled "Onsite Wetland Exhibit" is found on page 10 of this report. The applicant has submitted this information to the U.S. Army Corps of Engineers and is awaiting an official wetland delineation approval. Once a full approval has been obtained, a Joint Permit Application will be Princess Anne Hotel, LLC Agenda Item 15 Page 2 submitted in pursuit of filling these wetlands for the development of the property. As a means of mitigating for the wetlands impacts, the applicant intends to purchase credit from a commercial mitigation bank servicing the Southern Rivers watershed. c. PD JRD:Fi3'^'- 'PD.iit O4I1 -. Zoning History A , # Request 1 REZ(R-8 to B-2)11/21/1983 2 MOD Approved 07/09/1996 I �� P-1LUP Approved 12/05/1979 :5A, 44,6 3 CRZ(R-5D&R-10 to Conditional PD-H2(A-36&A-12)& N. �/. 8 B-4)Approved 06/26/2007 I CRZ(R-5D to Conditional B-2)Denied 02/23/1999 1 t ,. . �: !� � rul 4 CUP(Motor Vehicle Rentals)Approved 02/08/2005 b` 5 CUP(Car Wash&Automotive Repair)09/22/1998 r t 't ., 1. „s rT: I r ./. 7 f:•R-5D \\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance RFZ —Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request to rezone the site to B-4 Mixed Use for the purpose of developing two hotels and a restaurant is consistent with the Comprehensive Plan's vision for Special Economic Growth Area (SEGA) 4- Princess Anne Commons. The Plan encourages hospitality uses which are directly adjacent to the Virginia Beach campuses of Tidewater Community College, Old Dominion University and Norfolk State University. Securing a location fora hotel in the Princess Anne Commons area of Virginia Beach has been challenging due to the AICUZ restrictions and the environmental constraints that exist in this area. This site is located in the less than 65 dB DNL noise zone and outside of the Floodplain Subject to Special Restrictions; thereby making it ideal for development. The growth of the area, which includes the Sentara Princess Anne Hospital, the Amphitheater, the Princess Anne Athletic Complex, the Virginia Beach Sportsplex, along with the future development of the Virginia Beach Biomedical Park, has further increased the need fora hotel in the southern part of the city. The applicant intends to partner with the Tidewater Community College Hospitality Management Program to provide real-world training opportunities for students. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, the DSC concurs that while there are still items that need to be addressed during final design, the proposed conceptual stormwater strategy can be modified to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Princess Anne Hotel, LLC Agenda Item 15 Page 3 In Staff's opinion, the proposed request will provide a valuable commodity that is currently lacking in part of Virginia Beach. The proposed site layout and elevations provide confidence of a quality, attractive design that will enhance the Princess Anne Road corridor. Staff recommends approval of this request subject to the submitted proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the site design shall be substantially in accordance with the Plan titled "Preliminary Site Layout of TCC Select Service Hotel," dated May 14, 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 and Community Development. (hereinafter the "Site Plan"). Proffer 2: When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "Home Ho`cl New Build Exterior—Day View", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Building Renderings"). Proffer 3: When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "Conceptual Site Layout& Landscape Plan of TCC—Outparcels," dated May 16, 2018, prepared by MSA, P.C.,shall be submitted for review and approval. Proffer 4: When the Property is developed, the freestanding sign for each of the properties shall be substantially in accordance with the sign exhibit entitled "Freestanding Sign", dated June 19, 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 and Community Development. (hereinafter the "Sign Exhibit"). Said sign(s) shall be monument style, no taller than eight feet in height and shall have a brick base to match the building. Proffer 5: As will be depicted on the final Site Plan when the Property is developed, a new westbound left turn lane with the appropriate storage and taper lengths within Community College Place roadway will be constructed. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet Staff Comments: The submitted proffers provide confidence of a cohesive development with quality materials and design. 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 Princess Anne Hotel, LLC Agenda Item 15 Page 4 applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police 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 identifies this site as being located within Special Economic Growth Area (SEGA) 4- Princess Anne Commons in recognition of the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. Focus should be placed on providing locations for rural or campus-like development, participatory sports, entertainment venues, tourism, biomedical research and hospitality uses which can benefit from their proximity to campuses of Tidewater Community College and the Old Dominion University / Norfolk State University. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As previously stated, several small areas of isolated, non-tidal, emergent wetland areas are present on the site. The applicant is aware of the need fora Joint Permit Application (JPA). There do not appear to be any other significant cultural or natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34,940 Princess Anne Road 52,300 ADT 1 ADT 1(LOS°"C") 56,240 ADT (LOS 4 "D") Existing Land Use 2—3,575 ADT 13,140 ADT 1(LOS°"C") Proposed Land Use 3—2,077 ADT Community College Place No Data Available 20,700 ADT 1(LOS°"E") 1Average DailyTri ps las defined by 6.5 acres of 3 as defined by a 107 room hotel,101 4 LOS=Level of Service B-2 zoned property room hotel and a 5,200 square-foot restaurant Master Transportation Plan(MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes a divided, access controlled facility with bikeway within a 150-foot right-of-way. Public Utility Impacts Water These sites must connect to City water. There is an existing 24-inch City water transmission main along Princess Anne Road. A City water main may be extended from the transmission main for connection purposes provided hydraulic analysis supports the potential demand. Plans and bonds are required for construction extension of water system. Sewer City sewer is not available to the sites as proposed. Plans and bonds are required for constructing the extension of the sewer system. Princess Anne Hotel, LLC Agenda Item 15 Page 5 Proposed Site Layout `• Vri-..--Iri5 i U114 II N.a ��\ rPi i � a 4 ,, I ,-;•,;-",-„, \ , 1z: ?ail ill ° 6 oY: % � I :*> ♦9\ \ \ilt. to L1thili �O i e1� — :a(/' \ I ��Idl�\♦i \ \ t — \ \ i ,-,-, -- . \ ' .,,,, iip ill iA © ` \.,,, " . !:110A p'\ ;;. i_— \ o\ Q 1e o 110 j 1-___ ` X11 f gg 6 ! ! - \\ I< 7j / 1 \ s s •Y I I I I 11 r �*4 , \ O \ . 1 • x` 1'1 .4` ; II° \\ V-4. A ' a j O is fri -. _ \\ - ti -1 1 & a .; ._ r \I t...i_ •• kj11 p 04 `© \,\ LL e '_e \ <z !/ /! t x r : =1 '1'. k EY 0 ®/ !i :. I --/ o iL ��°' . ` ,� p .= \ �� §; II A N ZQ 1 C- • i z 1 Qm I ',$, .\\ 8 la uZ \ o H Princess Anne Hotel, LLC Agenda Item 15 Page 6 Proposed Landscape Exhibit r ss I 114 sa s rt .1 ZIR i ,- e•-• \ gclilflil ,„I „Eli ,. fl , \it., \. t‘. ` ! O L 0 7 �r//Q� 1 "y �'4�rrrr4, .1„,, G-. �V p 1 IlIlvl y \ Ilk 0 \\ t ilio , \ „1 , igi f41r," , ts,V. -- ilio! -V- \ \ V t. \\ li 11/ I ,, ---c: - -1„.._________________I,,,,- _.. \ \\-1‘ \ '' l'rt t ?.,, , \\ 1iiiii y« i to.... 3 1. Priv ® _t 1 '-'t ._ ii \ 11:-1- "t • i\ tK Ilt., ,,,,._,. __ _ ilo ...? N. ,'.,.‘. fv: ' k 4 t` I f / qy s } H [y '" .• - - 1 1 II th z‘..) . 't s'rb x •.-• v v w z ---,‘"‘"1:i. •yam - � 't',..:11.---- ,.'� -- :- �' ---=/ e_i x un III s HK5 d Princess Anne Hotel, LLC Agenda Item 15 Page 7 Proposed Rendering *Rendering revised after July 11, 2018 Planning Commission public hearing jI — i _ r 1 ,. i J o i, MINI rill, 12, t S}\ 7 F FT ; 7. T. ; .,-,=. } .... .-10-4:44 4 . '' 7.7- . . .,. ..- i Po."` "II: -,,.-, ..,i:, _ntrir riiimalirlir 717- _ L 1 1 N f : 11-11 ri ipir "VII ''', i = .1 . .._ . cu t k k t O G #rJ ., _ { ..".,,--1'7'_"4.'%., .a-:',. Princess Anne Hotel, LLC Agenda Item 15 Page 8 Proposed Freestanding Sign 7-9"(2362.2mm) ftanv ormudc(Sititei by HILTON -03 w m Y m50 ■▪■uMr.iu■ MSA, P.C . vii FREE STANDING SIGN ■■Ik '1u■ c,A&T L • `"' . FOR ■■■ri.'NP,■ TCC — OUTPARCELS ■■■�:'■■■ "`'�° i"'" ; ' ■■CMCJ■■ PROJ. NO.: 17185 DATE: 06/19/2018 SCALE NTS Princess Anne Hotel, LLC Agenda Item 15 Page 9 Onsite Wetland Exhibit y •., u 7T. RAT It .,, _ ,.---,-. --_--. -,,,,f-ii, -41tra,-,..,.. - --, ,y, ., ,-_, -- ,r, . 4111. IF w E -' , z •Cti OM1." 4_,,,„.` "',./:/_.,/,', z, irk A " ' ,4I ` � � / / # c r?;, ; } tg .a le ® �, •• t ft- * „.,,.. ..„. tel` ' i rr ,v � ti •• --.N. -' ''':;:..!:ilk‘::::; :1;;:i1P0 .1i: r Nib W.- ''' 4.4 4 Ilsir Legend •, Wetlands i ` ' r• u u e - .i z U_t'e i .� ,e.= I sta 1 e raD cs C! ir' m nSubject Property ; R :' „ss,.i-, _ ,'-e �. PROJECT TCC HOTEL DEVELOPMENT VIRGINIA BEACH,VIRGINIA FIGURE 5: Kimley>>>Horn CREATED BY E FOWLER SCALE 1 in=100 ft WETLAND DELINEATION DATE:1116/2018 KHA PROJECT NUMBER 116049053 Princess Anne Hotel, LLC Agenda Item 15 Page 10 Preliminary Stormwater Design itiA \ ...4. 1 P d 31F Li {.l SSL :L .. t_.' �j /y.Y.7i.i _ • .,. i ssY" t, i.1 1. tT4t • • I. • .fir . .•. . 1-: I? -I. ." ,, . • , f ,. :..- ,,,,,, ./...../..„,..„. .:_.,.,, I • 1 ..? • V .. f., , . . . , p-. � I • • I.I. . } t �;� _. .. . . .: 7. • ,....; .....• .. • \,, tii ill 4/ s• 1.( / :' �` -cam"" "4 1 I 1 . , .. • ... \� \ _ r11 • Q •\ r y`` • Princess Anne Hotel, LLC Agenda Item 15 Page 11 Site Photos 1111100 • fir! 2. ' ic' ',• •:_ .. ,.1.i'l''i,#' i: : '''''j,;,-,•'' , . . •,.. , -r-77'"*."'"' --..-' - 4r0.4"..'.1,..7.... ." - . --- -. : '.' '- - if Al , '.°-':4 1 t''1'...t.ale.•' ', ':,, ,,:ak:‘ '',.1. - ,7„,: .. •%.,.",;). .a.4.:.;‘,i 0 . .r: PO 's#ail 111v 0 , ,. -— - ---"'- '"to' . •:, !III- . - --,:'7 . • '..,.f -; 4Pr'r, .14 ,' .,'44-i -( ,.''! N` • ' '''''i it, , $ , ,. •4 r' . • . ', 0-144.f.i d,:74 i 4 .. — • , _ _ . . ... . . _. . _.„... . ._ . -_. -4iir ---' --- -- . . . Princess Anne Hotel, LLC Agenda Item 15 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Princess Anne Hotel, 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 e 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 disclosur,._ Page 1 of 7 Piann ng Commission,and City Counc'l meeting that po't- 0 APPLICANT NOTIFIED OF HEARING ® NO CHANCES AS OF 41Nlldt Wk. William Landfair REVISIONS SUBMITTED Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement Virginia Beach UCheck 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:Princess Anne Hotel, LLC If an LLC, list all member's names: Page S. Johnson, II 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) Harmony Hospitality, Inc. 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. 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: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 14 Disclosure Statement 11/4/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act. Va. Code §2.2-3101. 2 "Affiliated business entity relationship means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.- See State and Local Government Conflict of Interests Act. Va. Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ �/ Accounting and/or preparer of your tax return I I Architect/ Landscape Architect/ Sal Lemole I I Land Planner Contract Purchaser(if other than 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed rj purchaser of the subject property J (identify purchaser(s) and purchaser's service providers) nm Construction Contractors I I Engineers/Surveyors/Agents MSA, PC Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ❑ Legal Services Singer Davis Real Estate Brokers / Inl 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? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 16 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 meeti , or meeting of any public body or committee in connection with this App on. Page S. Johnson, II 5 i,k APPLICANTS SIGNATURE PRINT NAME DA Page 5 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 17 Disclosure Statement \fi3 OWNER Virginia Beach YES J NO SERVICE PROVIDER(use additional sheets if needed) f (� Accounting and/or preparer of I I I/\ your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than I l [7 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) nn Construction Contractors Engineers /Surveyors/Agents Kimley-Horn&MidAtlantic Surveying Financing (include current mortgage holders and lenders Xselected or being considered to provide financing for acquisition or construction of the property) ria 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 n an interest in the subject land or any proposed development j� 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? The current land owner of the subject parcels is the City of Virginia Beach Page 6 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 18 Disclosure Statement 1kB 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, • meeting of any public body or committee in connection with this A pIicati n. _ • David L. Hansen �•to PROrERTY•WN S SIGNATURE PRINT NAME DATE Page 7 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 Item#15 Princess Anne Hotel, LLC Conditional Rezoning Northeast Intersection of Princess Anne Road &Community College Place District-Centerville July 11,2018 CONSENT Ms. Rucinski: Alright, thank you. The next item on the consent agenda is item number fifteen, Princess Anne Hotel, LLC which is an application for conditional rezoning B-2 community business district to conditional B-4 Mixed Use on the property located at the northeast intersection of Princess Anne Road and Community College Place District Centerville. Mr. Royal: I am Randy Royal, I am representing this project. Ms. Rucinski: Are the conditions acceptable? Mr. Royal: They are. I would like to mention the building rendering has been swapped out with what the Staff has shown you so that will be what's moving forward formally. Ms. Rucinski: Okay, thank you. The chairman has asked Commissioner Ron Ripley to read that into the record. Mr. Ripley: This is a rezoning of a property from B-2 to B-4 Mixed Use and it's on a 6.46 acre parcel and the city has been interested in having it developed as a hotel for some time. It's right at the entrance to Tidewater Community College and it has been proposed to be developed with 5,200 square-foot restaurant, freestanding and two 120 unit hotels and you saw the elevation up there with Hampton Inn. There is adequate parking laid out. It is something again the City has been looking for. We understand that the applicant and the City will work together some times in the future on hotel management, maybe some courses offered within the Community College and so that's a really nice twist to it. There is no one opposing this that we know of,it's been something that's been looked to for quite some time and we thought that it should be on the Consent Agenda and was recommended by Staff for approval, so we placed it on the consent. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE 1 WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 2 4 G�i;�%BAc�Li ►f - - ` s CITY OF VIRGINIA BEACH i, INTER-OFFICE CORRESPONDENCE rsS ='r OF OUR NAt\OH In Reply Refer To Our File No. DF-10079 DATE: April 4, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson �0 DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Hotel, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 16, 2019. I have reviewed the subject proffer agreement, dated June 20, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE (ALEXANDER W.STILES-VSB#41934) EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3)AND 58.1-811(C)(5) AGREEMENT THIS AGREEMENT is made this 20th day of June, 2018, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantor" and "Grantee") and PRINCESS ANNE HOTEL, LLC, a Virginia limited liability company (also a"Grantor" or"PA Hotel") . WITNESSETH: WHEREAS, the Grantee is the current owner of a certain property located in the Centerville District of the City of Virginia Beach, containing approximately two (2) parcels of land approximately 6.41 acres, which parcels are designated as Parcel 1 and Parcel 2 on Exhibit A attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and GPIN: 14853494140000 14854421540000 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 Properties from B-2 Community Business District, to Conditional B-4 Mixed Use; and WHEREAS, the Grantee intends that the Property will ultimately be sold to PA Hotel and PA Hotel joins this Agreement for the sole purpose of evidencing its agreement to the terms and conditions proffered; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 14853494140000, 14854421540000 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; and 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, the site design shall be substantially in accordance with the Plan titled "Preliminary Site Layout of TCC Select Service Hotel," dated May 14, 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 and Community Development. (hereinafter the "Site Plan"). 2. When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "New Building Exterior- Day View", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Building Renderings"). 3. When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "Conceptual Site Layout & Landscape Plan of TCC - Outparcels," dated May 16, 2018, prepared by MSA, P.C., shall be submitted for review and approval. 4. When the Property is developed, the freestanding sign for each of the properties shall be substantially in accordance with the sign exhibit entitled "Freestanding Sign", dated June 19, 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 and Community Development. (hereinafter the "Sign Exhibit"). Said sign(s) shall be monument style, no taller than eight feet in height and shall have a brick base to match the building. 5. As will be depicted on the final Site Plan when the Property is developed, a new westbound left turn lane with the appropriate storage and taper lengths within Community College Place roadway will be constructed. 2 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. Grantor PA Hotel joins this Agreement as a potential contract purchaser solely for the purpose of evidencing its agreement with the terms and conditions herein proffered. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR and GRANTEE: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: .1111% Name: 1A..) tb t—, k-1%.Rt _a7 Title: C.L 0•Nt grate lty er Ch COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this � day of U1 City v�ta�-act r Y \ 20 1E) , by Dcx' ct L. Hansen , who is ersonally known to me ..d c«4:r cats - ici,v},_ ifrt.t.4,c-Lell wu_ TA--{ RT'PUBLIC , My Commission Expires: ,2 r - My Registration Number: b3-7 /�`'�Z��'Z Jennifer A ne commonwealth Of Virginia rundler-Notary Public Commission No. 7037167 My Commission Expires V/2-072- Z 4 GRANTOR: PRINCESS ANNE HOTEL, LLC PRINCESS ANNE HOTEL, LLC, a Virginia limited liability company Name: Pao e 6. 34, Title: r/y� COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 20 day of jun& , 20 , by POT. S. jo\nhson , , who is personally known to me or has produced as identification. Ill�.t�c c� C \,),(:)ubtfit10-1 N ARY PUBLIC My Commission Expires: 3 -3 i- zo My Registration Number: 2.30 4l Z. �"ollumini ,��''i A. ARV. • '%7• PUB _REG.# 72 • MY COMMISSION 10 EXPIRES • .+LO• 31 '�� y�EA OFv��``` ilZi onimmit000 5 EXHIBIT A Legal Description Parcel 1 (GPIN: 1485-34-9414): ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "AREA 2: 170,213 SQ. FT. OR 3.90755 AC.", as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. BY THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262 VIRGINIA BEACH, VIRGINIA", Scale: 1' = 100', dated July 23, 2004, prepared by the Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 200408170129811, reference to which is made for a more particular description. Parcel 2 (GP1N: 1485-44-2154): ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "AREA 3: 108,861 SQ. FT. OR 2.49910 AC.", as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. BY THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262 VIRGINIA BEACH, VIRGINIA", Scale: 1' = 100', dated July 23, 2004, prepared by the Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 200408170129811, reference to which is made for a more particular description. 6 11 1 i t I • .-.' .------ .„.\ I 1 , I 111______ N .....,.......__ •%,, i s ---- ... 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' . , • /72k ,,'.9111 .1.1 r-W f° " 1,'' cf,1.,.......),- CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: EMMANUEL PROTESTANT EPISCOPAL CHURCH [Applicant & Property Owner] Modification of Conditions (Child Care Education Center within a Religoius Use) for theproperty located at 5181 Singleton Way (GPINs 1466687935, 1466780944), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: April 16, 2019 • Background: In January 2000, Emmanuel Protestant Episcopal Church received a Conditional Use Permit for a church expansion for a preschool. A condition of the approval limited the hours of operation of the school from 9:00 a.m. to 12:00 p.m. In 2018, the church completed construction on a new activity room and now desires to expand the hours of operation for the preschool from 7:00 a.m. to 6:00 p.m., Monday through Friday. Therefore, the applicant is requesting to modify the condition regarding the hours of operation to allow an extended-day program. There will be no increase in the current maximum enrollment of 20 students. • Considerations: The proposed request to modify the hours is recommended for approval by both the Staff and the Planning Commisison. The request will provide extended educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts on nearby uses and properties. The existing church facility and parking lot can accommodate the requested changes without any further alterations. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. ■ Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The conditions of the 2000 Conditional Use Permit (Church expansion for private school) shall remain in effect except to delete the portion of Condition 3 which states that the hours of operation of the school shall be from 9:00 a.m. to 12:00 noon. 2. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office Emmanuel Protestant Episcopal Church Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentT City Manager. Applicant & Owner Emmanuel Protestant Episcopal Church Agenda Item Public Hearing March 13, 2019 elk)/13 City Council Election District Kempsville 2 Virginia Beach Request Modification of Conditions (Child Care I `""�,. I ( Education Center within a Religious Use) r z s �} :I\ 1 I 1 t'. VI s'� c°i $ S i p( 401 dos 'i e* E F a 5 # y0. ` 1 as $ 0 Staff Recommendation # 3 tr- P°�'"�� 3 =�"`+� :� ,, Approval 0,,,,,,,' q y kh S ✓tcn WI, 34 "6 °*4'Yr ,17' "�0 """"'w Mwd F ' - woods LdI Road r%a's Staff Planner a"" Jonathan Sanders < 3 '\K C"4."o,,,,, L A. Location ��,�o„M = r 5181 Singleton Way F1 € '''\ GPINs 1 I., ra"Irldewr.,,,,d 3 1466687935, 1466780944 �',,•„.,, 1 Site Size ^".o. ” 5.28 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District r.( �" .v,.v. t, If 2 - ,.Church & school/0-2 Office, R-7.5 Residential "v t s ,•, f I ' (Historic Kempsville Area Overlay District) r ; ,'��`,. ”'il t. 3 Surrounding Land Uses and Zoning Districts PA- ., North - �K''' • - Singleton Way s 4 ti Church/R-10 Residential, B-2 Community '- Business (Historic Kempsville Area Overlay District) `-, South &West `' - . '� F.- tri i 4 Princess Anne Road .., Apartments/ B 4K Historic Kempsville Area4. , Mixed Use (Historic Kempsville Area Overlay M ' * „ • - District) -• East Vacant/ B-4K Historic Kempsville Area Mixed Use (Historic Kempsville Area Overlay District) Emmanuel Protestant Episcopal Church Agenda Item 2 Page 1 Background and Summary of Proposal • In January 2000, Emmanuel Protestant Episcopal Church received a Conditional Use Permit for a church expansion for a preschool. A condition of the approval limited the hours of operation of the school from 9:00 a.m. to 12:00 p.m. • In 2018,the church completed construction on a new activity room and now desires to expand the hours of operation for the preschool from 7:00 a.m. to 6:00 p.m., Monday through Friday. Therefore, the applicant is requesting to modify the condition to allow them to also have an extended-day program. The half-day program will continue. • It is anticipated that the school will enroll a maximum of 20 students from their existing half-day program into the extended-day program. The extended-day staff will likely include two staff members as well as a church building manager or a custodian. �� z.,a t e'2 / /7Zoning History 'R-1D �a i7-1K # Request 1 CUP(Church Expansion -private school)Approved _ _�� 01/11/2000 I. 2 CUP(Drive-Through Associated with a Drugstore) V — '` ! Approved 10/21/2014 4K 1.. a REZ(B-2(HK), R-7.5(HK)to B-4K(HK))Approved t % Fi7�5, •ts�K B 08/27/2013 4 /i. BC- 3 CUP(Church)Approved 12/11/2001 c e^ 4 CUP(Multi-family dwellings)Approved 04/10/2012 REZ(R-7.5(HK), 0-2(HK), B-1A(HK)to B-4K(HK)) 9-4K 4 • A.,ca.a,„o Roa,, Approved 04/10/2012 R-1\ 5 REZ(B-2(HK)to B-4K(HK))Approved 08/27/2013 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant's request to modify the hours for the Child Care Education Center within the existing church is consistent with the Comprehensive Plan's land use goals for the Suburban Area. This request will provide additional educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts on nearby uses and properties. The site has a large fenced-in playground for the kids to play outdoors. The existing church facility and parking lot can accommodate the requested changes without any further alterations. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Emmanuel Protestant Episcopal Church Agenda Item 2 Page 2 2000 Conditional Use Permit - Conditions 1. Property adjacent to Princess Anne Road will be dedicated to the City of Virginia Beach for the construction of a right-turn lane consistent with Capital Improvement Program (FY 1999-2000) Project 2-007-000 Princess Anne Road/Kempsville Road Right Turn Lane. 2. Street frontage landscaping meeting the requirements of Section 5A.5 of the Site Plan Ordinance shall be provided along Princess Anne Road. 3. The hours of operation of the school shall be 9:00 A.M. to 12:00 Noon. The maximum number of children enrolled in the school shall be 100. 4. The design of the building shall substantially conform to the submitted rendering entitled "New Addition Phase- Emmanuel Episcopal Church,Virginia Beach, Virginia", by the Barnes Design Center. 5. The proposed improvements to the site and the location of the proposed building shall substantially conform to the submitted site plan, entitled "Preliminary Site Plan of Emmanuel Episcopal Church Expansion", by Engineering Services, Inc.,dated November 5, 1999. 6. The "New Sidewalk"system shown on the submitted site plan shall be extended to connect to the existing sidewalk system in front of the existing church building and to the public sidewalk system along Princess Anne Road. Recommended Conditions 1. The conditions of the 2000 Conditional Use Permit (Church expansion for private school) shall remain in effect except to delete the portion of Condition 3 which states that the hours of operation of the school shall be from 9:00 a.m. to 12:00 noon. 2. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. Comprehensive Plan Recommendations This site is located in Suburban Focus Area 3 - Historic Kempsville Area. The City Council adopted the Historic Kempsville Area Master Plan in 2006. The Plan outlines the methods needed to implement land use, environmental,transportation and design improvements to accomplish the desired revitalization of this area. The Plan recommends that development adhere to the vision and goals cited, especially as they relate to the protection of adjoining stable neighborhoods. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant environmental resources present. The property is located in the Historic Kempsville Area Overlay District. Emmanuel Protestant Episcopal Church Agenda Item 2 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6Singleton Way No data available ,200 ADT i(LOS a C ) Proposed Land Use 2-82 ADT 9 9,900 ADT (LOS "E") 'Average Daily Trips 2 as defined by the addition 3 LOS=Level of Service of 20 student all day preschool Public Utility Impacts Water&Sewer The site is currently connected to both City water and sanitary sewer service. Emmanuel Protestant Episcopal Church Agenda Item 2 Page 4 Site Layout R . * t '1 2 a Sing witj �._ # 1 j..� .. 71 �..� ' llk• N pr'oreSS �._ 1 y _si 4 Emmanuel Protestant Episcopal Church Agenda Item 2 Page 5 Site Photos .„, vii .-. ....--,.‘.... , ,,, -Ir.! _ _ \ r 7 • k.,.. -___,.. . .. -._ .. .,.i.it. h :. . lx,..., . , ,,,,,,,i,:. , , 101,, , ,v _ ::. , ...0 ,,ii „s3.. ‘ . , , . , ) ',,,. �aathti , • - a 'c_� i.. -N,' t` ;n¢ .t ` '. f /, r`, \. i ti • _ --` .a mss' 7 _.- .^T _ J. \ ....-.., v, i ,,ir ,,,...... _ .... . " . VIS,r. / „,,,' \k f-u-' ....vT ,1 ":. ,, , ' fir_.I 4. s� .„11� = --- LOQ _H }'., } . ' - -1;44_ . I ,.. Iii ■y` ,Il .1' w I � „... 1 -" --I. '-'. 41141Nil , 1 .-, '''''..", ''-'' qF .ti Ti VIS► _ `� y. Y } ....... ...----'-7,-., Emmanuel Protestant Episcopal Church Agenda Item 2 Page 6 Disclosure Statement 113 Virginia Beach APPLICANT'S NAME Emmanuel Protestant Episcopal Church DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning J 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 USF ON 1 Y Page 1 of 7 Planning Cnn APPI ICANI NV 1 IFIED Of NEARING, NO CHANCE S AS OF DATE 4/5/24,1 9 J S Jonathan Sanders REVISIONS SUBMITTED DATE Emmanuel Protestant Episcopal Church Agenda Item 2 Page 7 Disclosure Statement \113 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:Emmanuel Protestant Episc. Ch 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) William G. O'Connor; R. R. Larmore, Jr; H. H. H. Clark (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 4 6 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. EI 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 Emmanuel Protestant Episcopal Church Agenda Item 2 Page 8 Disclosure Statement 11k)B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 Affiliated business entity relationship- means "a relationship. other than parent-subsidiary relationship- that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SE PERATELY Page 3 of 7 Emmanuel Protestant Episcopal Church Agenda Item 2 Page 9 Disclosure Statement APPLICANT Virginias Reach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of your tax return ❑ 111 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 IXpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) U X Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current Towne Bank • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) riLegal Services Real Estate Brokers / • n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES 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 Emmanuel Protestant Episcopal Church Agenda Item 2 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. William O'Connor. Trustee �,C/,r 1� II PROPERTY OWNER'S SIGNATURE PRINT NAME DATE /, (, - -,/ i.2 L' �x IIj4i/c ui 1,1vv f �e 4n'O 2�f��e 7P ?c',re afic/ F Emmanuel Protestant Episcopal Church Agenda Item 2 Page 11 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. Emmanuel Protestant Episcopal Church Agenda Item 2 Page 12 Item#2 Emmanuel Protestant Episcopal Church Modification of Conditions (Child Care Education Center within a Religious Use) 5181 Singleton Way District- Kempsville March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you Commissioner Redmond. The second item on the consent agenda is item number two. Emmanuel Protestant Episcopal Church is an application for a modification of conditions for a Child Care Education Center within a Religious Use on property located at 5181 Singleton Way in the Kempsville District. Is there a representative here for that matter? Okay. Are there any objections to being placed on the consent agenda? Okay, hearing none, the chair has asked Commissioner Jack Wall to read this into the record. Mr. Wall: Thank you. In January 2000, Emmanuel Protestant Episcopal Church received a Conditional Use Permit for Church Expansion for a Preschool. A condition of the approval limited the hours of operation from 9 a.m. to 12 p.m. In 2018, the church completed construction on a new activity room and now desires to expand the hours of operation for the preschool from 7 a.m. to 6 p.m., Monday through Friday. Therefore, the applicant is requesting to modify the condition to allow them to also have an extended day program. The half day program will continue. It is anticipated the school will enroll a maximum of 20 students from their existing half-day program into the extended day program. Extended day staff will likely include two staff members as well as church building manager or custodian. Staff recommends approval and we placed this item on consent agenda. Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. Ms. Smith: I'm sorry, after your motion, I want to make a clarification. Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the 1 request is limited to the craft brewery in the open-air market. So I think that there was on that sheet that you're working from up there that did not have that removed and I saw that. Ms. Oliver: I wondered about that,but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed Towne Bank is their lender and since Towne Bank is listed as the lender on the application, I need to disclose that I'm a member of the Towne Bank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply as advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning Towne Bank, I'm in Towne Bank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE _ RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT 2 CONDITIONS 1. The conditions of the 2000 Conditional Use Permit(Church expansion for private school) shall remain in effect except to delete the portion of Condition 3 which states that the hours of operation of the school shall be from 9:00 a.m. to 12:00 noon. 2. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 3 I , • I '\..- I 1 i ..., . / D • 4 ....., , ; i ..../ 7.,„ ..›._.... ....:,... ..„.. ..., js ___ . . . 1 ///,,........:. t... \----"-."--4--- r ..... '-, ., ..., ".... 1 , ) t.,. ...\IIiiiiiii- -,,, 1.....-.1------= "*"71-' 14 I i ....--- Ilk 1 ..1` — • /I CN t/e!" .-. ,,,,,,..:•123 ' Or ' t! x,r-''''' , 4.:4' 11 t I„-.9'''''''':-." s 6.6• -. ,.,.c.—.. ..' ' 14> —7/. 4 •e• 40 C, A 13 :, • • 111111N10 7:1%.3 li • 1:;- `,...%e h d. ..... SoAt iNk -„, Illk in Nook I licarII INI s . . ' ..:. .,. • f;::..... ..0 111111411111 6441. • — '' 4051441 ? IV L171 71 js1 < -'� ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORTH LANDING BEACH RV RESORT & COTTAGES — VIRGINIA BEACH, LLC [Applicant & Property Owner] Modification of Conditions (Campground to Add Two Community Piers) on the property located at 161 Princess Anne Road (GPIN 2317412793), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 16, 2019 • Background: The Conditional Use Permit permitting the 306-site campground was originally approved by the City Council in 1971 . A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005, resulting in an overall reduction in camp sites to 202, and again in 2015 to allow for minor expansion of amenities and maintenance buildings when the campground was purchased by the current owner. The applicant is proposing to construct two community piers, one at each end of the recreational beach. In order to accomplish this, a modification to the Conditional Use Permit is required. • Considerations: The request for a Modification of Conditions to allow two community piers is acceptable by both the Staff and the Planning Commission. Since the campground was purchased by the applicant in 2015, numerous upgrades and renovations have been completed, transitioning the campground into a high quality, top-rated RV resort. The proposed pier on the northern end of the beach was approved by the Wetlands Board in December 2018 as part of a plan to address a violation created by a previous owner and remedy existing shoreline erosion. The pier on the southern end of the beach has not yet been considered by the Wetlands Board, but will be reviewed in a subsequent application for additional shoreline stabilization improvements. A condition is recommended that approval be obtained from the Wetlands Board prior to the issuance of a building permit. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. North Landing Beach RV Resort & Cottages —Virginia Beach, LLC Page 2 of 3 1 . All conditions attached to the Conditional Use Permit granted by the City Council on October 6, 2015 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services — VB, LLC, Proposed Improvements," prepared by KLO & Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering — Craft & Game Ctr.," "Renderings — Recreations Ctr.," both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. North Landing Beach RV Resort & Cottages —Virginia Beach, LLC Page 3of3 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10.The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. 11.Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12.Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 13.Adjacent and parallel to the area depicted as "Scout Area" on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14.The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentR9') City Manager. _iii Applicant & Property Owner North Landing Beach RV Resort & Agenda Item Cottages — Virginia Beach, LLC Public Hearing March 13, 2019 4 City Council Election District Princess Anne Virginia Beach Request Would,Rood Rood Modification of Conditions (Campground to add two community piers) aubb,laldmv Rood Staff Recommendation Approval Staff Planner Whitney McNamara Location =o 161 Princess Anne Road " w GPIN 2317412793 Site Size 96.03 acres 1 AICUZ -o'. Less than 65 dB DNL Watershed ti "` ' Southern Rivers Existing Land Use and Zoning District Campground/AG-1 Agricultural, AG-2 Agricultural ---� Surrounding Land Uses and Zoning Districts North Forested /AG-1 Agricultural, AG-2 Agricultural South Single family dwellings, cultivated fields/AG-1 Agricultural, AG-2 Agricultural East Princess Anne Road Borrow pit/AG-1 Agricultural, AG-2 Agricultural West North Landing River North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The Conditional Use Permit permitting the 306-site campground was originally approved by the City Council in 1971. • A Floodplain Variance and a modification to the Conditional Use Permit were approved in 2005 to allow for six one-room cabins, nine permanent campers and associated fill material.The result was an overall reduction of the number of recreational vehicle sites to 202. • A modification to the Conditional Use Permit was again approved in 2015 when the campground was purchased by the current owner for the addition of an indoor recreation building, a crafts and games building, a refuse enclosure, a scout camping area, a beach monitor structure, and two maintenance/storage buildings. • Since the campground was purchased in 2015, numerous upgrades and renovations have been completed, transitioning the campground into a high quality, top-rated RV resort.To continue to expand on the amenities offered, and to address the need to remove gabion (wire) baskets that were placed along the north end of the beach by a previous owner without permits, the applicant is proposing to construct two community piers, one at each end of the recreational beach. -... -2 7' Zoning History V / # Request 4� 1. MOD(Campground)Approved 10/6/2015 i�; MOD(Campground); FVR(5B)Approved 11/08/2005 �t I REZ ç3r5kREZ /1974 titli CUP(Campground)Approved 11/08/1971 2. MOD(Borrow Pit)Approved 2/14/2006 IIICUP(Borrow Pit)Approved 11/08/2000 .� , CUP(Borrow Pit)Approved 12/18/1999 -.0111 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 request for a modification to the existing Conditional Use Permit to allow two community piers is acceptable.The proposed pier on the northern end of the beach was approved by the Wetlands Board in December 2018 as part of a plan to address a violation created by a previous owner and to remedy existing shoreline erosion.The pier on the southern end of the beach has not yet been considered by the Wetlands Board. In conversations with the applicant's agent,this pier will be reviewed by the Wetlands Board in a subsequent application for additional shoreline North Landing Beach RV Resort & Cottages-Virginia Beach, LLC Agenda Item 4 Page 2 stabilization improvements. Staff is comfortable moving forward without Wetlands Board approval as a condition is recommended below that approval be obtained prior to the issuance of a building permit. Since purchasing the campground in 2015, the applicant has significantly improved and renovated the campground to make it one of the top rated campgrounds in the country.The proposed piers will add additional recreational amenities to attract visitors to Virginia Beach and offer further opportunities for enjoyment of the city's unique natural resources. Staff recommends approval of this requested modification, as conditioned below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 6, 2015 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road,Virginia Beach,VA for RV Management Services—VB, LLC, Proposed Improvements," prepared by KLO&Associates, dated July 1, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 & L-02," prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.All other planting and screening requirements shall be met,as per City requirements. 4. When the building and improvements are constructed and installed,they shall be in substantial conformance with the exhibits entitled, "Rendering—Craft&Game Ctr.," "Renderings—Recreations Ctr.," both prepared by Ionic Delign Studio,the photographs entitled, "Maintenance Storage Buildings," "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above,shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings,the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 4 Page 3 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50- foot Southern Rivers buffer,the Special Flood Hazard Area,tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval,for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state,and local agencies. 13. Adjacent and parallel to the area depicted as"Scout Area" on the exhibit referenced in Condition#2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14. The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Rural Area.The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border.The physical character of this area is low,flat land with wide floodplains and wind driven tides.Within this area is a significant presence of working farms,farm related businesses, and limited non-residential areas along with scattered housing sites.The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.As the property is located next to the North Landing River,a 50-foot buffer is required.While the proposed piers are located in the 50-foot buffer,they meet the requirements of the Southern Rivers Watershed Management Ordinance as a water dependent structure. Approximately 70 acres of the property is classified as Floodplains Subject to Special Restrictions. While the proposed community piers are proposed within the Special Flood Hazard Area,they are part of a larger shoreline stabilization project and,therefore, do not require a variance. Several areas on site exist as"created floodplain" due to mitigation requirements attached to the 2005 modification to the Conditional Use Permit approval. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-Unknown Princess Anne Road 3,806 ADT 1 7,400 ADT 1(LOS°"C") ADT 12,000 ADT 1(LOS 4"D") Proposed Land Use 3—No change anticipated ADT North Landing Beach RV Resort& Cottages—Virginia Beach, LLC Agenda Item 4 Page 4 'Average Daily Trips 2 as defined by 96-acre campground 3 as defined by 96-acre campground 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a two-lane undivided rural highway.The existing infrastructure currently resides in a 70-foot and variable width right-of-way.The MTP proposes a two-lane facility within a 70 foot right-of-way.There are no roadway CIP projects slated for this area. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 Page 5 Proposed Site Layout wy0yyyw 91-11?VA 4.13Y31 YIU�JNIA 11rwlru. ww=• OTOS 9NN7 S1;17NI134 ISI y 1,111�SIIOI1flloS 3115 AV'S 3IiV3tIVS3H� 31-1 H3V39 V1NIJtIIA-S30Vi10� C 4 18043'8 A}1 H3Y99 ONIONV1 H180N '' . N U W Qr Wf ' ILI 03i- Ce 0O o z u ;- WQpatl - - O Sy L d ,4' W -itt. l X11*`^ w. 4.1, . ..- skt„,,,„,_-:,: ,.,_ . , .1 ,. .... -r -,- .- _,, ,,..s.. - - _ ':- \ IR s 1 ♦ a .. •At. S,‘ r 4igir \ ' i • € fl" .4414' rte', _ , . i' ' i f i\ • Ii! 4. Lys a. ! ';: h r ,- ,t: .4.,....-•,,,,•-,,,-,...:t s ;1` 'Igta r y , , � Z North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 Page 6 Site Photos 4 x r , at r I" f. �.�/ r�Z c �- �• ilii '~ _ -_- _ a. :AP ' 6?2612018 North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 Page 7 Disclosure Statement \i/B. APPLICANT'S NAME North Landing Beach RV Resort&Cottages- Virginia Beach 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 Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eats Certificate of 1 Floodplain Variance Appropriateness I Street Closure (Historic Review Board) 1 Franchise Agreement — Chesapeake Bay 1 Preservation Area I Lease of City Property Subdivision Variance Board __ _- _--- Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, .— SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 FOR CITY USE ONLY/Ail disclosures must be updated two 12)weeks prior to any Plannin Commission and Cit.Council meetin that.ertains to the a.,lication(s) 0 APPLICANT NOTIFIED OF HEARING DATE: gf 1 NO CHANGES AS OF DATE LI-g-a0\q won Win;-tmAS YY1cv-{e- ❑ 1 REVISIONS SUBMITTED DATE: North Landing Beach RV Resort & Cottages-Virginia Beach, LLC Agenda Item 4 Page 8 Disclosure Statement <`NI Virginia Beaeh • 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: North Landing Beach RV Resort &Cottages-Virginia Beach LLC If an LLC, list all member's names: Managing Member: RV Management Services -VB, LLC: Philip Moreau, Managing/Sole Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY.OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names Page 2 of 7 North Landing Beach RV Resort &Cottages—Virginia Beach, LLC Agenda Item 4 Page 9 Disclosure Statement \AB 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 beerated 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 North Landing Beach RV Resort& Cottages—Virginia Beach, LLC Agenda Item 4 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 7 Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 17 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZConstruction Contractors X I I Engineers/Surveyors/Agents Waterfront Consulting,Inc. Financing(include current Union Bank&Trust �\/I [1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® El Legal Servkes Sykes,Bourdon,Ahern&Levy,P.0 Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the — sub'ect 'ro.e `Chesapeake Bay Site Solutions,Inc. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have n 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 North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 Page 11 Disclosure Statement 'NB Vlrgiaia Bre h CERT1FlCAT1ON; I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 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 i meeting, or meeting of any public body or committee in connection with this Application. �— !North Landing Beach RV Resort&cottages- 1 Philip Moreau,Mg.Member Fri flc r P113J'NAME � � Szz. -- __ - t ATE fz^^ 5 Of 7 North Landing Beach RV Resort & Cottages—Virginia Beach, LLC Agenda Item 4 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 approvals 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. North Landing Beach RV Resort&Cottages—Virginia Beach, LLC Agenda Item 4 Page 13 Item#4 North Landing Beach RV Modification of Conditions (Add Two Community Piers) 161 Princess Anne Road District—Princess Anne March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Alright, thank you Commissioner Inman. The next item on the agenda is item number four, North Landing Beach RV Resort & Cottages Virginia Beach, LLC, an application for modification of conditions on property located at 161 Princess Anne Road in the Princess Anne District. Mr. Bourdon: Thank you Madam Secretary. Excuse me. Madam Chair, members of the Commission for the record Eddie Bourdon, Virginia Beach attorney representing the applicant Mr. Phil Morrow whose companies own and operate the resort is here with us this afternoon. We appreciate being on the consent agenda. All 14 conditions are acceptable to us. Mr. Morrow wanted me to let you all know that there's been no one from the campground that has trespassed on the adjacent property and tipped any cows and none have been reported, not by any boy scouts and also appreciate the work of Whitney McNamara did on this application. Thank you. Ms. Rucinski: Thank you. Is there anyone here opposed to this application being placed on the consent agenda? Okay, hearing none, the chair has asked Commissioner Steve Barnes to read this into the record. Mr. Barnes: Thank you, ma'am. This conditional use permit was originally proposed or accepted by the council in 1971 and over the years it's had many numerous upgrades and renovations and been completed and approved by the council and this request for modification of the existing conditional use permit to allow two community peers is acceptable. The proposed peers on the north end of the beach was approved by the Wetlands Board in December 2018 as part of the plan to address a violation created by a previous owner and to remedy existing shoreline erosion. The pier on the southern end of the beach has not yet been considered by the Wetlands Board. In conversations with the applicant's agent, this pier will be reviewed by the Wetlands Board in a subsequent application for additional shoreline stabilization improvements and the staff is comfortable with moving forward without Wetlands approval as a condition is recommended below that the approval be obtained prior to the issuance of the building permit. Since purchasing the campground in 2015, the applicant has significantly improved and renovated the campground to make it one of the top rated campgrounds in the country. The proposed piers will add additional recreation amenities to attract visitors to the city to the Virginia Beach and offer further opportunities for 1 enjoyment of the city's unique natural resources. There's no opposition that we know, so we put it on the consent agenda. Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. Ms. Smith : I'm sorry, after your motion, I want to make a clarification. Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the request is limited to the craft brewery in the open-air market. So I think that there was on that sheet that you're working from up there that did not have that removed and I saw that. Ms. Oliver: I wondered about that, but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed TowneBank is their lender and since TowneBank is listed as the lender on the application, I need to disclose that I'm a member of the TowneBank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply as advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning TowneBank, I'm in TowneBank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. 2 Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 6, 2015 are deleted and are replaced with the conditions listed below. 2. The site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road,Virginia Beach,VA for RV Management Services — VB, LLC, Proposed Improvements,"prepared by KLO &Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 &L-02,"prepared by RV Management Services, dated June 28, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the building and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering—Craft&Game Ctr.," "Renderings— Recreations Ctr.,"both prepared by Ionic DeZign Studio, the photographs entitled, "Maintenance Storage Buildings,""Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall 3 be depicted on the final site plan. All plant species shall be approved by the DSC Landscape Architect. 6. All park model trailers shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm or wind tide flooding. Evidence of such licensing shall be maintained by the campground and submitted to the Planning Department upon request. 7. The beach monitor shack, as depicted on the exhibit identified in Condition 2 above, shall be a non-permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on or adjacent to the maintenance buildings' access doors so as to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required fire and safety codes, per City ordinances and site plan review. 10. The pool spa plans shall be submitted to and approved by the Virginia Beach Health Department prior to the issuance of a building permit. 11. Any recreational vehicles stored on the site year-round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval, for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 13. Adjacent and parallel to the area depicted as "Scout Area" on the exhibit referenced in Condition#2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final site plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 14. The proposed pier at the Southern end of the beach shall be approved by the Wetlands Board prior to the issuance of a building permit. 4 ,.. ‘ Woon'', % 40 \ •,,,, . k . _-,----..___,-----e--- ,, ) - , • •--_,. ‘...„'' \ \ , % I \ \ .,, _____\ \ \ < \I\ % \ ..,, i, \ \\\3. \ % ko . . < c \ \i • .11 N.. ___ I , Ce \:, ...---------------- . 74.6\ , , iI II Ilik Ca.,..----‘-_____• \ li el 0°' \ II III 1ill ' Ili I iii % \ -- ''''''''....11,. I Nolib.11‘ " I SOL% d 0 . ._ II. .----••-, li ,.....--, -•••\ „....s.; .i. , • % ii • 1 \' \ \ 11. --"--'-..--'-----'-*-1\ \ - ' CO Il I'.1A-• \ ti II i 1 l t 1 .....-- NI .... --...----"-`‘ ....5'.--% --..-.'A -^".r."'"'-'\ \ \ \ \ C.\ ---), 't I S- --, r. ..-....------.J. -NC; 1--\„, •----% \, \ \,... lit 11 r" .--- ----) \ 1..-----.. ,--- 't "--,------_-\ r•sz• . II.. oa 0 a ,P--,-, 11111-11-- \------ '-%' i ' f I 4"•".. • e-----1 (--\ ,..-------% ri) .,) ,___,, ........2 . 11, PII6 i 65 (.......si. \•••_"..-----., • il3 I-- ( , I i 1 t" to ,......; a C Nft _ '42 i= 0 .(.)' 1 - (TI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B & W TATTOOING, LLC [Applicant] CAPITAL FINANCE, INC [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 172 South Plaza Trail, Suite F (GPIN 1487826823), COUNCIL DISTRICT— BEACH. MEETING DATE: April 16, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center at the northeast corner of South Plaza Trail and Daytona Drive. According to the application, the 2,000 square-foot tattoo studio will employ up to eight people. The typical hours of operation proposed are 12:00 p.m. — 9:00 p.m., Monday through Saturday. A new sign with channel letters is proposed above the main entrance, similar to other signs in the retail center. • Considerations: In Staff's view, and Planning Commission concurred, the proposed request is an acceptable use given that the land use will be compatible with the other existing commercial businesses along this section of South Plaza Trail. Other than signage, no other changes are proposed to the building. As per Zoning Ordinance requirements, this tattoo parlor is not within 600 feet of another tattoo parlor or body piercing establishment. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. B & W Tattooing, LLC Page 2 of 2 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • •ency: Planning DepartmentR.97 City Manager: Lr�i1 Applicant B & W Tattooing, LLC Agenda Item Property Owner Capital Finance, Inc. Public Hearing March 13, 2019 3 r„„ i City Council Election District Beach Virginia Beach Request ,,; •...cb`°,'d of, ler"--1 Conditional Use Permit (Tattoo Parlor) t. vtaR �` Wy«" Staff Recommendation Approval n 144 M<ydti are t)D `f< Staff Planner 5 K, s°'," `f, Bill Landfair qr Dave ,. L tl ri:... W a.ne street COO— ^J< bC o Location Mary Street 4 , Ota< ,z, 172 South Plaza Trail,Suite F the to we. a,`" GPIN 1487826823 € sae Site Size E a 1.57 acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Ve — , ‘ 1 " , li-,,-.14‘..ra.:,itia Existing Land Use and Zoning District �L . \- '' Retail/B-2 Community Business 1 r=.,_ < 1 ,1 ,, . v Surrounding Land Uses and Zoning Districts North , *-4, Ie Daytona Drive ,,�.< 6i, Iii Retail, multi-family dwellings/ B-2 Community � Business,A-36 Apartment % ;• ••- ` *-I . South \ ` ,�.A q`' Auto sales, repair& rental; church/ B-2 4 <� CommunityBusiness or 4, 1 `. East N ,�• * ;t • 4 Multi-family dwellings/A-18 Apartment = - -.Ai .: ,Y t.11- - Ire•*.'". 1 West . < < South Plaza Trail ti. ` i" . '' s; dwellings/R-7.5 Residential 4. ' .Mr: i� ,fi,,,,,,-_- Single-family B&W Tattooing, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center at the northeast corner of South Plaza Trail and Daytona Drive. • According to the application,the 2,000 square-foot tattoo studio will employ up to eight people. • The typical hours of operation proposed are 12:00 p.m.—9:00 p.m., Monday through Saturday. • Similar to other signs in the retail center, a sign with channel letters is proposed above the main entrance. • With the exception of the new signage, no other changes are proposed to the exterior of the building. Utz ''T \ \ - c \ A-1s \� \ -2 A 36 �\ /1 \ A-18 \ \_____.--c---;# _ v- Zoning History # Request \ R.7.3 It r 1 CUP(Bulk Storage,Auto Repair,Truck Rental) Approved R 7 �// A-1a \ 03/13/2012 :/e:/ \ ` 2 CUP(Church)Approved 05/12/2009 1- _ . . 2\ 1 \ '\. 3 CUP(Church)Approved 06/12/2009 R-r/.5 \ Cawn«raarea , ) �" - 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 the Conditional Use Permit for a Tattoo Parlor is, in Staffs opinion, acceptable given that the land use will be compatible with the other existing commercial businesses along this section of South Plaza Trail. 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. B&W Tattooing, LLC Agenda Item 3 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Rosemont Strategic Growth Area (SGA).The long-term vision for the Rosemont SGA calls for the transition from strip commercial uses to mixed-use, mixed-income development that emphasizes townhouses and multi-family residential; creation of a new neighborhood center; improvement in pedestrian and trail facilities; and integration of well-designed and high quality workforce housing into mixed-use development. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed with a shopping center. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 9,949 ADT 1 13,600 ADT 1(LOS2 "C") No change anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. B & W Tattooing, LLC Agenda Item 3 Page 3 Site Layout - 4 Daytona Drive Rea:. , N ( r, CZ g to Magi ,• ri S _ .EE Unit I : :1 ir.----,....—..] B &W Tattooing, LLC Agenda Item 3 Page 4 Proposed Building Sign Concept TATTOOS a PIFMguOS I. I _ _ I � - c kg* B &W Tattooing, LLC Agenda Item 3 Page 5 Site Photos _ Advance Auto L#Parts --------AL- - Ilk i ta. t • , , _ liminiiiiii ,' i a -� Y t '",r--r,, 3 N.&• 1y `'fi r '4A``'t N it ,, a'y ,. �(y .. p . �. a'.+W........ Irv..-._,..�.... it 1' ;:f.`ts1 a� `y,J x$• 1,• a� _ -,,, - "`"x-..,: B &W Tattooing, LLC Agenda Item 3 Page 6 Disclosure Statement 1VB Virginia Beach APPLICANT'S NAME B &WTattooing, 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 Page 1 of 7 NOT IF IED OF HEARING I AS or qic)i(q 4R.L William Landfair n nivISiC,NS SUBMITTED I B & W Tattooing, LLC Agenda Item 3 Page 7 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. r Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: B &W Tattooing, LLC If an LLC, list all member's names: Wesley Boyd, Brandon Weilecher, Antonio Almazan 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 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Capital Finance, Inc. If an LLC, list the member's names:Ben Mahgerefteh, Shahpor Mahgerefteh, Michael Mahgerefteh Page 2 of 7 B&W Tattooing, 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) (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 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 SE PERATELY Page 3 of 7 B &W Tattooing, LLC Agenda Item 3 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ iv- Accounting and/or preparer of your tax return 1-1 ❑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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I z Construction Contractors fn Engineers/Surveyors/Agents Financing (include current !n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Harvey Lindsay Commercial Real Agents/Realtors for current and Estate, LLC anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 B &W Tattooing, LLC Agenda Item 3 Page 10 Disclosure Statement VB Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been' scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA! meeting, or meeting of any public body or committee in connection with this Application. fki ,¢-ITavId A. A-4 79 y /-:2_,j PPUCANT'S SIGNATURE -' -- PRINT NAME DATE Page 5 of 7 B &W Tattooing, LLC Agenda Item 3 Page 11 Disclosure Statement OWNER Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) ❑ V V Accounting and/or preparer of your tax return IXArchitect/ Landscape Architect/ IX �� Land Planner Contract Purchaser(if other than Igthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 1-1 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElI I Construction Contractors IEngineers /Surveyors/ Agents Financing (include current ixmortgage holders and lenders I"\ selected or being considered to provide financing for acquisition or construction of the property) 1-1 ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 B &W Tattooing, LLC Agenda Item 3 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: 'I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Q ( _ 6eh ///Ak?ee L,^ :e.,,Mari9ewiiQli `�' MI12% PROPERTY NER'S S1GNA URE PRINT NAME D A G MV uk s °‘/ -/4fq Mr4t145 67 456r o vv)— Atta,V 744 Sa(1`��xwrr �{ fs4C-le -Fr 4?t C�i4 1 LLC. Page 7 of 7 B &W Tattooing, LLC Agenda Item 3 Page 13 Disclosure Statement MEMO TO: VIRGINIA BEACH PLANNING DEPARTMENT FROM: GREGORY D.PAPADOPOULOS,CPM SENIOR VICE PRESIDENT PROPERTY MANAGER HARVEY LINDSAY COMMERCIAL REAL ESTATE REGISTERED AGENTS FOR CAPITAL FINANCE,INC. DATE: FEBRUARY 13,2019 RE: WESLEY BOYD 172 SOUTH PLAZA TRAIL,UNIT E,F VIRGINIA BEACH,VA 23452 DBA SUPREME STYLES,INC. The following is regarding your inquiry as to who the members of Capital Finance are: 1. The President is Shahpor Mahgerefteh.The Vice President is Michael Mahgerefteh. 2. Michael, LLC. is the landlord's company which has been set up as an LLC to perform maintenance on the properties owned by Capital Finance,Inc. 3. This letter serves as notice that Harvey Lindsay Commercial Real Estate is the registered agent for Capital Finance, Inc., Ben Mahgerefteh, and that Greg Papadopoulos is the assigned agent/property manager of four properties owned by Ben Mahgerefteh. If you need to verify this information,please contact Ben Mahgerefteh at#757-615-8383. If you need to contact me,I can be reached at#757-640-9473. Thank you for your anticipated cooperation in this matter. B &W Tattooing, LLC Agenda Item 3 Page 14 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 approvals allowed by this application 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. B &W Tattooing, LLC Agenda Item 3 Page 15 Item#3 B & W Tattooing, LLC Capital Finance, Inc. Conditional Use Permit (Tattoo Parlor) 172 South Plaza Trail, Suite F District- Beach March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you Commissioner Wall. The next item on the agenda is item number three, B&W tattooing, LLC, which is an application for conditional use permit for a tattoo parlor on property located at 172 South Plaza Trail, suite F in the Beach District. Is there a representative here for this application? When you come to the podium, can you state your name for the record? Mr. Boyd: Good afternoon. Wesley Boyd. Ms. Rucinski: Okay. And are the conditions acceptable? Mr. Boyd: Yes. Ms. Rucinski: Alright. Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the chair has asked Commissioner Mike Inman to read this into the record. Mr. Inman: Thank you Jan. This is a conditional use permit application for a tattoo parlor within an existing shopping center at the southeastern corner of South Plaza Trail in Daytona Drive. It is a 2,000 square foot facility which will employ up to eight people with operating hours from noon to 9 pm Monday through Saturday. Other than signage, there'll be no other changes to the exterior of the building. The proposed use is considered acceptable in the opinion of staff because it is compatible with other existing commercial businesses along the section of South Plaza trail. Prior to operating on the site, applicant must obtain a business license and health department must verify the business meets all the requirements of the city code. For these reasons we decided to put it on the consent agenda. Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. Ms. Smith: I'm sorry, after your motion, I want to make a clarification. Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? 1 Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the request is limited to the craft brewery in the open-air market. So I think that there was on that sheet that you're working from up there that did not have that removed and I saw that. Ms. Oliver: I wondered about that,but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed TowneBank is their lender and since TowneBank is listed as the lender on the application, I need to disclose that I'm a member of the TowneBank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply as advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning TowneBank, I'm in TowneBank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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. 3 Al T.,...,.,,,..,,, -I 1 i IMO i / '"--„,:l',)). _it,j (---„,,.,,,, ------_ -----__ --,„.,1 -'‘.- gt , > --„. rN.„,„.74., . t 4. r,<r0�.ti:�7 t•1 `cam:,.s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORFOLK VIRGINIA BEACH AIRPORT, INC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for vacant property located on the west side of Miller Store Road (GPIN 1459725907), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: April 16, 2019 • Background: The existing 6.35 acre wooded site is zoned I-1 Light Industrial and located within the Airport Industrial Park. The applicant is requesting a Conditional Use Permit for a proposed bulk storage yard for the storage of containers, boats, RVs, and tractor trailers. The property is located immediately adjacent to the Norfolk International Airport, which is within the City of Norfolk. The Norfolk Airport Authority has reviewed the proposed use and has no opposition to the request. Considerations: In Staff's view, the proposed application for a bulk storage yard is acceptable, as this industrially-zoned parcel is located within the Airport Industrial Park, which is an ideal location for this use. Other than engineered gravel paving, fencing, and evergreen screening planted around the perimeter of the storage area, no improvements are proposed for the property. The applicant's representative has noted that use is likely temporary in nature. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the proposed site layout entitled, "Conceptual Site Layout & Landscape Plan of Bulk Storage Yard, Miller Store Road, Virginia Beach Virginia," dated 12/14/2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. Neither the six-foot solid fence nor the storage of any materials or vehicles shall occur within any public utility easements on the site. Norfolk Virginia Beach Airport, Inc. Page 2 of 2 3. Storage containers shall not be stacked. 4. No hazardous materials shall be stored on the site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant and Owner Norfolk Virginia Beach Airport, Inc.Nifi3 Agenda Item Public Hearing March 13, 2019 City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) a Staff Recommendation e 1/4 N4° Approval a day. p� k v g .t Staff Planner Jonathan Sanders r I retmArm-. Y Location Vacant parcel on the west side of Miller Store Road +,,d GPIN �i t 1459725907 `„, e Site Size 6.35 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Woods/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts � :.e,,v,,w; North k 1 ,. ' ; Industrial warehouse/ I-1 Light Industrial µ-` . SouthA. « Norfolk Airport/1-1 Light Industrial ,•-'/. ' ; East ,� - Mem a Miller Store Road f Industrial/ 1-1 Light Industrial • 4.• :' - West L.j Cal ,, Q, Norfolk International Airport Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 1 Background and Summary of Proposal • The existing 6.35-acre wooded site is zoned I-1 Light Industrial and located within the Airport Industrial Park. The applicant is requesting to develop the property with a gravel bulk storage yard for the storage of containers, boats, RVs, and tractor trailers. As such, a Conditional Use Permit for a Bulk Storage Yard is requested, as it is required for this use. • To the west of the site is the Norfolk International Airport located within the City of Norfolk. The Norfolk Airport Authority has reviewed the proposed use and has no opposition. • The concept plan depicts the required Category VI screening, which includes a six-foot solid fence and a six-foot wide area planted with evergreen shrubs to be installed around the perimeter of the storage area. No buildings are proposed on this site. A gate with a keypad/lock access will allow entry into the storage yard. • There is an existing 20-foot wide utility easement along the northern property line which cannot be used for the storage of vehicles or materials. Based on this,this area will serve as a buffer between this use and the adjacent office/warehouse building to the north. • The applicant is aware that the vehicular ingress/egress for the property must be designed in accordance with the City's industrial entrance geometrics design guidelines. j14l 1. ThurstonAYany. Zoning History 1 # Request �. , 1 CUP(Motor Vehicle Repair Garage)Approved 1 `fit. . 07/07/2015 2 CUP(Bulk Storage& Building Contractor's Yard) `A ',,, '. f __ I 1-1 Approved 01/14/1997 r �, 2 ,? / Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion,the proposed request for a bulk storage yard is acceptable as this industrially-zoned parcel is located within the Airport Industrial Park,which is an ideal location for this use. The site is bordered to the west by the Norfolk International Airport and industrially zoned properties to the east and north. The use is consistent with the recommendations of the Burton Station SGA Plan,which specifically identifies outdoor and indoor storage as a compatible use provided that adequate screening is installed. For these reasons,Staff recommends approval of the request, subject to the following conditions. Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 2 Recommended Conditions 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the proposed site layout entitled, "Conceptual Site Layout& Landscape Plan of Bulk Storage Yard, Miller Store Road, Virginia Beach Virginia," dated 12/14/2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. Neither the six-foot solid fence nor the storage of any materials or vehicles shall occur within any public utility easements on the site. 3. Storage containers shall not be stacked. 4. No hazardous materials shall be stored on the site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Burton Station Strategic Growth Area (SGA). The master plan was updated in November 2018 to address changes over the past decade within the SGA. This site is designated as light industrial/flexible office on the land use plan. Land uses sought for this area are recommended to be compatible with the adjacent airport as well as with commercial and residential uses found in the SGA.Typical uses include any combination of office, indoor or properly screened outdoor storage, and distribution or manufacturing that does not generate excess noise or emissions. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT (LOS°"C") Existing Land Use 2-483 ADT Miller Store Road No Data Available 11,100 ADT 1(LOS°"E") Proposed Land Use 3-483 ADT 1 Average Daily Trips 2 as defined by 6.35 acres 3 as defined by 6.35 acres zoned 1-1 of a 4 LOS=Level of Service zoned 1-1 bulk storage yard Public Utility Impacts Water & Sewer City water and sanitary sewer service is available. Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 3 Proposed Site Layout _ (- Z€ C1 ^-�.t..■ ter" s 1. ithat , � n i 11.7. .� •t CCYT'f'f i tl • A __ 1 , . , i tilli, lit;1 i•, ',. 'i5, - ... . ... . 44,., •. itA _,,,,,..... , -ti. iti'lg v ilk 11 i a i al11:1I IWrK tit :r, \ v.if , \ i ; el,-..-1,;?;,.. I it { u a. a r -„///rte• ,,l�f $ s i 4 Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 4 Site Photos • .,,iiIP'41111.1 -7-- " ,=•-•-" .. - • .,.' tt, - , • , ';'t.-C-...'--,., - - - , Ai -,‘ %,t, '' ;' ' '':;4'41'f . ' . . .", 1 • ',tN,7'-'..'•-, , . . , '\.• ••.,. t, ---• ,.t " ',I.i,..„t..:' ' ._.„... . u,.. ,,,. ep.4. . . ,. . 7 .,..., , . .,, ..,....„=:„.. .....„ __ •..e6.:; 110,---,,,,; 1,4.1% : , ,,, -:,., t.'4,7. 't.111 ,,- - ''t'-• "70° -tk .,' 'It • ---, - . . • -. _... , '- -‘?4!"-`4......-..--Am.--,.. • - '14'''''', 4 4 •.- - ..t.--t• . w• - .4, St .,... .. ... --, ;-. , ._ : ,. —..,- . , .,,- , .. . .._• ,, ,, -,.. .._ - , , .. ...,- ,. . 0 ** 4 $ ' • A ' . 44' ' • ..--= ''', f• a• 4. \ ' ' 1 • :4-- -' ‘‘\.(c ''' i I I 1 7-,,,t,,,Ak, ib,A tfo,,,A, vv., • 1 • ••• Pt t ''''''' . • ! . r'' • Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 5 — - — - - - - - — Disclosure Statement Virginia Beach APPLICANT'S NAME Norfolk Virginia Beach Airport, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for 1 (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 oe updated ti,00(2)weeks prior to any j Page 1 of 7 Rennin,Commission and Cit.Council mcetrn that L..ertains to the application(s). • APPLICANT NOTIFIED OF HEARING DA1 L: NO CHANGES AS OF DATE: 413/20A tiS Jonathan Sanders ▪ REVISIONS SUBMITTED DAZE Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 6 Disclosure Statement Virginia Beach 111 Check here if the APPLICANT_1S_NOT a corporation, partnership, firm, business,or other unincorporated organization. l^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Norfolk Virginia Beach Airport, Inc. If an LLC, list all member's names: Cheryl McLeskey William A. Wilcox 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 attached. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from.Applicant. - Check here if the PROPERTY OWNER ISNOT 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 2of7 Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (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 Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 ( PROVIDER(useeeded)additional sheets if 1 nI (� ❑1 Accounting and/or preparer of your tax return IXI Architect/Landscape Architect/ MSA,PC(Planner&LA) Land Planner Contract Purchaser(if other than ® the Applicant)- 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) nlel Construction Contractors nn Engineers/Surveyors/Agents MSA,PC Financing(Include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ g Agents/Realtors for current and tt �� 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 Reach 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 Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 9 Disclosure Statement ' NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. _ 1......A6.6.20? 11,44 Pim NAME DTE Page 5 of 7 Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 10 Disclosure Statement McLeskey&Associates,LLC Entities(Companies) col! name 01 Cheryl P.McLeskey-personnel 02 WASHINGTON SQUARE TOWNHOUSES,LLC 03 Bel-Aire LLC 04 Virginia Beach Fishing Center LLC 05 FWM RESIDENTIAL RENTAL PROPERTIES,LLC 08 2869 VBB,LLC 07 09 Elizabeth City Development Company LLC 11 Elizabeth City Airport Industrial Park,Inc. 12 LDSM Properties LLC 13 14 16 Mortons Baye LLC 17 J&W Investors,LLC 18 RADCUFFE TOWNHOUSES,LLC 19 Cepco LLC 20 COLONY PINES APARTMENTS,LLC 21 Coastal Investors LLC 23 26 27 Norfolk-Virginia Beach Airport LLC 29 2648 VBB,LLC 30 Lynnhaven Shopping Center,LLC(dba MarketSquare)-Div.20 31 Satellite A-Division 21 of Co.30(all included in Co.30) 32 Satellite B-Division 22 of Co.30 33 Riverwalk LLC 35 NEWTOWN CONVENIENCE CENTER,LLC 36 38 Front Street Investors LLC 40 MGM Associates 41 Furberfax LLC 42 Terri-Fic Company 43 46 Lotsaiisa LLC 49 52 53 AIR TACO,LLC 54 103,LLC 63 CPM Properties LLC 84 VBFC PROPERTIES,LLC 85 BAYLINER BUILDING,LLC 87 LITTLE NECK COMMERCIAL PROPERTY,LLC 88 90 McLeskey&Associates,LLC 91 SHORE DRIVE AREA PROPERTIES LLC 92 LYNNHAVEN AREA PROPERTIES,LLC 93 LITTLE CREEK ROAD PROPERTIES,LLC 94 RUDEE HEIGHTS PROPERTIES,LLC 73 F.Wayne McLeskey,Jr.,QTIP Marital Trust 74 FWM Memorial Marlin Open Inc. 75 The McLeskey Family Foundation,Inc. Regency Hilltop Associates,LLP 55 Croupier LLC C\Users\cindy\Documents\Cinoy excet\Cornpany listing\Listi • • • 2016.xlsxCompan Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 11 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. Norfolk Virginia Beach Airport, Inc. Agenda Item 1 Page 12 Item#1 Norfolk Virginia Beach Airport, Inc. Conditional Use Permit (Bulk Storage Yard) Vacant Parcel on Miller Store Road District—Bayside March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Oliver: Great. The next order of business we will address those that have been placed on the consent agenda and the vice chair will handle this portion of the agenda today. Ms. Rucinski: Thank you Madam Chair, this afternoon we have six items on the consent agenda. The first item is matter number one, and that is from Norfolk Virginia Beach Airport, Inc. is an application for Conditional Use Permit Bulk Storage Yard on a vacant parcel on Miller Store road in the Bayside District. Do we have a representative for that application, and if you would come forward and state your name for the record? Mr. Lahy: Good afternoon, Nathan Lahy, MSA, representing the applicant. We've been through the conditions. We don't have any concerns with those. We agree with everything. Ms. Rucinski: And the conditions are acceptable? Mr. Lahy: They are acceptable. Ms. Rucinski: Alright, thank you. Is there any opposition to this matter being placed on the consent agenda? Okay, hearing none, the chair has asked Commissioner Dave Redmond to read this into the record. Mr. Redmond: Thank you Ms. Rucinski. This is an application for a Conditional Use Permit for a Bulk Storage Yard on a 6.35 acre land parcel in Airport Industrial Park. The parcel is zoned I-1 Light Industrial and it would be on a gravel base within this land parcel. The site includes category VI landscape screening, a solid fence, appropriate security with a gate and keypad entry, the staff believes it's an appropriate use of this property. There is no opposition and so the Planning Commission confers and places it on consent, thank you. Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. 1 Ms. Smith: I'm sorry, after your motion, I want to make a clarification. Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the request is limited to the craft brewery in the open-air market. So I think that there was on that sheet that you're working from up there, that did not have that removed and I saw that. Ms. Oliver: I wondered about that, but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed Towne Bank is their lender and since Towne Bank is listed as the lender on the application, I need to disclose that I'm a member of the Towne Bank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply as advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning Towne Bank, I'm in Towne Bank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the proposed site layout entitled, "Conceptual Site Layout& Landscape Plan of Bulk Storage Yard, Miller Store Road, Virginia Beach Virginia,"dated 12/14/2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. Neither the six-foot solid fence nor the storage of any materials or vehicles shall occur within any public utility easements on the site. 3. Storage containers shall not be stacked. 4. No hazardous materials shall be stored on the site. 3 *ea -_ Irft 'I 5 tior I OW 1:00 vriliiii 7 i I I' ,I ar i MIMI MI 6> II MI 0 •MI 10 g w ..= 4k,„ 1a. im 111114:1‘..1 .1111411:: ase,41 ,111,11** , ..,• r ... „,. I-, ...--- . ,...--------.. All 4.. •• ....* 1:7?\..,.. ...,,, .„. 1.11 At 4k2, ,.. 0 So& , v-.. 11 .7044, -• •.. ._. ( ---,•,, -,, ...............„_. ...., 7 ----. --., "e'..---- 7-.--------- 1 , ,u 6fyHZ !' z (u 'S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B & L INVESTMENT GROUP, LLC [Applicant and Property Owner] Conditional Use Permit (Motor Vehicle Sales) on property located at 202 S. Newtown Road (GPIN 1457837535), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: April 16, 2019 • Background: The site is developed with a one-story building constructed in 1979 that was previously a convenience store, and is now vacant. The Conditional Use Permit request is for Motor Vehicle Sales and will allow the display of up to 28 cars adjacent to Newtown Road in the existing parking lot. Staff has confirmed that this number of cars can be displayed in the area designated on the concept plan which is attached. No auto repair is proposed onsite, and a condition is recommended specifically prohibiting this use. As required by the Zoning Ordinance, plant material will be installed in the display area and streetscape plantings will be provided along Newtown Road. As a 20- foot wide drainage and utility easement exists along the southern property line where no plant material is permitted, the applicant intends to install a six-foot tall solid fence in lieu of the required Category IV buffer. No changes to the building are proposed other than a single non-illuminated building mounted sign above the entryway. A monument style sign is also proposed at the intersection of Newtown Road and Arrowhead Drive, and a condition is recommended limiting its height to six feet. • Considerations: The request for a Conditional Use Permit for Motor Vehicle Sales is acceptable. While the site is located in the Newtown Strategic Growth Area (SGA) and motor vehicle sales is not consistent with the ulitimate vision set forth in the SGA Plan, Staff views this use as transitional in nature and recommends a condition limiting its duration. The recommended conditions were crafted to address upgrades to the aesthetics of the property and to bring the site more into compliance with current requirements. The City of Norfolk submitted a letter expressing concerns about the nature of the use and its proximity to the Tide light rail station and that the auto-centric use does not align with Norfolk's transit oriented development vision. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. B & L Investment Group, LLC Page 2 of 3 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . As the use is not specifically consistent with the vision of the Newtown Strategic Growth Area Plan, the Conditional Use Permit shall be limited to 10 years from the date of City Council approval. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan found on page six of this report entitled, "Conditional Land Use Exhibit Car Dealership, 202 South Newtown Road Virginia Beach, VA, Prepared by Synerton Engineering, dated February 9, 2019, Sheet 1 of 2," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the proposed future expansion (display area/building additions) depicted on the concept plan identified in Condition 1 , a Modification of Conditions shall be required. 4. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. The parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include, but not be limited to, screening and buffering, display area landscaping, and streetscape plantings as referenced in the Staff report and as depicted on the concept plan referenced in Condition 2 above. 7. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 9. There shall be no auto repair or service on the site. B & L Investment Group, LLC Page 3 of 3 10.There shall be no outside audio speakers for any purpose. 11.AII signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 12.The building sign mounted on the front of the structure shall not be a "box sign" and shall be non-illuminated and in substantial conformance with the exhibit depicted on page seven of the Staff report. No additional building signage shall be permitted. 13.Any freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on page seven of this report, with the exception that the sign shall be no taller than six feet in height measured from the ground to the top of the sign. 14.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 15.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. No window signage shall be permitted. 16.All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Parking Exhibit Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department--F97? City Manager: Applicant & Property Owner B & L Investment Group, LLC Agenda Item Public Hearing March 13, 2019 City Council Election District Kempsville 5 nit/of Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales) 6 j. Staff Recommendation P,,,,ch SPUM•rn 6a,1•wm Approval S4 ,.„...,0 ` a.-..auon. _ Staff Planner Bill LandfairEs** Location mo*n, N 3 sc "• 202 S. Newtown Road i cd`"`'''' s .s e Vi ., GPIN c¢ r.4raw.Rwn °^ru,N¢,�y� 1457837535 i tN"Pehann¢ Nona Site Size °'°A,P4'CP Ex 31,516 square feet �` AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District • _,. , ' ,,_: , "":- _ ` Church/ B-2 Community Business k---ii,ligicA ' SurroundingLand Uses and ZoningDistricts . " _ % �.� North ft. A -a „ P y n e.Arrowhead Drive " w I ,' #,{ Convenience store/ B-2 Community Business •'41 ' , South .. . f . c t o9 `ct(.1 L1 rF4 Newtown Arch r Multi-family dwellings/A-18 Apartment •• r East e.. 44 Office warehouse/ 1-1 Light Industrial A: rpt;` . a West ;:� - �_ -. tia' d Newtown Road `f { 1 P r ' ,SI O -7,_ •+ru, City of Norfolk t �, } ,�, < k Single-family dwellings/Single Family 6 :° .P •" Suburban B & L Investment Group, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales on this B-2 Community Business District property. The site is developed with a one-story building constructed in 1979 that was previously a convenience store. Adjacent properties are zoned both Industrial (Arrowhead Industrial Park) and Apartment Districts (Mayfair Apartments).To the west, across Newtown Road, are single-family dwellings that are located in the City of Norfolk. • The application indicates the desire to display up to 28 cars adjacent to Newtown Road in the existing parking lot. No auto repair is proposed onsite, and a condition is recommended prohibiting that activity, to ensure that this more intense use is not permitted adjacent to residential and apartment uses. • As required by the Zoning Ordinance, plant material is required to be installed in the display area. Also, streetscape plantings along Newtown Road are also required. Additional details on the particular species and the locations of this plant material will be finalized during final site plan review and will be subject to the approval of the Development Services Center Landscape Architect. • The applicant is seeking a deviation to the Category IV screening (plant material) along the southern property line, which is required when a Business Districts abuts a Residential or Apartment District. In lieu of the plant material, the applicant intends to install a six-foot tall solid fence. This deviation is deemed appropriate due to the existence of a 20-foot wide drainage and utility easement that prohibits the installation of plant material. • The 10 parking spaces onsite meet the parking requirement for a motor vehicle sales operation. The requirement is three spaces. • No changes to the building are proposed other than a single non-illuminated building-mounted sign above the entryway with red channel letters. A condition is recommended that would limit any additional signage on the building. • The concept plan depicts a proposed freestanding sign located near the intersection of Newtown Road and Arrowhead Drive. As shown in the submitted elevation, this eight-foot tall sign will be a monument-style with a brick base. As required by the Zoning Ordinance, it can be no larger than 32 square feet per face. Staff recommends a condition that limits the height of the sign to no taller than six feet to assist with the aesthetics of the site. • Typical hours of operation are proposed as 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that up to four employees will be on site during these hours. • The concept plan also depicts a future expansion of the display area of vehicles for sale and a building addition on the north side of the site; however, as the details of these future activities are not known, a modification to this Conditional Use Permit will be required prior to any expansion of the operation. B & L Investment Group, LLC Agenda Item 5 Page 2 l-,-'' It Arr.rfiwd 1 B'2 � Zoning History # Request ''/+ 1 REZ(I-1 to B-2)Approved 05/08/1978 "I' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for Motor Vehicle Sales is, in Staff's opinion, acceptable.The subject site is located in the Newtown Strategic Growth Area (SGA) and the requested use of a Motor Vehicle Sales is not consistent with the recommended uses of the Newtown SGA Plan. However, Staff is aware that the market may not be ready to support the uses that the Plan recommends.This property has been zoned B-2 Community Business since 1978 and, as such, this zoning allows uses by-right that have the potential to negatively impact adjacent residential uses. Examples of these uses include a 24-hour fast food restaurant, boat sales, a convenience store, a pharmacy, and other retail establishments. Moreover, these by-right uses do not provide the opportunity for conditions of approval that will improve site aesthetic upgrades, bringing the site more into compliance with current landscaping requirements and improve compatibility of uses. Furthermore, Staff views this as a transitional use and recommends a condition limiting its duration. Based on these considerations, Staff finds this to be an acceptable request subject to the conditions below. Recommended Conditions 1. As the use is not specifically consistent with the vision of the Newtown Strategic Growth Area Plan, the Conditional Use Permit shall be limited to 10 years from the date of City Council approval. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan found on page six of this report entitled, "Conditional Land Use Exhibit Car Dealership, 202 South Newtown Road Virginia Beach, VA, Prepared by Synerton Engineering, dated February 9, 2019, Sheet 1 of 2," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the proposed future expansion (display area/building additions) depicted on the concept plan identified in Condition 1, a Modification of Conditions shall be required. 4. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. B & L Investment Group, LLC Agenda Item 5 Page 3 5. The parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include, but not be limited to, screening and buffering, display area landscaping, and streetscape plantings as referenced in the Staff report and as depicted on the concept plan referenced in Condition 2 above. 7. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 9. There shall be no auto repair or service on the site. 10. There shall be no outside audio speakers for any purpose. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 12. The building sign mounted on the front of the structure shall not be a "box sign" and shall be non-illuminated and in substantial conformance with the exhibit depicted on page seven of the Staff report. No additional building signage shall be permitted. 13. Any freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on page seven of this report, with the exception that the sign shall be no taller than six feet in height measured from the ground to the top of the sign. 14. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 15. 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. No window signage shall be permitted. 16. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. Comprehensive Plan Recommendations This site is located in the Newtown Strategic Growth Area (SGA). The vision for SGAs include focusing the city's future residential and non-residential growth into these areas, and, as such, are planned for more intensive uses than most other areas of the city.The plan envisions this part of Newtown Road and Arrowhead Drive as an extension of adjacent residential streets to form new residential blocks and the construction of a mix of single-family attached and detached units. B & L Investment Group, LLC Agenda Item 5 Page 4 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. There does not appear to be any natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Newtown Road No Data Available Existing Land Use 1—24 ADT Proposed Land Use 2 50 ADT Arrowhead Drive No Data Available las defined by 2,400 square las defined by a Motor Vehicle Sales foot general office building use with four employees Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. B & L Investment Group, LLC Agenda Item 5 Page 5 Proposed Site Layout e_ NUS LIN I I 1111 ItS lki .1 A,,. nc=or 'q0 illtry....„ STREET FRONTAGE LANDSCAPING 1 iiiiiiii„,,,„. fN.CI RB 20 EASEMENT F• ` ` ' ►,,,A, �,, , l't -::�INGRESS EGRESS. 1 App„,,,,„,,,, ,... � ,DRAINAGE&UTILITIES �� •�, 1 ( B 85 I ) Vittrakear;Y:':FcAtbi`tv, � ` `, , oIGN 6 PLANTED AREA VAS i tilt ' IX ,,6,"4444tt , , , ,` (?5 SFSb �` SEE SHEET 2 FOR N >v�:.a:.-:, _ , DETAILS tlit I 1 ill CU CV I \ ivj I ` 11O R F ROFi rn Nil•♦..♦♦�...♦.�♦. Q ►. 4►�� X OFFICE ��_♦_.��I►��.�♦��.�` p LI'1' : �� ►��*�4 r . In 1— I 17' 40 / _'"_croc_o,,:T,.r__ r:.I.: PROPOSED 6 TALL ��r♦�r♦'.. i •- .FP�..R�i.' t co ALONG PRI OPERTY� I .N :: \✓,N�3 :::�:�:�♦�♦�.�.�♦�►�.�♦�:�:� � W �; ►444444444444444444 I,4444444444i►�4�4�4�4�4�4�4�� I ! 4�4=4=4=4=4444444 w; . 11 1 LANL):OV'L UL I LI 1 I V LL I D'.A/P)FTFr)WT-Fl JT.1RF FXPANAr.N IT .. L-185.63 S21°37 40 W B & L Investment Group, LLC Agenda Item 5 Page 6 Proposed Sign Elevations REPLACE.aucxI 18' ARp11fBCTLIYIL Bl�VGLt LLLLLL LLLLLLLL LLL. LLLLLLL LLLLLLLLLL LLLL_ _LLL!LLLLLLLLLLLLLLLL _ _t- le ' A�L} LLLLLLLLLLLLLLLLLL L I_ LL`LLLLLLLLLL LL-LLLL LLL L"t_ LLLLLLLLLLLLLLLLL LLLLLLLLLLLLLL s • LLLLLL LLLLLLLLLL..LLLLLLL LL._LLLLLLLLL'- .___ �I�� --I I`I•I•I'I1I BieBimBn■ NIMENON I t I I I 1 r ==1 SINIIIIMMOS [ I I I I I 1111111 1 1 1 1 1 1 111111111111111111 ...-. IIIIBIEBBPe ===■ �W' E106TNd _.. 11 V I I I 111 111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8'-SCOOP 1111111 2 IIII 1111111111111 _. IIIIIIII111111 '1I 1111 t11111111r' 1 I 1111 ' 1111 11 11 1 1 1 1 1 I 1 I 1 1 i1I[I[III[III1I1I1I1111 1 1 1 1 1 1 1 1 1 1 I I I I 1 I 1 I 1 1 1 1 1 1 I I 1 1 1 1 1 1 1I , n I ) I 1 ] I_.1 I 1.1J"' ._ _-- 11 _ I1 II- 1I II II If 1l I1 I1 11 I EMS/11.0 IN*POPO,Stu. ALL BACK PMNTE BLASE on. 57' FRONT ELEVATION SCALE:1'.4. �. 8' A G 7' 8' SPECIALIZING IN FINANCING ALL BRICK PAINTED � - SLATE GRAY 1 - I I I-I I I-I I-I -I I -I -III-III—I I H -111-111-111-111-ill IIIHIII HIIIHi11 � � �I IHiIII� �III� �III SIGN SCALE: 1' = 4" B & L Investment Group, LLC Agenda Item 5 Page 7 Site Photos ii tea• I ''R - r1114 IL--1 _l _ --- __ ......1.....4..-_—: - �- ""moo-. tea - =. • • R. N• _2__Itiar._ r..______ : lc, e+-a • `E ____ __._.•,e1ljrblli1-- •r, e ia .,"W .sw' M p ., , I I **- I I B & L Investment Group, LLC Agenda Item 5 Page 8 Disclosure Statement • NIA3 Virginia Beach APPLICANT'S NAME B & L Investment 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 drscloswes mutt u upuated n^.o t t.:ce:.:G"=t to Page 1 of 7 C;m,r,is51Qn and C.ty Ccu c i rneetina that nertatr s APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF I 44 `t , ' (i WU/ William Landfair REVISIONS SUBMITTED DATE B & L Investment Group, LLC Agenda Item 5 Page 9 Disclosure Statement Virginia Beach • El 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:B& L Investment Group, LLC If an LLC, list all member's names: Jason M. Loizou;Andreas E. Loizou;Adam Beck 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 • 6 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. 111 Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 B& L Investment Group, LLC Agenda Item 5 Page 10 Disclosure Statement fi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) 1 ist 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 parentsubsidiary 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 Prop_ery. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPI ICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SLPLRAILLY Page 3 of 7 B & L Investment Group, LLC Agenda Item 5 Page 11 Disclosure Statement "\B APPLICANT Virginia Beach l YES j I NO SERVICE ] PROVIDER(use additional sheets if needed) I 1 (1 Accounting and/or preparer of ��II your tax return nLJ Architect/Landscape Architect/ u Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser 1 and purchaser's service providers Any other pending or proposed ❑ 171 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I X Construction Contractors UEngineers/Surveyors/Agents Christos A.Damalas,P.E. Financing (include current ILI mortgage holders and lenders LTJ selected or being considered to provide financing for acquisition or construction of the property) ISI Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / 'r4 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 B & L Investment Group, LLC Agenda Item 5 Page 12 Disclosure Statement l a� . Beacd 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 Applicati.. B&L InvIr.Group,LLC Jason Loizou, Member 10/31/10 By: _ APPLICANT' PP.P.RE PRINT NAME DATE Page 5 of 7 B & L Investment Group, LLC Agenda Item 5 Page 13 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 approvals allowed by this application 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. B& L Investment Group, LLC Agenda Item 5 Page 14 Item#5 B&L Investment Conditional Use Permit (Motor Vehicle Sales) 202 S Newtown Road District—Kempsville March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you Commissioner Barnes. The next item on the consent agenda is item number five, which is B & L Investment Group LLC, which is an application of a conditional use permit motor vehicle sales on property located at 202 South New Town Road in the Kempsville District. Mr. Bourdon: Thank you madam secretary, Madam Chair, members of the commission again Eddie Bourdon, Virginia Beach attorney representing B & L Investment Group LLC on this application. We again appreciate being on the consent agenda, all 16 conditions including the lowering of the sign to six feet and the limitation because it is a transitional or holding pattern use are all acceptable to my client, I appreciate the efforts of both Mr. Landfair and Robert Davis on this application. Ms. Rucinski: Thank you. Is there anyone here in opposition of this application being placed on the consent agenda? Okay, hearing none, the chair has asked Commissioner Ron Ripley to read this into the record. Mr. Ripley: As it was read, this is a conditional use permit for motor vehicle sales at this location, and it's a 31,516 square foot corner location on the corner of Newtown Road in Arrowhead Drive. It's an existing building that was built in 1979 and the applicant wishes to use it for this motor vehicle sales, displaying about 28 cars. There's some additional landscaping being provided, the usual conditions, except it doesn't allow for any kind of cars that are disabled to be parked, lighting or noise and those types of things have been mitigated by those conditions. There's limitations on the hours of operations, staff believed it was appropriate to approve, this planning commission considered it and we recommend it for consent. Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. Ms. Smith: I'm sorry, after your motion, I want to make a clarification. 1 Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the request is limited to the craft brewery in the open-air market. So I think that there was on that sheet that you're working from up there that did not have that removed and I saw that. Ms. Oliver: I wondered about that,but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed TowneBank is their lender and since TowneBank is listed as the lender on the application, I need to disclose that I'm a member of the TowneBank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply as advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning TowneBank, I'm in TowneBank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE _ RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. As the use is not specifically consistent with the vision of the Newtown Strategic Growth Area Plan, the Conditional Use Permit shall be limited to 10 years from the date of City Council approval. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan found on page six of this report entitled, "Conditional Land Use Exhibit Car Dealership, 202 South Newtown Road Virginia Beach, VA, Prepared by Synerton Engineering, dated February 9, 2019, Sheet 1 of 2," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the proposed future expansion(display area/building additions) depicted on the concept plan identified in Condition 1, a Modification of Conditions shall be required. 4. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 5. The parking lot shall be restriped to reflect all parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Plan shall include, but not be limited to, screening and buffering, 3 display area landscaping, and streetscape plantings as referenced in the Staff report and as depicted on the concept plan referenced in Condition 2 above. 7. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 9. There shall be no auto repair or service on the site. 10. There shall be no outside audio speakers for any purpose. 11. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 12. The building sign mounted on the front of the structure shall not be a"box sign"and shall be non-illuminated and in substantial conformance with the exhibit depicted on page seven of the Staff report. No additional building signage shall be permitted. 13. Any freestanding sign shall be a monument-style freestanding sign with a brick base, as depicted on page seven of this report, with the exception that the sign shall be no taller than six feet in height measured from the ground to the top of the sign. 14. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 15. 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. No window signage shall be permitted. 16. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4 1.005°O o N ici 'STREET FRONTAGE LANDSCAPING AT ` :IN.CURB 20'EASEMENT FO- , �� , `SV `�c 1vlit 41) INGRESS/EGRESS, �� , , ,,,,‘," ;:' •lip* i .� i • DRAINAGE&UTILITIES , ` ' t� , 1� 61D88 SF 28 CARS $1* .1 `lAll•titssiliv IGN&PLANTED AREA * r ,I tatt)A \ 4‘‘S, '� Q5S�44* SEE SHEET2 FOR b OSPACES2 ,� , DETAILS CV N CUSTOMER 1.01 1 / PAR ONG II go © 1� -SPACES EE EMPLOYEE 2 20' 31' 10 STREET O N - FRONTAGE G Co :' PORCH `� LANDSCAPING - -44,- - - _ _ II ''" 57' RI r - - - ��♦♦♦♦♦♦♦♦♦♦♦♦ p OFFICE ►�♦♦♦♦♦♦♦�♦I�♦♦♦♦♦♦� 1�V� � - 17' 40 •♦♦♦♦♦♦♦♦♦ PROPOSED FU RE EXPANSION .♦♦•. lis 'e PROPOSED 6'TALL •♦♦♦♦♦•♦•♦♦�♦♦♦�•♦♦♦•♦♦♦♦♦♦♦♦♦♦♦♦♦♦. W '' SOLID FENCE STING ALONG PROPERTY 3 u) r FENCEE ..♦♦♦.♦♦♦♦♦♦♦♦♦♦♦.♦♦.'♦.♦♦♦♦♦♦♦♦♦♦♦♦.' II. LANDSCAPE BUFF-E1-I TO BE rn •y COMPLETED WITH FUTURE EXPANSION L=185.63 S21°37 40"W $CAT F. „=fl, CONDITIONAL LAND USE ._� ` � ;c1jYNERTRON 8 EIIBIT CFINS M E CAR DEALERSHIP !. MvCI-xvscxCxxvCi, `.A��1. ��do 202 South Newtown Rd 1• SHEET Virginia Beach,VA DATE:02992019 of 2 ( -..., �- j .-` _, 'i' fl LTh_____,: O, L `� �— iia , 1 C - \a -----,j u - •t".;\S'-"\o\ 0I 0 0V ID 7 a Ni ihshk, N mi N m 17 s''''''..----------------------------------------_-________„ \ CO o e't / ve _j peo� aS ''off a.,,,seQ aid 1 Ct N / j-------- - m --__.__. z___ r----f---t,...7 4c ___i � 1 r r� li thi. i7- (tIgi to, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PLEASURE HOUSE BREWING, LLC [Applicant] WEATHERSBY PROPERTIES [Property Owner] Conditional Use Permits (Craft Brewery & Open-Air Market) on property located at 2032 Pleasure House Road (GPIN 1479461677), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: April 16, 2019 ■ Background: The site is currently developed with a 6,700 square-foot building, built by the US Postal Service in 1964. Conditional Use Permits are requested for a Craft Brewery and Open-Air Market (food truck). The building will be renovated to include an area for manufacturing and storage of beer, three tasting rooms, and a 260 square foot outdoor patio. Upgrades to the building include a newly painted building, improved signage, and supplemental landscaping. No live music, amplification of music, use of speakers, or television monitors are proposed outdoors. No food will be prepared on site. Instead, the applicant will provide space for a food truck which will utilize an electrical outlet in order to minimize any noise that would otherwise be created by generators. Additional noise attenuation will be provided by an acoustical fence along the eastern (rear) property line. Considerations: The proposed Conditional Use Permits for a Craft Brewery and Open-Air Market are deemed by Staff and the Planning Commission as compatible with the other business uses along this section of Pleasure House Road.The brewery will provide the area with an amenity that may serve as a catalyst for improvements and redevelopment of other properties in the vicinity. The proposed concept will result in aesthetic improvements to both the exterior of the building and to the site. The Zoning Ordinance requires a minimum of 33 parking spaces, and a total of 34 parking spaces are available on-site, thereby meeting the requirement. The installation of a solid acoustical fence along the eastern property line will provide sufficient screening as well as noise attenuation for the adjacent residential neighborhood. In addition, as recommended by the conditions, noise associated with the food truck will be kept to a minimum due to the use of an electrical outlet rather than a gas generator. The applicant provided a briefing to the Bayfront Advisory Commission and no concerns were raised. Staff received three letters expressing concern about limited on site parking and the potential of excessive noise from any outdoor amplified music. There was also a concern about special events drawing large numbers of Pleasure House Brewing, LLC Page 2 of 3 people and existing congestion on Pleasure House Road. Based on concerns raised in these letters, the applicant withdrew a previous request for a Conditonal Use Permit for an Assembly Use, which would have allowed the larger special events. As recommended by condition 10 for the Craft Brewery, no live music, amplification of music, or use of speakers will be allowed outside of the building. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Conditional Use Permit (Craft Brewery) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the submitted layout plan shown on page six 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. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary colors shall be permitted. 3. The existing plant material shall remain and be maintained. Any supplemental plant material shall be consistent with the Shore Drive Design Guidelines. 4. The existing chain link fence shall be removed from the site and shall be replaced with a solid eight-foot tall noise-dampening fence along the rear property line and extended westward 12 feet along both north and south property lines. A solid six-foot tall privacy fence shall be installed along the remainder of the northern property line to the rear of the building and 65 feet along the remainder of the southern property line. Said fencing shall be in keeping with the Shore Drive District Design Guidelines for fences and shall be painted or stained wood or shall be a decorative vinyl fence that is compatible with the architectural style of the building. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. Pleasure House Brewing, LLC Page 3 of 3 8. Only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. 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 sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 10.As per Section 230 of the Zoning Ordinance, live music shall be allowed only inside the establishment when all the doors and windows are closed. No live music, amplification of music, use of speakers, or monitors will be permitted outdoors in association with the brewery use. 11 .All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 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 conformance with the submitted layout plan, shown on page six of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 2. No more than one food truck shall be permitted to operate on the site at a given time and shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 3. Any food truck on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. 'ent/ ency: Planning Department City Manager: ��,� Applicant Pleasure House Brewing, LLC Agenda Item Property Owner Weathersby Properties, LLC alk),3 Public Hearing March 13, 2019 (Deferred February 13,2019) City Council Election District Bayside D2 Virginia Beach Request Conditional Use Permits (Craft Brewery & Open-Air Market) E Marlin Pleasure Sup Cuuc Ma.*c qd Mani.,one owr Staff Recommendation mrd Road Sat.c.d. 6^dY Cou„ Approval t B,YQ,,,,,,,,, Casablancan , Road n c Beau Staff Planner f "ot",R °rr T Shure Dn.. O Wd 2kaC y Fn ourt Bill Landfair 3 John Court Location r f 2032 Pleasure House Road s G P I N a I xI Pr•ce Cncte 1479461677 ®,,,p e 1 _ 1 Site Size I 25,000 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Furniture restoration/ B-2 Community Business t' (Shore Drive Overlay) t, +. .VAit Surrounding Land Uses and Zoning Districts f^ t'a z 0'x``#. North .! �4,----- , Banquet facility/ B-2 Community Business (Shore Drive Overlay) xi f .' ' South '. ? .1 Retail/ B-2 Community Business (Shore Drive _ ; —itt ht, ;4?", "t4' l ---° " Overlay) . poor F t ```J�, itcc s East �'� Nth , • s4�� Single-family dwellings/ R-10 Residential (Shore Drive Overlay) � i` �. t r> r �`' West �: ' - .,_' Pleasure House Road Retail, playground/ B-2 Community Business (Shore Drive Overlay) Pleasure House Brewing, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This application was previously deferred at the February 13, 2019 Planning Commission public hearing to provide additional time for the applicant to address onsite parking requirements.Since the deferral,the applicant has withdrawn the Conditional Use Permit for an Assembly Use for events such as weddings and fundraisers, and also revised the application for the Conditional Use Permit for Open-Air Market by limiting the request to one food truck with no outdoor vending.With these changes,the applicant is able to adjust the proposed layout to accommodate all the required parking onsite. • The applicant is also requesting a Conditional Use Permit for a Craft Brewery. The brewery is proposed within the existing building on the property that was constructed in 1964 by the US Postal Service. • Specifically,the applicant proposes to renovate the 6,768 square-foot building to include 3,968 square feet for the manufacturing and storage of the beer and three tasting rooms that will total 2,356 square feet.A 260 square-foot patio for outdoor seating is also proposed. For the proposed uses, Section 203 of the Zoning Ordinance requires a minimum of 33 parking spaces, and a total of 34 parking spaces are available onsite. • Consistent with the Shore Drive Design Guidelines,the applicant is proposing upgrades to the building's facades by painting the brick pillars blue-green and staining the woodwork above the pillars. • The applicant proposes to maintain and supplement the existing plant material located in front of the building. Supplemental plant material will be selected from the recommended species listed in the Shore Drive Design Guidelines. • Typical hours of operation are proposed as 3:00 p.m. to 10:00 p.m., Monday through Thursday; 12:00 p.m. to 12:00 a.m., Friday and Saturday; and 12:00 p.m.to 10:00 p.m., on Sunday. • The applicant proposes to use the existing freestanding sign. New building facade signage is proposed to be approximately three feet high by six feet wide on each side of the front facade. A depiction of the proposed signage can be found on page eight of this report. • According to the application,food will not be prepared on site for sale to customers. Rather, the applicant desires to provide space for a food truck to operate in the parking lot at the rear of the site,typically from 5:00 p.m.to 8:00 p.m., Monday through Friday, and from 12:00 p.m.to 8:00 p.m., Saturday and Sunday. • The applicant proposes to install an electrical outlet for use by the food truck in order to minimize any noise that would otherwise arise from generators commonly used by food trucks. Based on discussion at the February 13, 2019 Planning Commission informal meeting,a condition has been added to ensure that gas generators are not used for the operation of a food truck. • No live music, amplification of music, use of speakers, or monitors are proposed outdoors in association with the brewery use. • As the property borders an existing residential neighborhood,the applicant proposes to install an eight-foot tall noise reduction solid fence, known as Noistop, along the rear property line.This trademarked fence consists of noise-dampening insulation inserted between wood panels, which will be attractively finished on both sides with a Scandinavian design. Pleasure House Brewing, LLC Agenda Item D2 Page 2 1, 0 i O a 73 . R•op j ,� d� /�j No Zoning History to Report crj i° 1E7 D4;a — Eg ( r 0 `©/ > \ C Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant's request for Conditional Use Permits to operate a Craft Brewery and an Open-Air Market are, in Staff's opinion, compatible with the other commercial uses along this section of Pleasure House Road and will provide the area with an amenity that may serve as a catalyst for improvements and redevelopment of other properties in the vicinity. The Comprehensive Plan recommends commercial uses within the Shore Drive corridor that are of high value to residents.The submitted layout plan depicts aesthetic improvements to both the exterior of the building and to the site. The installation of a solid fence, described in the summary of the proposal above, along the eastern property line will provide sufficient screening and noise attenuation for the adjacent residential neighborhood. In addition, as conditioned below, noise associated with the food truck will be kept to a minimum due to the use of electricity rather than a gas generator for operation of the food truck. The applicant met with the Bayfront Advisory Commission and no concerns were raised. Finally,the recommended conditions ensure that the proposed improvements, including facade treatments and fencing,will be in keeping with the Shore Drive Corridor Design Guidelines. Based on the considerations above,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 site shall be configured in conformance with the submitted layout plan shown on page six 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. Consistent with the Shore Drive Design Guidelines, the building facade shall be a neutral or earth tone color. No primary colors shall be permitted. 3. The existing plant material shall remain and be maintained.Any supplemental plant material shall be consistent with the Shore Drive Design Guidelines. Pleasure House Brewing, LLC Agenda Item D2 Page 3 4. The existing chain link fence shall be removed from the site and shall be replaced with a solid eight-foot tall noise-dampening fence along the rear property line and extended westward 12 feet along both north and south property lines. A solid six-foot tall privacy fence shall be installed along the remainder of the northern property line to the rear of the building and 65 feet along the remainder of the southern property line. Said fencing shall be in keeping with the Shore Drive District Design Guidelines for fences and shall be painted or stained wood or shall be a decorative vinyl fence that is compatible with the architectural style of the building. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. Only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. 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 sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage.Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 10. As per Section 230 of the Zoning Ordinance, live music shall be allowed only inside the establishment when all the doors and windows are closed. No live music, amplification of music, use of speakers, or monitors will be permitted outdoors in association with the brewery use. 11. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 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 conformance with the submitted layout plan,shown on page six of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 2. No more than one food truck shall be permitted to operate on the site at a given time and shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 3. Any food truck on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor.The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park.The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents.The area is considered a resort neighborhood and not a resort destination. Planning policies that apply to this Pleasure House Brewing, LLC Agenda Item D2 Page 4 request include improving the land use compatibilities, avoiding over-commercialization, and preserving and protecting the character of established neighborhoods. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pleasure House Road 11,486 ADT 1 15,000 ADT 1 LOS 4"D Existing Land Use z— 43 ADT Proposed Land Use 3- 198 ADT 1 Average Daily Trips 2 as defined by a 6,768 square-foot 3 as defined by a 2,356 square-foot a LOS=Level of Service furniture store restaurant plus ten employees 1 Public Utility Impacts Water & Sewer The site currently connects to both City water and sanitary sewer service. Pleasure House Brewing, LLC Agenda Item D2 Page 5 Proposed Site Layout gm WS! d I ¢ Opaque Fence c ` x _ _ e Tasting Room C 111 352 s..ft. Mkt es 16 Parking Spaces t 11 Parking '`6 Brewing 8 Storage Spaces 0 Tasting 2,280 sq.ft. • - I r. -i. Room A 1,344 Tasting s _ Nolstop 1 Sq ft Room Fence B Existing 660 Freestanding , x Existing sq.ft. . Sl.nPlants _- - + :,.'' to Remain _ //we. Paea ` Area ewarea07:,-- - b t I 7 Parking Spaces I,1 g. - ,* #;: Food Truck a4 '1-11. r'`:.. e- 4 Area \ ' ±, - i% , .. - y ,,,,�r t.. 4110- i _ -------- - Opaque Fence r : _; s a �, t r ay \ 3 1 ` :a Pleasure House Brewing, LLC Agenda Item D2 Page 6 Proposed Noise-Dampening Fence Along Eastern Property Line Att• J pr. 1111111111111— . 1 tom;. Pleasure House Brewing, LLC Agenda Item D2 Page 7 I Proposed Signage . • ,, .z;, I-7 t ....: ...,_,:„....„.,:..„7,,,,,,,,,,*,..i,&Z.-•••c)(, r.., „..,,*...‘-.• ' ,-,-r.'1,1. F.', , .. •,-- ....,., 4, 1•,:i...1A...kr)ii P' .34.1,r,"7,:::^s IX', -;1"-T:..,.-(.4.; ..? 4.-#. _ - . * , . . 1-,• ..,. . ,:,. .41: , !"'' i49: .1! A'-.7,4•A. 41 I. . , . ... _..-..._. ,, 4,. , ,. .. . I ----- „-- 4.10. ..„_;, )1=r- . . i .. -*-,‘11-ir.4 t______ ..,, . ---- LPLEASURE HOUSE BREWING .. ....._.._ ----. V 1-1.1111t. .. . ' -------___1.l':' - - .,',4.,-."C ' '•-';'''' -.-,-4. ...':-A.'75 - '''l - - - . ' ' . ... , . _ ' - . 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I .,, PLEASURE HOUSE ..,„!•• 11:' 1111 • i-,,, BREWING BRE -: II : 'I/` illi ... - . r i , , _,I.,)....is,...,T. :____;_...,:, .. . , ..,,,,.., ..„, ,„ ., .„.,.., _ __ _ .., • • ., . ' ''. ';'-':Tt--'zke..1-4----c,....1.„.t..,L - =„0,-;;;;' X.:„-.-[....4: ..------5----,.:•: --t---.-.---- . .„ ..... , .. .., — . .... • . . . Pleasure House Brewing, LLC Agenda Item D2 Page 8 . _ Site Photos r: - 31-4:1181:=212022121-- ri".-1--••' '-•', • '. 'iiiir Lii:141.14:14-. ,: I II. tea _ ' 1. r _y 4 a • • } _ , , i . , , - ma - _-- Y f tdr '••- .`t,t Pleasure House Brewing, LLC Agenda Item D2 Page 9 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Pleasure House Brewing, 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. _-- 4 SECTION 1 / APPLICANT DISCLOSURE CITY USE ONLY/All dlsclo;�i >rnu_t Le.ipcPage 1 of 7 ninq Commission and City Council meeting," , El APPLICANT NOTIFIED OF HEARIN. gl NO CHANGES AS OF tL L LVt 4W.A.-- William Landfair ❑ REVISIONS SUBMITTED Pleasure House Brewing, LLC Agenda Item D2 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: Pleasure House Brewing, LLC If an LLC, list all member's names: Charles A. Stephenson, Alexandra V. Stephenson, Brendan T. O'Brien, Kevin Loos, David R. Stafford 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 IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Weathersby Properties, LLC If an LLC, list the member's names:Mark Weathersby Page 2 of 7 Pleasure House Brewing, LLC Agenda Item D2 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Pleasure House Brewing, LLC Agenda Item D2 Page 12 Disclosure Statement Nfi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) f [1 Accounting and/or preparer of Ryan Young, Wall,Einhorn& uu your tax return Chumitzer,P.C. 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) © El Construction Contractors Stafford&Sons Builders(Class A) ® 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 William A Riddick Ill Real Estate Brokers / Lindsay Himelright,Harvey Lindsey ® Agents/Realtors for current and Commercial Real Estate 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 l 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? Alexandra V. Stephenson, VB City Public Schools, Renaissance Academy, English Teacher Page 4 of 7 Pleasure House Brewing, LLC Agenda Item D2 Page 13 Disclosure Statement NB Virginia Beach 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 . -in two weeks prior to the Planning Commission, Council, VBDA meetin• or eeting o •ny public body or committee in connection with this A. .lica ion. - rya Charles A. Stephenson l 10/30/18 APPu 5 SIGNNA .. E FRINT DATE Page 5 of 7 Pleasure House Brewing, LLC Agenda Item D2 Page 14 Disclosure Statement OWNERVirginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Dixon-Hughes your tax return Inhouse-Mary Jo O'Conner Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than r• t 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) 111 Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current ❑ x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ElLegal Services Amy Pesesky Real Estate Brokers / Parker Burnell Real Estate Group nAgents/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 ❑ /r 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 Pleasure House Brewing, LLC Agenda Item D2 Page 15 Disclosure Statement Virgini 3 B-;+;h. 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. ( wi — PROPERTY OWNER'S SICNAT T PRINT NAME DAT/W e Page 7 of 7 Pleasure House Brewing, LLC Agenda Item D2 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 approvals allowed by this application 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. Pleasure House Brewing, LLC Agenda Item D2 Page 17 Item#D2 Pleasure House Brewery Conditional Use Permit (Craft Brewery) 2032 Pleasure House Road District—Bayside March 13, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you Commissioner Ripley. The next item on the consent agenda is item number D2 Pleasure House Brewing, LLC. An application for a conditional use permit craft brewery assembly use and open-air market on property located at 2032 Pleasure House Road in the Bayside District, is there a representative here for this application, when you come to the podium, could you please state your name for the record? Mr. Stevenson: My name is Charles Stevenson. Ms. Rucinski: And are the conditions acceptable? Mr. Stevenson: They are. Ms. Rucinski: Alright, thank you. Is there anyone here in opposition to this application being placed on the consent agenda? Okay, hearing none, the chair has asked for Commissioner Dave Redmond to read this into the record. Mr. Redmond: Thank you, Ms. Rucinski. This is an application for a conditional use permit for craft brewery assembly use on property on Pleasure House Road. This is an existing building of about 6,000 square feet, 6,786 square feet to be exact and the applicant intends to use about two thirds of it or about 4,000 square feet for the manufacturing and storage of the beer product and then have three small tasting rooms that would in total be about 2,400 square feet. Additionally, they intend to have a 260 square foot patio for outdoor seating and enjoyment. This application has actually taken a number of elements that show great care. Obviously, they meet the parking requirement, the food truck element, which is to be along the side and rear of the property. They intend to install an electrical hookup so there's no noise from a generator and in addition, they plan along the back to the adjacent neighborhood, a noise reducing fence to limit the impact on this community. This is a stretch of Pleasure House Road that could use some improvement and this is a small but growing business and we're fortunate to have that kind of activity and grateful for it. So, it seems to be a very fitting use that will bring some life and some activity and some energy to this particular piece of Pleasure House Road. I'm well familiar with it. I travel it every day, nearly every day and Mr. Ripley does too I know so; there's lots to like about this application. The staff recommends approval and the commission concurs by consent. Thank you. 1 Ms. Rucinski: Thank you Mr. Redmond. Madam Chair that was the last item on the consent agenda, I would like to move that consent agenda items number one, two, and three. Ms. Oliver: Hold on one second. Ms. Smith: I'm sorry, after your motion, I want to make a clarification. Ms. Oliver: Okay, thank you. So approve items one, two, three, four, five and D2 for approval. Second for that? Mr. Horsley: Second. Ms. Oliver: Okay. Ms. Smith: And I just want to clarify that item D2, the request for the assembly use was actually removed. So the advertisement in the staff report correctly reflects the request is limited to the craft brewery and the open-air market. So I think that there was on that sheet that you're working from up there that did not have that removed and I saw that. Ms. Oliver: I wondered about that,but in the staff report it's correct. Ron? Mr. Ripley: I have two disclosures on item number two. The first one is that I have a partial interest in an apartment community property across the street from the church just disclosing that, I have no financial interest in the church obviously and no interest in that at all. And the second is that they've listed TowneBank as their lender and since TowneBank is listed as the lender on the application, I need to disclose that I'm a member of the TowneBank Board in Chesapeake advisory board. No interest in this application and the Planning Commission doesn't make the final decision, it's simply an advisory board and I'm able to participate in the transaction fairly and objectively and in the public's interest. Ms. Oliver: Thank you, yes. Mr. Inman: I have the same disclosure to make as Mr. Ripley concerning TowneBank, I'm on TowneBank, Virginia Beach Board and likewise, I will vote on the matter as I have no conflict of interest due to the fact that we do not make a final decision on this. Ms. Oliver: Okay, alright. Ms. Garrido: Vote is open. Ms. Oliver: Thank you. Mr. Fisher: By recorded vote of 9-0, items number one, two, three, four, five, and D2 have been approved by consent. 2 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT 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 site shall be configured in conformance with the submitted layout plan shown on page six 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. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary colors shall be permitted. 3. The existing plant material shall remain and be maintained. Any supplemental plant material shall be consistent with the Shore Drive Design Guidelines. 4. The existing chain link fence shall be removed from the site and shall be replaced with a solid eight-foot tall noise-dampening fence along the rear property line and extended westward 12 feet along both north and south property lines. A solid six-foot tall privacy fence shall be installed along the remainder of the northern property line to the rear of the building and 65 feet along the remainder of the southern property line. Said fencing shall be in keeping with the Shore Drive District Design Guidelines for fences and shall be painted or stained wood or shall be a decorative vinyl fence that is compatible with the architectural style of the building. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Brewery. 3 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. Only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. 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 sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 10. As per Section 230 of the Zoning Ordinance, live music shall be allowed only inside the establishment when all the doors and windows are closed. No live music, amplification of music, use of speakers, or monitors will be permitted outdoors in association with the brewery use. 11. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 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 conformance with the submitted layout plan, shown on page six of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 2. No more than one food truck shall be permitted to operate on the site at a given time and shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 3. Any food truck on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators commonly used by food trucks. Use of generators by food trucks is not permitted. 4 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BAYFRONT ADVISORY BOARD BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,April 23 Special Session/Workshop Wednesday, April 24 Special Session/Public Hearing—Old Donation School Tuesday,April 30 Special Session/Public Hearing Tuesday, May 7 Formal Session Tuesday, May 14 Special Session Tuesday, May 21 Formal Session 04/16/19-rw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/02/2019 PAGE: 1 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DN 0 K MC 0 L W 0 O Y L N A 0 AUS 0 T T E E ENSNS 00 E T R Y S E S T ENDN ADDED ROSE HALL VACANCY City Council DISCUSSION ADDED NATIONAL FLOOD INSURANCE Whitney McNamara RATING SYSTEM Planner II-Planning and Community Development CITY MANAGER'S BRIEFINGS A. AQUARIUM PARKING LEASE Robert Matthias, Assistant to the City Manager for Legislative and Military Affairs Cynthia Whitbred- Spanoulis,Director— Aquarium,Historic Houses and Museums B. SUMMER YOUTH PROGRAM Tiffany Cowell, Youth Opportunities Office Coordinator C. FY 2019-20 RESOURCE MANAGEMENT PLAN(Budget) 1. HUMAN SERVICES Dr.Donald Kirtland, Deputy Director— Continuous Quality Improvement Gailyn Thomas,Deputy Director—Continuous Quality Improvement Aileen Smith,Deputy Director—Behavioral Health/Development Services 2. HEALTH DEPARTMENT Dr.Demetria Lindsay, Acting Health Director Paul Brummund, Acting Business Manager 3. HOUSING and NEIGHBORHOOD Andrew Friedman, PRESERVATION Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows,Director 5. AQUARIUM,HISTORIC HOUSES Cynthia Whitbred- and MUSEUMS Spanoulis,Director 6. PARKS and RECREATION Michael Kirschman, Director II/IIUIV/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y VNI A-E CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/02/2019 PAGE: 2 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DNOK MC 0 LW 0 O Y L N A 0 A US 0 T T EE ENSNS O O E T R Y S E S T ENDN F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y March 19,2019 G. PRESENTATIONS 1. CHILD ABUSE PREVENTION Season Roberts, MONTH Executive Director— Court Appointed Special Advocates (CASA) ADDED UNITED STATES CENSUS Kevin Krigsvold, BUREAU Regional Census Director—Census 2020 H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY— NO SPEAKERS OLD COAST GUARD STATION 24th Street and Atlantic Avenue J. J.1 Resolution to DIRECT the City DEFERRED 10-0 Y Y Y Y Y Y Y Y Y Y Manager to consider Opportunity INDEFINITELY,BY Zones as a major factor in the Capital CONSENT Improvement Program(CIP) J.2. Resolution to ESTABLISH a 12% ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y aspirational goal re Minority-Owned CONSENT Business Participation in City contracts J.3. Resolution to DISSOLVE the Virginia ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Beach Domestic Violence Family CONSENT Fatality Review Team and thank the Members for their service. J.4. Resolution to ADD a Member to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Virginia Beach Community Policy and CONSENT Management Team re representative of the Tidewater Youth Services Commission J.5. Ordinance to CONVERT two(2)part- ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y time positions to one (1) full-time CONSENT position re Police Department for the Animal Care and Adoption Center and TRANSFER corresponding positions from part-time to full-time budget unit J.6. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an AMENDED CONSENT and RESTATED Agreement between the City and Virginia Aquarium & Marine Science Center Foundation, Inc., re clarify responsibilities of the parties,provision of support staff,routine repair and maintenance, disposition of revenue and identifies the location of property utilized for the Adventure Park CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/02/2019 PAGE: 3 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R 1 0 B D NOK MC 0 L WC) O Y L N A 0 A US 0 T T E E ENSNS O O E T R Y S E S T ENDN J.7. Ordinance to ADOPT the 2019 Housing ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Choice Voucher Annual Agency Plan, CONSENT including a revised Administrative Plan; and,AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) J.8. Ordinance to EXTEND the date for ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y satisfying the conditions re closure of an CONSENT unimproved portion of Singleton Way, South Witchduck and Princess Anne Roads J.9. Ordinance to AUTHORIZE the City ADOPTED,AS 10-0 Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an Agreement AMENDED with the Virginia Beach School Board re use of school buses during Something in the Water Festival and APPROPRIATE$350,000 in estimated reimbursements J.10. Ordinances to APPROPRIATE: a. $39,177 to Blackwater Volunteer ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Rescue Squad re interest-free loan CONSENT to purchase replacement ambulance with required equipment b. $300,000 to Virginia Beach ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Volunteer Rescue Squad,Inc.,re CONSENT interest-free loan to purchase two (2)replacement ambulances K. K.1. CLEAR CREEK HOLDINGS, LLC DEFERRED TO APRIL 10-0 YY YYYY Y Y Y Y for a Conditional COZ from R-10 16,2019 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6— BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/02/2019 PAGE: 4 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R 1 0 B DNOK MC 0 L W 0 O Y L N A 0 AUS 0 T T E E ENSNS O O E T R Y S E S T ENDN L. APPOINTMENTS: RESCHEDULED BYCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M/N NEW BUSINESS: Recognition and Appreciation of Council Member Kane O. ADJOURNMENT 7:40 PM OPEN DIALOGUE 6 SPEAKERS 8:07 PM 2019 CITY COUNCIL MEETINGS Tuesday,April 9 Special Session/Workshop Tuesday,April 16 Formal Session Tuesday,April 23 Special Session/Workshop Tuesday,April 24 Special Session/Public Hearing—Old Donation School Tuesday,April 30 Special Session/Public Hearing Tuesday, May 7 Formal Session Tuesday, May 14 Special Session