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05-07-2019 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL <_0144,145:P%4, MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 04 J'•6 -"" Cp JESSICA P.ABBOTT,Kempsville—District 2 > - _ BARBARA M.HENLEY,Princess Anne—District 7 U .' LOUIS N JONES,Bayside—District 4 "_ •'_ _ VACANT,Rose Hall—District 3 JOHN D.MOSS,At Large `+ AARON R.ROUSE,At Large °' o,,, ,,,,,a"' GUY K.TOWER Beach—District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES SPECIAL FORMAL SESSION PHONE:(757)385-4303 CITY A SSESSOR—RONALD D.AGNOR CITY AUDITOR—LYNDON S.REMIAS FAX(757)385-5669 CITY CLERK—AMA NDA BARNES May 7,2019 E-MAIL:CITYCOUNCIL@vbgov.com I. SPECIAL FORMAL SESSION - City Council Chamber- 2:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. MAYOR'S READING OF CALL TO SPECIAL FORMAL SESSION C. ROLL CALL OF THE CITY COUNCIL D. CANDIDATE INTERVIEWS FOR ROSE HALL DISTRICT COUNCIL SEAT 1. Michael Berlucchi 2. Seko Varner E. RECESS TO CLOSED SESSION F. CERTIFICATION OF CLOSED SESSION G. APPOINTMENT OF ROSE HALL DISTRICT CITY COUNCIL MEMBER H. OATH OF OFFICE I. MAYOR'S FORMAL SEATING OF CITY COUNCIL J. ADJOURNMENT c1taA BE40 41, City of Vir iriiat 13cacli ryy 6 OF OURNASION Robert M."Bobby"Dyer MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE May 2, 2019 VIRGINIA BEACH,VIRGINIA 23456-9000 (757)385-4581 CELL(757)749-4659 bdyer@vbgov.com HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday,May 7, 2019 2:30P.M. City Council Chamber Building 1, City Hall, 2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct public interviews for the finalists to fill the vacant Rose Hall District City Council seat. Immediately following, City Council will recess and convene into CLOSED SESSION for discussion. Following the discussion, City Council will return to the City Council Chamber to APPOINT the Rose Hall District City Council Member, and the new member will take the Oath of Office prior to the Mayor's Formal Seating of City Council. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers Communications Office CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 60A:Be4c MAYOR ROBERT M. "BOBBY"DYER,At Large Jti4,=;,�—�-,,_'S L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 p JESSICA P.ABBOTT,Kempsville—District 2 •?- BARBARA M.HENLEY,Princess Anne—District 7 6 , LOUIS R JONES,Bayside—District 4 VACANT,Rose Hall—District 3 i XPi ` !' JOHN D.MOSS,At Large AARONR ROUSE,At Large GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR May 7,2019 FAX(757)385-5669 CITY AUDITOR—LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@v&gov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING -Conference Room - 3:15 PM A. SEA LEVEL RISE CITY-WIDE, SITE/PARCEL FLOOD PROTECTION STRATEGIES, NATIONAL AND NATURE-BASED FEATURES, AND PUBLIC OUTREACH PLAN Charles J. Bodnar, Civil Engineer—Public Works Stormwater Management Center II. CITY COUNCIL RECONCILIATION A. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) Operating and Capital Budgets III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Joyce Rose Scott Tabernacle Worship Center at Pleasant Grove 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 2, 2019 2. SPECIAL FORMAL SESSION April 9, 2019 3. INFORMAL and FORMAL SESSIONS April 16, 2019 4. SPECIAL FORMAL SESSION April 23, 2019 5. SPECIAL FORMAL SESSION April 24, 2019 G. MAYOR'S PRESENTATIONS 1. HISTORIC PRESERVATION MONTH Jimmy Wood, 1st Vice Chair—Historic Preservation Commission 2. NORTH END RUN CLUB H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 1.295 +/- acres on the Northwestern corner of Princess Anne Road and Winterberry Lane b. 11.7 acres on Bonney Road 2. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area (ITA) a. 2.195 +/- acres on North Landing Road b. 2.101 +/- acres on North Landing Road 3. LEASE OF CITY PROPERTY 2089 Indian River Road—Residential Dwelling I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE Excess Restrictive Easements over City Property located on North Landing Road in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of a City-Owned Residential Dwelling for up to five (5) years at 2089 Indian River Road 3. Ordinance to AMEND City Code Section 12-2 re liability for expenses incurred in fighting certain fires 4. Resolution to ESTABLISH a City Council Policy re advertisement of public notices for tax or fee increases (Requested by Council Member Moss) 5. Ordinance to GRANT a Non-Exclusive Franchise Agreement with ExteNet Systems (Virginia) LLC re install and maintain network facilities for wireless telecommunications services in the public streets and rights-of-way 6. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 7 to the Multi- Year Agreement between the United States of America and the City re prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana (NAS Oceana) 7. Ordinances to ACCEPT and APPROPRIATE: a. $400,000 from Home Associates of Virginia to CIP 7-048 Sherwood Lakes Drainage Improvements re stormwater drainage improvements within Sherwood Lakes Neighborhood b. $66,000 from Virginia Beach Library Foundation to FY2018-19 Library Department Operating Budget re purchase of an outreach vehicle c. $80,000 from Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY2018-19 Human Services Operating Budget re increase staffing to support Emergency Services Crisis pre-screens d. $33,716 from Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY2018-19 Human Services Operating Budget re forensic discharge planning from jail for individuals with a serious mental illness/substance abuse disorder e. $294,657 from Virginia Department of Behavioral Health and Developmental Services (DBHDS)to FY2018-19 Human Services Operating Budget re staff law enforcement officers at the Crisis Intervention Team (CIT) Assessment Site f. $30,000 from Virginia Department of Criminal Justice Services to FY2018-19 Police Department Operating Budget re enhance efforts to address internet crimes against children 8. Ordinance to TRANSFER$328,450 from General Fund Reserve for Contingencies to FY2018-19 Office of Voter Registration and Elections Operating Budget re costs associated with the primary elections on June 11,2019 K. PLANNING 1. JUST BROWSING, LLC/ SUSU DEVELOPERS, LLP for a Conditional Use Permit re tattoo parlor at 1612 Laskin Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. DONNA & ROBERT GERMAN/GERMAN LIVING TRUST for a Conditional Use Permit re family day-care home at 212 Upperville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. ARMADA HOFFLER TOWER 4,LLC for a Conditional Use Permit re private college/university at 222 Central Park Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. VERDE SALON AND SPA,LLC/LAKE GEM D1 LLC for a Conditional Use Permit re tattoo parlor at 2137 Upton Drive, Suite 314 DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. AMY TURNER/ STAR REAL ESTATE,LLC for a Conditional Use Permit re tattoo parlor at 4604 Pembroke Lake Circle, Unit 105 DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. PHIL KELLAM/VBK PROPERTIES,LLC for a Conditional Use Permit re assembly use and open-air market at 2384 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 2019 CITY COUNCIL MEETINGS Tuesday,May 14 Special Session Tuesday,May 21 Formal Session Tuesday, May 28 Workshop Tuesday, June 4 Formal Session Tuesday, June 11 Workshop 5/2/19 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 3:15 PM A. SEA LEVEL RISE CITY-WIDE, SITE/PARCEL FLOOD PROTECTION STRATEGIES, NATIONAL AND NATURE-BASED FEATURES, AND PUBLIC OUTREACH PLAN Charles J. Bodnar, Civil Engineer—Public Works Stormwater Management Center II. CITY COUNCIL RECONCILIATION A. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) Operating and Capital Budgets III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Joyce Rose Scott Tabernacle Worship Center at Pleasant Grove 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 2, 2019 2. SPECIAL FORMAL SESSION April 9, 2019 3. INFORMAL and FORMAL SESSIONS April 16, 2019 4. SPECIAL FORMAL SESSION April 23, 2019 5. SPECIAL FORMAL SESSION April 24, 2019 G. MAYOR'S PRESENTATIONS 1. HISTORIC PRESERVATION MONTH Jimmy Wood, Pt Vice Chair—Historic Preservation Commission 2. NORTH END RUN CLUB ( Cp ewe No.' i rottantation Whereas: Virginia Beach has been a place of human occupation for over 1 5,000 years;and Whereas: Vire ships of the first permanent Enghrsh settlers in'Virginia first andel in'Virginia Beach in 1607;and Where= 'The English Crown granted 5,350 acres to Adam Diioroughgoodhere in 1635;and Whereat.s: VTie VTioroughgood.Ifouse,a Wationa1Hiistoric Landmark is celebrating its 300th anniversary in 2019;and Mere= The Cape Nenry Lighthouse, a National Nutoric Landmark was completed in 1792 as the first public work project of the'United States of America government;and Whereas: 'Virginia Beach has 22 individual historic properties and 5 historic districts fisted in the Nationalcgister of5lutoric Places,and Manz Virginia Beach has 74 individual historic properties luted in the Virginia Beach Historical 'Rcgister,and Whereas: 'Virginia Beach has 16 Cocat Historic and Cultural Districts that have been estadhshed to protect and preserve some of the city's most important historic resources;and Where= 'The National'Tnut for Historic Preservation created Preservation'Weekin 1971 to spotlight grassroots efforts in historic preservation in America;and 'Where= States and communities across the country now recognize the month of Way as Historic Preservation lionth;and Whereas Vie Princess Anne County/'Virginia Beach.Ilrstorica(Society was chartered in 1961 and has actively wo4(to preserve'Virginia Beach's history for the past 58 year;and 'Whereas: The Beach City Councilestaflrshed the Historic Preservation Commission in 2008 to advise them on aft issues related to the preservation of historic buildings,structures and sites in the city;and Whereas:ereas The 9Kayor and City Council'support the preservation of'Virginia Beach's diverse and rich heritage andhistoric resources; Now,?herefore,I,Wo6ert W Dyer,91ayor of City of Virginia Beach,'Virginia,do hereby recognize may, 2019 Historic enemation Mond In 'Virginia Bead and furthermore call upon the citizens, government agencies, public and private institutions, businesses and schools in Virginia Beach to recognize the importance o f.,ICistoric'Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In Wallas Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia,to 6e affixed this Seventh day of Way,2019. ›r‘11,644efre cRg6ert M. "Bo66y"'Dyer Mayor 6c7z 'crr X t hw c �99'fS OF OUR NI:co''`. 41: rottatrtattoit Whereas: On July 19, 2016 Worth End Run CCu6 was founded in Virginia Beach, SVA by Barry Cfarka and 'Whereas: Vie mission of Worth End Run Clu6 is: "get outside. Be active. Explore your city";and 'Whereas: North End stn Clu6 is a free, community driven organization which accepts all athletic abilities and hosts weekly runs and events all"throughout the city of Virginia(Beach;and Whereas: What started as a small group 15 of strangers has organically grown to over 1,100 active members and events with a single attendance of over 380 people; and Whereas: North End stn CCu6 meets at different locations each week highlighting different areas, local businesses, and pedestrian friendly trails including: First Landing State Park Virginia Beach Boardwal,�, Mount Trashmore Park Virginia Aquarium eZ Science Museum, Pleasure .Mouse Point, Worth End neighborhood, Lake Lawson/Lake Smith Natural'Area, and various shared-use paths eZ sidewalks around Virginia(Beach;and Whereas: Outside of the weekly Tuesday evening runs, Worth End tin Cfu6 has assisted in beach cleanups, supported numerous local charities and small businesses, collectively raised funds for timely causes and fundraisers, supported local running events on the weekends, donated clothing and foods to both focal residents and neighboring states in need, and encouraged the community to get involved with volunteering and voting. Wow, ?furefort, I, Wo6ert M. Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby recognize North End q?int Clu6 For their tremendous service to our community and I encourage all citizens to familiarize themselves with this organization and their efforts. InWitness'Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affixed this Sixteenth day of April 2019. 26€'1'°'44(*A' qWert M. "Bo66y"Dyer Mayor H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY a. 1.295 +/- acres on the Northwestern corner of Princess Anne Road and Winterberry Lane b. 11.7 acres on Bonney Road 2. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area (ITA) a. 2.195 +/- acres on North Landing Road b. 2.101 +/- acres on North Landing Road 3. LEASE OF CITY PROPERTY 2089 Indian River Road—Residential Dwelling %sts)� PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,Tuesday,May 7,2019 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building #1) at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The property to be sold contains approximately 1.295+/- acres located at the northwestern corner of Princess Anne Road and Winterberry Lane known as GPIN 1494-09-6364. If approved,the property will be developed into a three-story, mixed use building. The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs"and be sold. 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). Any questions concerning this matter should be directed to Dept. of Economic Development,4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385- All interested parties are invited to attend. Amanda Barnes City Clerk Beacon: April 28,2019 Sj ,a y'J ,L:a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring approximately 1.295 +/- acres of land located at the intersection of Princess Anne Road and Winterberry Lane (GPIN 1494-09-6364) to be in excess of the City's needs and authorizing the City Manager to sell same to Tony D, LLC and Cynthia D, LLC PUBLIC HEARING DATE: May 7, 2019 (MEETING DATE: May 21, 2019) • Background: The City of Virginia Beach purchased the property located at the corner of Princess Anne Road and Winterberry Lane in April 2003 from Landstown Meadows Associates, L.L.C. for $190,000 in a voluntary transaction. The funds used to purchase this property were taken from Princess Anne Road, Phase IV (Ferrell — Phase II) (VDOT), CIP 2-305. The purpose of the purchase was to keep this parcel from being developed due to future improvements to Princess Anne Road Phase IV, which are now complete. A 0.38 acre portion of a larger 1.675 acre property, now part of the adjacent parcel, was purchased from the City in December 2015 by YNOT Landstown, L.L.C., t/a YNOT Italian, for parking for a 6,000± sq. ft. restaurant. Tony D, LLC and Cynthia D, LLC, whose members are also principals of YNOT Landstown, L.L.C., would like to purchase the remainder of the parcel (containing 1.295 +/- acres), located at the corner of Winterberry Lane and Princess Anne Road (the "Property"), from the City for a three-story, mixed-use office building. The purchaser will not be permitted to use the Property to establish a cut-through from Winterberry Lane to the Shopping Center. This matter was deferred indefinitely by Council on July 18, 2017. • Considerations: Tony D, LLC and Cynthia D, LLC have agreed to purchase the Property for $892,000. The Property shall be sold "as is." The assessment in 2017 at the time of the parties' agreement was $789,900. The current assessment is: $846,400. If Council authorizes the sale of the Property to Tony D, LLC and Cynthia D, LLC, this will be a standalone parcel with ingress/egress restricted to one of two access points: (A) from the adjacent shopping center parcel or (B) from Winterberry Lane. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. A public hearing was held on July 18, 2017. A second public hearing will be held on May 7, 2019. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms. • Attachments: Ordinance, Summary of Terms, Aerial Map, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works-Real Esta : City Manager: I tn"`+, rfri qu ay yi ,. E �`i�eaa a .- PUBUC HEARING DECLARATION AND SALE OF EXCESS CRY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, May 7, 2019, at 6:00 p.m.,in the Council Chamber of City Hall(BIdg.1)at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and sold to Olympia Development Corp., or its affiliate, for development of a mixed-use project: Approximately 11.7 acres of City- P, owned property located on Bonney Road (GPIN: 1477-52- 4516) 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). Any questions concerning this matter should be directed to Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach,Virginia 23462,(757)385- 6464,(- ). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:April 28,2019 rj3f' (t si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 11.7 Acres of City Property Located on Bonney Road in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement for the Sale of the Property to Olympia Development Corporation PUBLIC HEARING DATE: May 7, 2019 (MEETING DATE: May 21, 2019) • Background: The City of Virginia Beach (the "City") owns property located on Bonney Road (GPIN: 1477-52-4516) (the "Property"), known as the former Days Inn. The Property consists of approximately 11.7 acres, of which approximately 7.5 acres is developable. The Property is located in the Pembroke Central Business District/SGA, in close proximity to Town Center and Convergence Center. The Property also abuts a portion of the new Thalia Creek Greenway. The City acquired the Property in 1996 and planned to consolidate the mental health, mental disability and substance abuse program on the site, which plan was later abandoned. In 2001, the City sold the Property to Branwick Corporate Center, LLC ("Branwick") for $1.2 million to develop an office complex. Branwick failed to fulfill its commitment to develop the Property, and the City bought back the Property in 2003 for the same price. In October 2017, the City issued a Request for Interest for the sale and development of the Property and two responsive proposals were submitted. In December 2017, the City determined that Olympia Development Corporation ("Olympia") presented the best opportunity to develop a mixed-use project on the Property. Olympia proposes to build three professional office buildings with up to 200,000 square feet of office space, two multi-family residential buildings with 310 units, and approximately 1100 structured parking spaces (the "Project"). • Considerations: Olympia proposes to pay a total of $1,800,000 for the Property ($240,000 per usable acre), and would be responsible for costs associated with designing and constructing the Project. The anticipated private investment is between $91-97 million, exclusive of parking costs. Olympia intends to apply for an Economic Development Investment Program grant of approximately $600,000 from the City of Virginia Beach Development Authority to offset costs associated with road improvements, wetland mitigation, and sewer and stormwater improvements. In addition to the EDIP, Olympia has requested that the City pay incentives toward the cost of constructing the parking structures in an amount up to $8.2 million. These incentives would be paid from incremental real estate taxes paid at the Project. This is similar to the incentive offered in the CityView development to be built at the corner of Bonney Road and Constitution Drive. Like CityView, a portion of the parking to be constructed would be open to the public. All obligations of the City would be subject to annual appropriation. • Public Information: This matter was briefed to City Council in open session on April 16, 2019. A public hearing will be held on May 7, 2019, and was advertised in the The Virginian-Pilot on April 28, 2019, as required by Section 15.2-1800 Code of Virginia. Advertisement of the City Council Agenda. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to sell the Property to Olympia, contingent on reaching a mutually acceptable agreement to be brought before City Council for approval. • Attachments: Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Economic Development' City Manager: VB Virginia Beach APPLICANT'S NAME Olympia Development Corporation 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 j Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for Board of Zoning (EDIP) _ Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board L— The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cir;Council meetinu that pertains to the application(s). 0 ; APPLICANT NOTIFIED OF HEARING DATE I 0 f NO CHANGES AS OF DATE: ❑ REVISIONS SUBMITTED DATE: +r_ ini Heads n Check here if the APPLICANT iS NOT T 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:O�mpia Development Corp_____ If an LLC, list all member's names: Cecil V. Cutchins Cecil V. Cutchins, Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) Cecil V. Cutchins Cecil V. Cutchins, Jr. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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. C 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: i'f�[y D V a . etz.c,Ie‘ If an LLC, list the member's names: waspamfaellagamsmaraimagasarisammaii Page 2 of 7 tight i' bed.L t • 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 P 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 an, business operatinc or to be operated on the Propert;. 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 Page3of7 APPLICANT 1'irkit�ii seac'. YES NO SERVICE PROVIDER (use additional sheets if needed) ® (l Accounting and/or preparer of BDO your tax return F,� n Architect / Landscape Architect/ Rule Joy,Trammell&Rubio Land Planner Siska-Aurand ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed �( purchaser of the subject property (identify purchaser(s) and purchaser's service providers) I ® Construction Contractors I I Engineers/Surveyors/Agents American Engineering Financing (include current TowneBank nmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Wolcott Rivers, P.C. Real Estate Brokers / MAgents/Realtors for current and anticipated future sales of the subject r rorert� 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 NIB 1,ti!(,'. 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 pieeting of any public body or committee in connection with this Application. • Fr APPLICA� {.AGN r PRINT NAME DATE if Page 5 of 7 OWNER Virginia Beach YES NO SERVICE needed PROVIDER (use additional sheets if ❑ E Accounting and/or preparer of your tax return E Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ t purchaser of the subject property i (identify purchaser(s) and '' II purchaser's service providers) Construction Contractors C [_J Engineers/ Surveyors/Agents Financing (include current ITmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) f l Legal Services Real Estate Brokers / (—1 I Agents/Realtors for current and I I u l anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO an ios an official ithe subject land or any'prop sedty of ldevelopme tnia Beach he interest in ❑ ❑ f 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 t 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 4 ,,,,,,ts, ,,,,,„ _3„,:,..,,„..,.., PUBLIC HEARING SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City-owned properties in the Interfacility Traffic Area (ITA), Tuesday, May 7,2019 at 6.'00 p.m.,in the Council Chambers of the City Hall Building(Building#1) Municipal Center, Virginia Beach,Virginia.The properties to be subject to the easement are (by location,approximate size,former owner,GPIN): North Landing Road(2.195± acres),d acquiredafrom Robert JYoder a:1nd Verda98 Fern 34 ,� Yoder, ir\) GPIN:148398-7034 North Landing Road(2.101± acres), acquired from Gregory Holestin, Jr., and Kristin E. Holestin, GPIN: 1493-08-0095 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared"excess of the City's needs." If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building#2, Room 392,(757)385-4161. All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:April 28,2019 s „may 1 74 11 ,,t±atcrabe F 't4Wv,pr PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,May 7,2019,at 6.:00 p.m.in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease of the following City- owned property: Residential dwelling located at 2089 Indian River Road (Part of 2403-81-7788) Any questions concerning this matter should be directed to Public Works- Facilities Management Office,Municipal Center, Bldg. 18, Room 228, Virginia Beach Municipal Center,(757)385-5659. 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 Pilot April 30,2019 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE Excess Restrictive Easements over City Property located on North Landing Road in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell same to the United States of America 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of a City-Owned Residential Dwelling for up to five (5) years at 2089 Indian River Road 3. Ordinance to AMEND City Code Section 12-2 re liability for expenses incurred in fighting certain fires 4. Resolution to ESTABLISH a City Council Policy re advertisement of public notices for tax or fee increases (Requested by Council Member Moss) 5. Ordinance to GRANT a Non-Exclusive Franchise Agreement with ExteNet Systems (Virginia) LLC re install and maintain network facilities for wireless telecommunications services in the public streets and rights-of-way 6. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 7 to the Multi- Year Agreement between the United States of America and the City re prevent encroachment and incompatible development in the vicinity of Naval Air Station Oceana (NAS Oceana) 7. Ordinances to ACCEPT and APPROPRIATE: a. $400,000 from Home Associates of Virginia to CIP 7-048 Sherwood Lakes Drainage Improvements re stormwater drainage improvements within Sherwood Lakes Neighborhood b. $66,000 from Virginia Beach Library Foundation to FY2018-19 Library Department Operating Budget re purchase of an outreach vehicle c. $80,000 from Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY2018-19 Human Services Operating Budget re increase staffing to support Emergency Services Crisis pre-screens d. $33,716 from Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY2018-19 Human Services Operating Budget re forensic discharge planning from jail for individuals with a serious mental illness/substance abuse disorder e. $294,657 from Virginia Department of Behavioral Health and Developmental Services (DBHDS) to FY2018-19 Human Services Operating Budget re staff law enforcement officers at the Crisis Intervention Team (CIT) Assessment Site f. $30,000 from Virginia Department of Criminal Justice Services to FY2018-19 Police Department Operating Budget re enhance efforts to address internet crimes against children 8. Ordinance to TRANSFER $328,450 from General Fund Reserve for Contingencies to FY2018-19 Office of Voter Registration and Elections Operating Budget re costs associated with the primary elections on June 11, 2019 `V�'HUti`• �J � �i�77 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties located on North Landing Road (GPINs: 1483-98-7034 and 1483-08-0095) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: May 7, 2019 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy in the amount of $16,449,295 for approximately 1,919 acres and in exchange for the Marshview property located within the Seatack neighborhood. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former Owner City's Cost Purchase Funds to Be Acres to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 North Landing 2.195 1483-98-7034 Yoder $140,000 $70,000 $35,000 Road 2 North Landing 2.101 1493-08-0095 Holestin $140,000 $55,000 $27,500 Road TOTAL 4.296 $280,000 $125,000 $62,500 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3053C, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified on the table shown herein would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth up to 50% of the purchase price paid for these ITA acquisitions, for a total sales price of$125,000. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The proceeds from the sale of the Restrictive Easements over both properties in the amount of $125,000 will be received; $62,500 of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $62,500 will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting De, - • m nt/A. -ncy: Public Works/Real Estate at 7 itCity Manager: 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES LOCATED ON NORTH LANDING 3 ROAD (GPINS: 1483-98-7034 AND 1493-08-0095) IN THE 4 INTERFACILITY TRAFFIC AREA TO BE EXCESS PROPERTY 5 INTERESTS AND AUTHORIZING THE CITY MANAGER TO 6 CONVEY SAME TO THE UNITED STATES OF AMERICA 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 9 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 10 Virginia, which properties are identified as follows (collectively, the "Properties"): 11 12 1. North Landing Road (2.195± acres), acquired from Robert J. Yoder and 13 Verda Fern Yoder, GPIN: 1483-98-7034 14 15 2. North Landing Road (2.101± acres), acquired from Gregory A. Holestin, 16 Jr. and Kristin E. Holestin, GPIN: 1493-08-0095 17 18 WHEREAS, on September 27, 2007, the City and the United States of 19 America, Department of the Navy (the "Navy") entered into an agreement (the 20 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 21 incompatible development; 22 23 WHEREAS, the terms and provisions of the Encroachment Partnering 24 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 25 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 26 AICUZ Area, and in exchange the Navy,will pay to the City 100% of the fair market 27 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 28 property the City acquired; 29 30 WHEREAS, the City acquired the Properties pursuant to the ITA 31 Acquisition Program, an element of the City's BRAC response program; 32 33 WHEREAS, the City funded the acquisition of the Properties through a 34 partnership with the Commonwealth of Virginia (the "Commonwealth"); and 35 36 WHEREAS, the City Council of the City of Virginia Beach finds that the 37 Restrictive Easements over the Properties are in excess of the City's needs and finds 38 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 39 Encroachment Partnering Agreement, as amended, will allow the City and the 40 Commonwealth to recover a portion of the funds paid for the Properties. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 1. That Restrictive Easements over the Properties identified above are 46 hereby declared to be in excess of the needs of the City of Virginia Beach; 47 48 2. That the City Manager is hereby authorized to execute any documents 49 necessary to convey the Restrictive Easements to the Navy, in substantial conformity so with the terms and provisions of the Encroachment Partnering Agreement dated 51 September 27, 2007, as it has been or may be amended, and such other terms, 52 conditions or modifications as are deemed necessary and sufficient by the City Manager 53 and in a form deemed satisfactory by the City Attorney; and 54 55 3. That revenue from the sale of the Restrictive Easements over both 56 properties in the amount of $125,000 will be received; $62,500 of the amount will be 57 deposited for appropriation in future Capital Improvement Program capital budgets in 58 #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $62,500 59 will be deposited for future payment by the City Manager to refund the Commonwealth's 60 portion in accordance with the grant agreement. 61 62 This ordinance shall be effective from the date of its adoption. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 65 day of , 2019. R-1 4/16/2019 CA14427 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d001\p027\00552494.doc A" - •VED AS T. • TENTAtoi APPROVED AS TO CONTENT tfi5. Pr c ,_. 7 , R 4, . i\ 'ublic W+%r s/Real EstateBudget & Management Services APPROVED AS TO LEGAL SUFFICIENCY Citytorn y's ice SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade- general merchandise Y Y Retail trade- food Y Y Retail trade - automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade- eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y V Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y Lu \� Q a E / p [3 `�? a) N Q - al « 3 ) W LL q 0 i a 0 W 10 d M a' ri � 2 � I` 1 o Co to N o a 1� Zw � °? o 1 O � Zehz � o Q D w d• Q N N Ill 1 DoOw ? d Jwa � 7 a Ce d CD a C IE cc a ` 'U \ w a r, {� z u Lam.--� p cc ? LL w /� w 0 -1 a > 0 c cc c O 4 LL « -moo FARMS LN \ m a z u �— Q a ?z:9 a rn m L O1 a N L N 2 1 IL Q X 0m1 O a ii- z d '~ '~ a w Q N CSI it N a \\ 0 0 a z Q Q u O O O t a Q l7 (9 ` v z z a 0 z z c 1 z z g g Q el LT, = = L Illi \l o 0 o x a z z �t [I CH \ r N N CO 1 W 1tt _ LA O .- ~ N V a) I LI p COcn MI o��1, : c d z° Z L-- •— 'a o A 1 .� Z d Q d = N Iii •:', J m u> 0 o ai O- O o 9 a O N w 2 rnod � O. d m e; A N .0 w Z 7:3 co ch a = U Z a �. d00 O DNI -°-°Q....., P1 J pU Z < Sok w w ti r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with John Doe for the City-owned Dwelling Located at 2089 Indian River Road MEETING DATE: May 7, 2019 • Background: In 2001, the City acquired a residential dwelling (the "Premises") as part of the small horse farm at 2089 Indian River Road (GPIN 2403-81-7788). The Police Department's Mounted Patrol facility is located on the property and the Police Department prefers to lease the Premises to a police officer. The current tenant, a police officer, desires to continue leasing the Premises. For security reasons, the Police Chief has requested that the name of the tenant not be publicly released. • Considerations: The lease would be on a month-to-month basis and can be terminated by either party with thirty (30) days' written notice. In no event shall the term of the lease extend beyond May 31, 2024 without City Council's approval. The tenant has agreed to pay $850.00 per month rent and perform all necessary routine maintenance and repairs to keep the Premises clean and in good condition. The City would be responsible for maintenance and repair of the heating, air conditioning and electrical systems. The Premises would be used solely as the tenant's residence. • Public Information: The Public Hearing was advertised (online only) in The Beacon on April 28, 2019. Because the ad was only published online, the Public Hearing was readvertised in print version on April 30, 2019 in The Virginian-Pilot; Advertisement of City Council Agenda. • Alternatives: Approve lease agreement as presented, change terms and conditions of the lease agreement or deny leasing of subject Premises. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH JOHN 3 DOE FOR THE CITY-OWNED DWELLING 4 LOCATED AT 2089 INDIAN RIVER ROAD 5 6 WHEREAS, the City of Virginia Beach (the "City") owns a residential 7 dwelling (the "Premises") located on its property at 2089 Indian River Road 8 (GPIN 2403-81-7788) (the "Property"); 9 10 WHEREAS, the Police Department's Mounted Patrol facility is located on 11 the Property; 12 13 WHEREAS, the Police Department prefers to lease the Premises to a 14 police officer; 15 16 WHEREAS, John Doe, the current tenant (the "Tenant"), is a police officer 17 and desires to continue leasing the Premises; 18 19 WHEREAS, the Police Department has requested that the name of the 20 Tenant not be publicly released for security reasons; and 21 22 WHEREAS, the Tenant desires to enter into a formal lease agreement 23 with the City in accordance with the terms and conditions set forth in the 24 Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager, or his authorized designee, is hereby authorized to 30 execute a lease agreement between John Doe and the City of Virginia Beach for 31 the Premises located at 2089 Indian River Road, in accordance with the 32 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 33 such other terms, conditions or modifications as may be acceptable to the City 34 Manager and in a form deemed satisfactory to the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 37 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t(ziti4Aik 4. Public Works / Facilities City Attorney P1C-- Management CA14648 \\vbgov.com\dfs l'applications\citylaw\cycom32\wpdocs\d019\p031\00556698.doc R-1 April 23, 2019 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: John Doe (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (Portion of GPIN 2403-81-7788) TERM: Month-to-month tenancy, commencing June 1, 2019, and shall not extend beyond May 31, 2024. RENT: $850 per month RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition, at his sole expense (except heating, air conditioning and electrical). • Tenant will maintain renter's general liability insurance coverage with policy limits of not less than $1,000,000 combined single limits per occurrence and will name the City as additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. TERMINATION: Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. 1 r Z 4 G `ii-. atm} •"5 • „sem •- '. I —� eT, i.I. - - W f0 [ W ^, Al O cc N co C z CL) 00 0 N i Q . as z =' zw r Oo J i + x1 € 1� iF ` �vQ y* LL 0 . # - a WI c r1 21-if Virginia Beach APPLICANT'S NAME John Doe, Tenant 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 Exceition 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 disd(„ i res contained in this form are necessary to inform public officials who may vote ol; the application as to whetK r they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE OR CII Y USE ONL' /s`- l c Nviirrc5 ❑ruspfl t I y Page 1 of 7 c-C'Untn „iYe'i- thrt tc thr �_ I vCt onr Si. • APR SCANT NOTIFIED OF HEAPING Cts i O ' NO CHANGES AS or L? RFVISIC S SUBMITTED I DA-I._- I__ 1 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT ISa corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: (' If an LLC, list all member's names: If a CORPORATION, list the 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 d}ferent_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. j (A) List the Property Owner's name:_ �- i� n 1v1 t^� fa "' e o-G h__ If an LLC, list the member's Li names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • _ _ _ . e 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) Accounting and/or preparer of your tax return X_• Architect/ Landscape Architect/ Land Planner ill Contract Purchaser(if other than rthe Applicant)-identify purchaser and purchaser's service providers i-- Any other pending or proposed T purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 7 Construction Contractors .- I Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders /h., selected or being considered to provide financing for acquisition or construction of the property) i g Fl �., 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 1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Tenant is a Virginia Beach Police Officer Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _Annlirtinn • ; APPLICAtJr'S SIGNATURE I PRINT NAME i DATE Page 5 of 7 { f OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) • Accounting and/or preparer of your tax return II 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 / 1-1 Agents/Realtors for current and anticipated future sales of the subject property J SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n nan 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 wir r 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 11" ` CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Section 12-2 of the City Code Pertaining to Liability for Expenses Incurred in Fighting Certain Fires MEETING DATE: May 7, 2019 • Background: City Code § 12-2 sets forth circumstances under which the City may recover expenses for fighting certain fires based upon the authority of Virginia Code § 18.2-88. These amendments update the City Code to accurately conform to the current language set forth in § 18.2-88. ■ Considerations: This ordinance serves to amend the City Code section so that it correctly mirrors the applicable Virginia Code section. It was previously placed on the December 11, 2018 Agenda and was deferred to allow time for it to be presented to the Agricultural Advisory Commission for input. The ordinance was presented to the Commission at their meeting in April and no concerns were expressed by the members of the Commission at that time. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval ', Submitting Departet/Agency: Fire ' ` City Manager: \!______,' 1 AN ORDINANCE TO AMEND SECTION 12-2 2 OF THE CITY CODE PERTAINING TO 3 LIABILITY FOR EXPENSES INCURRED IN 4 FIGHTING CERTAIN FIRES 5 6 SECTION AMENDED: § 12-2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 12-2. - Liability for expenses incurred in fighting certain fires. 15 Any person who negligently, carelessly or intentionally, without using r asonablc carc 16 and prccaution to prevent its escape, starts a sets any woods or marshes on fire w 17 _ _ • _ • _ - _ e, e - - . .e _ _ - - •e e _ _ - _ _ _ _ _ e, or sets fire to 18 any stubble, brush, straw, or any other substance capable of spreading fire on lands, 19 whereby the property of another is damaged or jeopardized, shall be guilty of a Class 4 20 misdemeanor, •- _ _ _ _ _ _ _ - - e-- - •--e_ _ _ - - _ e _ _ - —tee - 21 _ _21 and other ordinances of the city, and shall be liable for the full amount of all expenses 22 incurred by the city in fighting or extinguishing such fire. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Fire Department City Attorney's Office CA14587 R-1 November 29, 2018 [ <40'!'"PIPZI,,, 44A- i.ii :9; % CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Establish a City Council Policy for the Advertisement of Public Notices for Tax or Fee Increases MEETING DATE: May 7, 2019 ■ Background: When a public notice for a tax or a fee increase is placed in the newspaper, the residents assume the notice was made at the behest of the City Council. To align the expectations of the residents with the will of the City Council, this item presents a new City Council policy whereby the City Manager and City Clerk are required to secure the affirmative approval of the Council prior to placing an advertisement in the newspaper for a tax or a fee increase. • Considerations: The proposed policy will require additional disclosure and transparency prior to the placement of advertisements in the newspaper for a tax or a fee increase. • Public Information: Normal Council Agenda process. • Attachments: Resolution; Policy Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO ESTABLISH A CITY COUNCIL 2 POLICY FOR THE ADVERTISEMENT OF PUBLIC 3 NOTICES FOR TAX OR FEE INCREASES 4 5 WHEREAS, the City Council desires to provide clear direction to the City Manager 6 and City Clerk as to the necessary steps required prior to the placement of an 7 advertisement of a public notice in the newspaper for a tax or fee increase; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA, THAT: 11 12 The City Manager and the City Clerk are to follow the attached City Council Policy 13 regarding the placement of advertisements in the newspaper for a tax or fee increase. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: / City Attorney's Office CA14736 R-1 April 19, 2019 y 4.1 pi-- ,,_ ____ ii1.1 V .77.--- t . r55.) �t $ij s v� ..„ ....„ 1- City Council Policy Title: The Placement of Advertisements in the Newspaper for a Tax or Index Number: Fee Increase Date of Adoption: Date of Revision: Page 1 of 1.0 Purpose and Need The purpose of this policy is to provide clear guidance to the City Manager and the City Clerk in the placement of advertisements in the newspaper for a tax or fee increase. This policy is intended to require the affirmative approval of the City Council prior to the City Manager or the City Clerk making a public statement that will be attributed to the City Council regarding any tax or fee increase. 2.0 Requirement Prior to the placement of any advertisement related to a tax or a fee increase, the City Manager or the City Clerk shall seek and receive approval from the City Council. The approval of the City Council shall come in the form of a motion, a resolution, or an ordinance. The City Manager shall make arrangements to obtain the approval required in the preceding paragraph in sufficient time to meet the statutory or charter requirements for the presentation of the Manager's Proposed Annual Budget. 3.0 Definitions For purposes of this policy, the term "fee increase" shall include all fees required to be advertised in the manner set forth in § 15.2-107 of the Code of Virginia,and the term"tax increase"shall mean those taxes or levies required to be advertised by § 58.1-3007 of the Code of Virginia. 4.0 Applicability This policy shall apply to any public notice regarding a tax increase or a fee increase. 5.0 Revisions to Policy The City Council may revise this policy at any time. Title: The Placement of Advertisements in the Newspaper for a Tax or Fee Index Number: Increase Date of Adoption: Date of Revision: Page 2 of 2 Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date I 114, (u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Non-exclusive Franchise to Install and Maintain Network Facilities for Wireless Telecommunications Services in the Public Streets and Rights-of-Way of the City to ExteNet Systems (Virginia) LLC MEETING DATE: May 7, 2019 • Background: ExteNet Systems (Virginia) LLC ("ExteNet") designs, owns and operates multi-carrier, neutral host, and multi-technology distributed networks to ensure multiple Wireless Service Providers (WSPs) can provide their services in the most effective and efficient manner. Distributed networks ensure wireless network elements like low-powered antennas and access points are brought closer to the user to ensure a high quality network that enable ubiquitous and high-capacity wireless broadband connectivity for the WSPs and their customers. ExteNet has requested a franchise to occupy the City's streets and rights-of-way to install and maintain their distributed network system for wireless telecommunications services throughout the City. • Considerations: The ordinance grants ExteNet a non-exclusive 5-year franchise. Such franchise shall comply with the terms and conditions set forth in the attached Summary of Terms. • Public Information: The public hearing was advertised on April 7, 2019 as required by Virginia Code Section 15.2-1813. The public hearing was held on April 16, 2019. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of ordinance Submitting Department: Department of Public Works rp City Manager: 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO INSTALL AND MAINTAIN 3 NETWORK FACILITIES FOR WIRELESS 4 TELECOMMUNICATIONS SERVICES IN THE 5 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 6 CITY TO EXTENET SYSTEMS (VIRGINIA) LLC 7 8 WHEREAS, ExteNet Systems (Virginia) LLC ("ExteNet"), having its principal 9 office at 3030 Warrenville Road, Suite 340, Lisle, Illinois, designs, owns and operates 10 multi-carrier, neutral host distributed networks for use by multiple Wireless Service 11 Providers (WSPs); 12 13 WHEREAS, ExteNet desires to use and occupy the City's streets and public 14 rights-of-way for the purpose of installing and maintaining its distributed network 15 system; and 16 17 WHEREAS, the City is agreeable to allowing ExteNet to use the City's public 18 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 19 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 20 (the "Summary of Terms"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby authorizes the City Manager to execute a franchise 26 agreement with ExteNet Systems (Virginia) LLC for a term of five (5) years, in 27 accordance with the Summary of Terms and such other terms, conditions or 28 modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eaAalori PAi ENT OF PUBLIC WORKS CITY ATTORNEY'S OFFICE CA14 April 3, 2019 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d027\p033\00543958.docx EXHIBIT A EXTENET SYSTEMS (VIRGINIA) LLC NON-EXCLUSIVE FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and ExteNet Systems (Virginia) LLC ("ExteNet") Term: Five (5) years. Franchise term may be extended beyond 5 years by mutual agreement of the parties and City Council action. Fee: No franchise fee (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee); applicable permitting fees, including $1000 one-time fee for all new poles installed in the public rights-of-way. Installation: ExteNet is required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of the City. Relocation: If any of ExteNet's facilities interfere with the construction, operation, maintenance, repair or removal of the City's public works or public improvement projects, ExteNet will be responsible for removal or relocation of its facilities, at its sole expense. Permitting: ExteNet will be responsible for obtaining all governmental permits as necessary to install, maintain and repair its facilities. Insurance: Commercial General Liability (min. $2 million); Automobile Liability (min. $1 million); Pollution Liability Insurance ($1 million). Alternatively, may have $5 million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond. Alternatively, $75,000 surety bond. ,-- "IVB Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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 ,,c, G,TY ',_E�N:., - - - - - -- Page 1 of 7 El A.PPL'GANT NOT - ED O Hc-\P - JA! ND DHANCES SOr = Ll J ;I lq 0 r S S_F 1!TTED - Virginia Beach 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 other unincorporated organization. (A) List the Applicant's name: ExteNet Systems (Virginia), LLC If an LLC, list all member's names: f Th �T S�(S T�1S, 1/`l SOLE M Eff 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) p Lc SEE- pt-T- N-Eb H See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Li o / k \ \\\ 0 cu / / \ \ \ _ 0 ---. - gn 7 / e k0 CU I- / ( 2 A / & 3 \ . � - 0-, � - -- . / ..y 3 a . m = 3 co / 0 s rcs - % * \ . Z . ° m</-= •_. \; . . ` 0 6 . . . . . Z _ & 0 / X 0 a - / % t Z c e \ : a \ CS)« > x c --. - -© / a �< _ 0 3 -0[ \5 z c = c \«\ LO ° o ....... « i - % _ 2 g 0 t ® c C3 \ . t » & m 3 = 3 / / * . - .. . . . . m 0 ± cƒ \ ƒ Ln / ° \ G. ( / 0 a ƒ e 0d — \ o % 7 \ / { < e m § Z >, § 01 tz k / § o \ \d _ . . . . . , . - t .Zo '% Q. G \ . g / % k /( k — S = m/v o \\ ~ © CE 2 / # £ Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors XEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / X 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 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicatio . J sI RA14 ORILE)J( 03101)R APPLICANT'S SIGNATU'E PRINT NAME DATE Page 5 of 7 AB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than 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 / 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 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 el4N-it 1. J -♦Wrw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Amendment No. 7 to the Multi-Year Agreement Between the United States of America and the City to Prevent Encroachment and Incompatible Development In The Vicinity Of Naval Air Station Oceana (NAS Oceana) Approved by ORD-3000B, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3449C MEETING DATE: May 7, 2019 ' Background: Pursuant to Ordinance 3000B, adopted on September 25, 2007, the City entered into a multi-year agreement with the United States of America, Department of the Navy (the "Navy") in which the parties agreed that the City would convey to the Navy restrictive easements over property the City acquires in the Inter- facility Traffic Area (the "ITA"), and the Navy would pay the lesser of 100% of the fair market value of the easement or 50% of the appraised fair market value of the property acquired by the City (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement was amended by Ordinance 3053C adopted on September 23, 2008, Ordinance 3178D adopted on May 10, 2011; ORD-3259P adopted on September 11, 2012, ORD-3333U adopted on March 11, 2014, and ORD-3449C adopted on May 3, 2016. To date, the City has sold easements to the Navy pursuant to the Encroachment Partnering Agreement totaling approximately $17.4 million and covering 1,951 acres. The parties amended the Encroachment Partnering Agreement in 2016 to extend the Agreement between the City and the Navy until September 30, 2019. There are still a few of the City's ITA acquisitions that can be partnered, and the Navy has additional funds reserved for this project. Therefore, the parties would like to enter into Amendment No. 7 to the Encroachment Partnering Agreement to extend the term up to three (3) additional years, through September 30, 2022. The City has amended the Encroachment Partnering Agreement six (6) times to accomplish various process adjustments, to extend the term, and to expand the program into the Rural AICUZ Area (RAA). ' Considerations: Amending the Encroachment Partnering Agreement is in accordance with the City's ongoing efforts to partner with the Navy to retain NAS Oceana as the East Coast Master Jet Base and is an effective means of accomplishing the shared goal of preventing future encroachment around the bases. • Recommendation: Approval. ' Recommendation: Approval. • Attachments: Ordinance and Summary of Terms of Amendment No. 7. Recommended Action: Approval Submitting Departme . A •ency: Public Works/Real Estate epL City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 7 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 6 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD-3000B, ORD-3178D, ORD-3259P, ORD-3333U, 9 AND ORD-3449C 10 11 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of 100% of the fair market value of the easement or 17 50% of the appraised fair market value of the property acquired by the City (the 18 "Encroachment Partnering Agreement"); 19 20 WHEREAS, as authorized by Ordinance ORD-3449C, adopted on May 3, 2016, 21 the City and the Navy modified the Encroachment Partnering Agreement to extend the 22 Agreement until September 30, 2019; 23 24 WHEREAS, the City and the Navy wish to further modify the Encroachment 25 Partnering Agreement to extend the Agreement for up to an additional three (3) years 26 (through September 30, 2022); 27 28 WHEREAS, all of the other terms of the Encroachment Partnering Agreement, as 29 amended previously, will remain the same; and 30 31 WHEREAS, the City Council finds that amending the Encroachment Partnering 32 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 33 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 34 accomplishing the shared goal of preventing future encroachment around the bases. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute Amendment No. 7 to the 40 Encroachment Partnering Agreement to the extent such modifications are in substantial 41 conformity with the Summary of Terms attached hereto as Exhibit A and incorporated 42 herein and such other terms, conditions or modifications as may be acceptable to the 43 City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2019. CA14645 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d019\p031\00549687.doc 4/4/19 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /bie. 1,10 =u•Iic •rks/-eaI Estate City Attorney's Offi SUMMARY OF TERMS OF AMENDMENT NO. 7 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 7: Amends the Encroachment Partnering Agreement to: • Extend the Agreement for three years, until September 30, 2022. • All other terms of the Encroachment Partnering Agreement, as previously amended, remain the same. C ze �cc� Ss, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $400,000 in Developer Contributions to CIP 7-048 Sherwood Lakes Drainage Improvements MEETING DATE: May 7, 2019 • Background: CIP 7-048 Sherwood Lakes Drainage Improvements provides the design, acquisition, and construction of stormwater drainage improvements necessary to alleviate the bank overtopping of the existing two neighborhood lakes, as well as roadway flooding, located within the Sherwood Lakes neighborhood. The drainage improvements include a large storm drain pipe culvert to inter-connect the two lakes, as well as ditch and channel improvements to the receiving downstream ditches and channels. An agreement dated November 2, 2018 was executed between the City and Home Associates of Virginia (HAV), the developer of the Sherwood Lakes neighborhood. In this agreement, HAV agreed to pay to the City $400,000 for "HAV's share of cost of connecting two lakes at Sherwood Lakes." This project will improve stormwater discharge from both lakes to relieve the widespread flooding. • Considerations: The City of Virginia Beach received a one-time payment of $400,000 from the developer for use in construction of Sherwood Lakes Drainage Improvements CIP 7-048. If this item is approved, the total appropriation for this CIP 7- 048 will be $3,400,000. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep-rtm- . agency: Public Works T City Manager: \ \j ►.r11' 1 AN ORDINANCE TO APPROPRIATE $400,000 IN 2 DEVELOPER CONTRIBUTIONS TO CIP 7-048 3 SHERWOOD LAKES DRAINAGE 4 IMPROVEMENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $400,000 in developer contributions from Home Associates of Virginia, the 10 developer of the Sherwood Lakes neighborhood, is hereby accepted and appropriated to 11 CIP 7-048 Sherwood Lakes Drainage Improvements for the purpose of drainage 12 improvements in the neighborhood. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ; ) Budget and Management Service City Attorney's Office CA14738 R-1 April 23, 2019 ' >1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $66,000 from the Virginia Beach Library Foundation to the Library Department's FY 2018-19 Operating Budget MEETING DATE: May 7, 2019 • Background: The Virginia Beach Library Foundation was established in 1982 to secure, manage and invest privately raised funds, gifts and bequests in support of Virginia Beach Public Libraries. The Foundation provides funds in support of library programs, materials and technology. Included in the Foundation's funding priorities, which align with the Department of Libraries' strategic plan, is the purchase of outreach vehicles. The Foundation has given $66,000 to the City of Virginia Beach Public Libraries for the purchase of a Ford Transit cargo van for outreach services. The vehicle will be used primarily to support children's programs and allow libraries to bring books and supplies for programs to smaller school locations where the Bookmobile is unable to travel. • Considerations: These funds are being donated by the Virginia Beach Library Foundation and will be used to purchase an outreach vehicle for the Department of Libraries. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting DepartAgency: Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $66,000 2 FROM THE VIRGINIA BEACH LIBRARY FOUNDATION TO 3 THE LIBRARY DEPARTMENT'S FY 2018-19 OPERATING 4 BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $66,000 from the Virginia Beach Library Foundation is hereby accepted and 10 appropriated, with revenues increased accordingly, to the FY 2018-19 Operating Budget 11 of the Department of Libraries to purchase an outreach vehicle for the Department. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L), cjI(A), Budget ana Managemen ervices City Attvfneys Office CA14741 R-1 April 23, 2019 if.6 'tg�, fes 17al � ,4 '`J iLw: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Community Services Board to Provide Emergency Services MEETING DATE: May 7, 2019 • Background: The Department of Human Services has received an award of $80,000 in one-time regional state funds from the Virginia Department of Behavioral Health and Developmental Services (DBHDS)'s Health Planning Region V. The funds will be used to increase staffing to support Emergency Services Crisis pre-screeners in meeting response-time mandates and enhance data tracking for internal reporting. The Performance Contract between DBHDS and the City's Community Services Board mandates that qualified Emergency Services staff be available by telephone 24 hours per day, within 15 minutes of the initial call, and requires extensive documentation of assessments and responses. • Considerations: This award will be used to fund contracted manpower to assist with: • Answering crisis calls • Facilitating bed searches and transfers for individuals in need of immediate hospitalization • Civil commitment processes and hearings • Data tracking and reporting This one-time funding does not require additional support from the General Fund. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depa i, a agency: Department of Human Service -- \ r` .- City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE COMMUNITY SERVICES BOARD TO PROVIDE 3 EMERGENCY SERVICES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $80,000 from Health Planning Region V of the Virginia Department of 9 Behavioral Health and Developmental Services is hereby accepted and appropriated, 10 with revenue from the Commonwealth increased accordingly, to the FY 2018-2019 11 Operating Budget of the Department of Human Services to fund contracted manpower 12 needs related to Emergency Services Crisis pre-screens and reporting for the Community 13 Services Board. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • &LA �� , \2 r--- udget and Management Servicjes City Attorne?s Office CA14739 R-1 April 23, 2019 �1c+U BfA-1 t J 1`«rY�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $33,716 from the Virginia Department of Behavioral Health and Developmental Services for Forensic Discharge Planning and Services MEETING DATE: May 7, 2019 • Background: The Department of Human Services has received an award of $33,716 in one-time state funds from the Virginia Department of Behavioral Health and Developmental Services to aid in forensic discharge planning from jail for individuals with a serious mental illness (SMI) or co-occurring SMI/Substance Use Disorder. • Considerations: Providing adequate supports to individuals transitioning from incarceration enhances their chances for successful re-entry into the community. Funds will be utilized for: • Emergency, supervised, and supported housing • Transportation vouchers • Medication • Food, clothing, and hygiene supplies • Fees for Behavioral Health services This is one-time funding that does not require additional support from the General Fund. Any funds remaining at the end of the fiscal year may be carried forward for the same purpose until exhausted. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depa ea/Agency: Department of Human Service City Manager: ; ��. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $33,716 2 FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL 3 HEALTH AND DEVELOPMENTAL SERVICES FOR 4 FORENSIC DISCHARGE PLANNING AND SERVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $33,716 from the Virginia Department of Behavioral Health and 10 Developmental Services, is hereby accepted and appropriated, with state revenue 11 increased accordingly, to the FY 2018-19 Operating Budget of the Department of Human 12 Services to aid in forensic discharge planning from jail for individuals with a serious mental 13 illness or co-occurring serious mental illness/substance use disorder. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t � t,"c- i Budget and Management Services City Attorney's Office CA14740 R-2 May 1, 2019 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $294,657 from the Virginia Department of Behavioral Health and Developmental Services to Support the Assessment Site for the Crisis Intervention Team MEETING DATE: May 7, 2019 • Background: The Human Services Department has been awarded $294,657 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) in FY 2018-19. The award includes continued Crisis Intervention Team (CIT) Assessment Site funding in FY 2019-20 and subsequent years in the amount of $197,811. The purpose of these funds is to staff law enforcement officers at the Virginia Beach CIT Assessment Site. A CIT is a community partnership between law enforcement, behavioral health professionals, individuals living with behavioral health disorders, and their loved ones. It is a first-responder model of police-based crisis intervention to help individuals with behavioral health disorders access medical treatment rather than be placed in the criminal justice system due to illness-related behaviors. The Assessment Site provides a facility for police officers to transfer legal custody of individuals experiencing a behavioral health crisis to mental health professionals in a secure setting for crisis assessment. This is done in order to ensure treatment, rather than arrest, for individuals being detained for misdemeanor crimes. • Considerations: Having a sworn law enforcement officer working onsite at the assessment center will facilitate safe transfers of individuals and will allow on-duty police officers to return to the community quickly. Funding is being provided by DBHDS in recognition of the City's continued efforts to expand CIT-related law enforcement initiatives in Virginia Beach. Human Services and Virginia Beach Police Department have mutually agreed to enter into an agreement to accomplish this initiative. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De • entlAgency: Department of Human Servicesj.) City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $294,657 FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL 4 SERVICES TO SUPPORT THE ASSESSMENT SITE FOR 5 THE CRISIS INTERVENTION TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $294,657 from the Virginia Department of Behavioral Health and Developmental 11 Services, is hereby accepted and appropriated, with state revenue increased accordingly, 12 to the FY 2018-19 Operating Budget of the Department of Human Services to staff law 13 enforcement officers at the Virginia Beach Crisis Intervention Team Assessment Site and 14 for related expenses. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA14742 R-2 May 1, 2019 C oI , rr,S :'s; ly: v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2018-19 Police Department to Enhance Efforts to Address Internet Crimes Against Children MEETING DATE: May 7, 2019 • Background: The City of Virginia Beach Police Department (VBPD) is an active participant in the Southern Virginia Internet Crimes Against Children (ICAC) Task Force. In Fiscal Year 2017-18, the Southern Virginia ICAC Task Force allocated the VBPD $67,750 in funding, which was adopted and appropriated by Council in September 2017. This funding is distributed by the Virginia Department of Criminal Justice Services' ICAC Fund to the Southern Virginia ICAC Task Force through the Bedford County Sheriff's Office. The Task Force then awards the money to the VBPD as a sub- recipient. DCJS recently released Fiscal Year 2018-19 funds to Bedford County and the Southern Virginia ICAC Task Force. In turn, these entities have allocated $30,000 to the VBPD. Because this funding was delayed by the Commonwealth, the original grant's period has been extended through the end of calendar year 2019. This grant funds equipment needed for ICAC investigations, overtime for ICAC-related travel, training or other approved events, and training needed to investigate ICAC cases. • Considerations: No local match is required for this grant. If approved, the $30,000 in additional funds will add to the original grant approved in the fall of 2017, bringing the total ICAC grant to $97,750. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department g4t, - e City Manag=r: �; 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO ENHANCE EFFORTS TO ADDRESS INTERNET 3 CRIMES AGAINST CHILDREN 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA, THAT: 7 8 $30,000 from the Virginia Department of Criminal Justice Services via the 9 Southern Virginia Internet Crimes Against Children Task Force and the Bedford County 10 Sheriff's Office is hereby accepted and appropriated, with revenue from the 11 Commonwealth increased accordingly, to the FY 2018-2019 Operating Budget of the 12 Police Department for the purchase of equipment, overtime, and travel and training to 13 enhance efforts to address Internet crimes against children. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e.):3 ai\A)) --2_)N:i.:.2,49-/\ Budget and Management Services City Atto nr ey's Office CA14735 R-1 April 12, 2019 I 4N F t `s,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for the June Primary Elections MEETING DATE: May 7, 2019 • Background: The Office of Voter Registration and Elections is requesting a transfer in the amount of $328,450 for a Republican and a Democratic Primary Elections, which have been ordered in the City of Virginia Beach for June 11, 2019. State law requires localities to pay the costs of such elections. The FY 2018-19 operating budget for the Office of Voter Registration and Elections does not include funding for primary elections. • Considerations: The Office of Voter Registration and Elections estimates the total cost for the primary elections is $343,450. The Office is able to absorb $15,000 of the costs associated with the primary elections within its FY2018-19 Operating Budget. Absent specific appropriation by the General Assembly, the Commonwealth does not reimburse the locality for such elections. If this transfer is approved the balance in the General Fund Reserve for Contingencies will be $335,804. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval /, Submitting Departm: :ency: Voter Registration and Elections (, II City Manager: '�\ ►. �f- i i 1 AN ORDINANCE TO TRANSFER FUNDS FOR THE JUNE 2 PRIMARY ELECTIONS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $328,450 is hereby transferred from the General Fund Reserve for 8 Contingencies to the FY 2018-19 Operating Budget of the Office of Voter Registration 9 and Elections to pay for costs associated with the primary elections to be held June 11, 10 2019. 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: :90)/Al c)-) ----- Budget and Management Services City Attorney's Office CA14734 R-1 April 11, 2019 K. PLANNING 1. JUST BROWSING, LLC/ SUSU DEVELOPERS, LLP for a Conditional Use Permit re tattoo parlor at 1612 Laskin Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. DONNA & ROBERT GERMAN/GERMAN LIVING TRUST for a Conditional Use Permit re family day-care home at 212 Upperville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. ARMADA HOFFLER TOWER 4, LLC for a Conditional Use Permit re private college/university at 222 Central Park Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. VERDE SALON AND SPA,LLC/LAKE GEM Dl LLC for a Conditional Use Permit re tattoo parlor at 2137 Upton Drive, Suite 314 DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. AMY TURNER/STAR REAL ESTATE, LLC for a Conditional Use Permit re tattoo parlor at 4604 Pembroke Lake Circle, Unit 105 DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 6. PHIL KELLAM/VBK PROPERTIES, LLC for a Conditional Use Permit re assembly use and open-air market at 2384 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4.0e,..,114404. t 2 .44) 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, May 7, 2019 at 6:00 p.m.,at which time the following applications will be heard: Just Browsing, LLC [Applicant] SUSU Developers, LLP [Owner] Conditional Use Permit(Tattoo Parlor)1612 Laskin Road, Suite 774(GPIN 2407898434) COUNCIL DISTRICT-LYNNHAVEN Donna & Robert German [Applicant] German Living Trust [Owner] Conditional Use Permit(Family Day-Care Home) 212 Upperville Road (GPIN 1467317630) COUNCIL DISTRICT - KEMPSVILLE Armada Hoffler Tower 4,LLC[Applicant & Owner] Conditional Use Permit (Private University/College)222 Central Park Avenue (GPIN 1477554031) / COUNCIL DISTRICT-BAYSIDE • Verde Salon and Spa, LLC [Applicant] Lake Gem D1 LLC[Owner]Conditional Use Permit(Tattoo Parlor)2137 Upton Drive,Suite 314(GPIN 2414352667) COUNCIL DISTRICT-PRINCESS ANNE Amy Turner[Applicant]Star Real Estate, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 4604 Pembroke Lake Circle, Unit 105 (GPIN 1478511874) COUNCIL DISTRICT-BAYSIDE Phil Kellam[Applicant]VBK Properties, LLC [Owner] Conditional Use Permit Assembly Use&Open-Air Market)2384 Princess Anne Road and vacant parcels on Princess Anne Road (GPINS 1494924949,1494933251, 1494936055) COUNCIL DISTRICT - PRINCESS ANNE All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: 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:APRIL 21&28,2019-1 TIME EACH. c Vkai L A -, ..1 1.-v) CNI 0 .:, ...--------Al 1 H C N I I i.L.' ,..0...0•P1D0 tii:L1 mur 7 ,.,_\ II 074= 1-----__.......1.0•1 . ‘...1 . 10.00000 f ( I ri ii -• ,..-, !, • I ,--- , (_- _.\- _• oil oo 1 CO 0 , i ,C) CV Li. ._ . I vu- i p ! i * . It ---- I 1 1 7._ 041 LO 1 1 _,- to \\ L il„-------- 11 it....1 1 \,,s--1.Lx3 ,_ 1 \---Alit ii . --\ 0 it li 1 \ll ._\ .i. . 1 t ) N00, 1H:\ ,„..... wi ._. „ i , ,--„,.- c----\\ -\ ii , te \ ‘._.A \ clA iliSto 4 0 . 1 , . , •• _..,t 0 i , 4 ,, ' ,. 1 _,. \ <> 1•-:. ril. C-334 C-3 ', I\V. 1110, -4 - Ik‘- - A 14 _ its,-,5 .k,. Pr-ola lytt csizz-H, n \ \ \ ' ,f2 1 • frti : \ "" \ \ • --N -mi ,• iic5 ..\\, ,,iiii6ossi\s,\,, \-\ kiwon -- \\ ... c_s _ ro LLA \ i %‘-,1 \,, 0 ., \--\ \,, , ) \., • \ 1.. __..--' 1 . A ----' % \ 1 1.. .ii% c•-' ilb ''-'1 1 goa I „, ,. . . . ' ' lilli--------- -----,---',-, Oil— 6r-s.. t Gown • \ \ \ kt • Ir" 4, _____ .,,,,,ci.. \\:\ _. , __all ____ , , 1 __-------- ‘.......„ ,77,- / „II\ \ • co v.,,, \ , [ fiXI�yy+h'�� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JUST BROWSING, LLC [Applicant] SUSU DEVELOPERS, LLP [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 1612 Laskin Road, Suite 774 (GPIN 2407898434), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: May 7, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading, within an existing salon in the Hilltop Shopping Center along Laskin Road. According to the application, the microblading portion of the business will have one employee. The typical hours of operation will be between 10:00 a.m. - 6:00 p.m., Wednesday through Saturday. No exterior changes are proposed to the building or to the existing signage. • Considerations: In Staff's view, and the Planning Commission concurred, the proposed request is an acceptable use as it will be compatible with the other existing commercial businesses along this section of Laskin Road. As per Zoning Ordinance requirements, the proposed establishment will not be within 600 feet of another tattoo parlor or body piercing business. 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 11-0, to recommend approval of this request. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. Just Browsing, LLC Page 2 of 2 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - i - •ency: Planning Department 19/ glikCity Manager: Applicant Just Browsing, LLC Agenda Item Property Owner SUSU Developers, LLP IN �' Public Hearing April 10, 2019 City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Tattoo Parlor) 0.6 XPi \Vs\Cora\C,, Y1d'�r'a44o6' 0 O 1.4 Staff Recommendation A-75.dB DN g �, Approval �„,K,/,' ohor• �, �. i - 9.0,.01. f Staff Planner t ,...0.0.0101---.-- ' b�\are (,-,A °o Marchelle Coleman Ma `"a`'''' 64,6i f Location -,.;:N ON L Laskin Road 1612 Laskin Road, Suite 774 GPIN 4 t 20 i Ve u Court 2407898434 1 .,. °" e' er16. - A Site Size n QemNo,,� 1 • 18.4 acres 0 AICUZ APZI a Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Retail/ B-2 Community Business a� V � ., q f. Surrounding Land Uses and Zoning Districts -- ; '--.-,,..-1,-,iE.. JAS•" 441,,. North .,,�• -` �:r‘,4. Laurel Lane h y "�' ~ `'=` i `� • Single-family dwellings/ R-7.5 Residential ! '. '-- —' !f'` , - . ' �'h' , South ._�. l'f, -` ''`^ .� `.r - 3 {i' V.-'!"."\3r"\%'� ¢4 A Laskin Road -. ;r 41 J Ix: -. , Retail/ B-2 Community Business t y� ��, ",, l., t' -'� �..`. `11.. * '� l' East '¢j ' Retail / B-2 Community Business x , u, _ ,„1,1„ 'k� ®oaact w -,� _ West �� Retail/ B-2 Community Business Just Browsing, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading. The operation will occur within an existing salon in the Hilltop Shopping Center along Laskin Road. • According to the application, the microblading portion of the business will have one employee.The typical hours of operation will be between 10:00 a.m.—6:00 p.m., Wednesday through Saturday. • No exterior changes are proposed to the building or to the existing signage. Zoning History # Request -7:5 \\ ` _\\ • �1 RU 'g3b 1 CUP(Tattoo Parlor)Approved 03/21/2017 �a' N '4 2 CUP(Automobile Repair Garage)Approved 12/08/2015 p, orNe v �°I 3 CUP(Open Air Market)Approved 02/26/2013 7,. °e"b°• ` - 4 MOD Approved 04/28/2009 a laurel Lanc ��0 CUP(Tattoo Studio)Approved 09/23/2008 5 SVR Approved 05/11/2004 B.z ' "-- 3 L CUP(Automated Car Wash)Approved 08/27/2002 B2 6 CUP Indoor Recreation Center Approved 02/27/2001 CUP(YMCA and Child Care Center)Approved % ��'� 01/12/1993 / � 7 CUP(Private School)Approved 09/14/1999 ,.-- is t"R' CUP(Private School)Approved 05/28/1996 B2 �4 A-�2 8 CRZ(R-10& B-2 to Conditional B-2)Approved --4" - I 02/23/1999 ---1 --- --1 `— B-2- a 7 B-2-,.,1- A 9 CUP(Church)Approved 10/24/1993 -\ 1 10 CUP(Indoor Recreation Center for Children)Approved 5-2- • 02/09/1993 11 CUP(Eating& Drinking Establishment and Commercial Recreational Facility)Approved 10/13/1992 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 request for the Conditional Use Permit is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses within the shopping center and along this section of Laskin Road. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all requirements of Chapter 23 of the City Code. This section of the codes 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. Just Browsing, LLC Agenda Item 1 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Hilltop Strategic Growth Area (SGA).The Hilltop SGA is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses. The Hilltop Strategic Growth Area Master Plan provides recommendations for this SGA. The general planning principles for the Hilltop SGA includes providing a mix of retail, restaurants, and office uses; building a network of streets to improve traffic flow; and matching quality of local businesses with an equally memorable built setting. (Sec. 1.2, pp.1-47, 1—48) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. As the site is already developed, there does not appear to be any significant environmental or cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 27,300 ADT 1(LOS 2"D") Laskin Road 31,190 ADT 1 31,700 ADT (LOS 2"E") 27,300 ADT 1(LOS 2"D") No Change Anticipated 3 First Colonial Road 39,100 ADT 1 31,700 ADT 1(LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) First Colonial Road, in this vicinity, is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in a 90-foot right-of-way. The MTP proposes a six-lane facility within a 165-foot right-of-way. Currently,this segment of roadway is functioning over the maximum Level of Service "E" and there currently is no CIP projects slated for this segment of First Colonial Road. Laskin Road, in this vicinity, is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there are two lane local access roads parallel to the mainline portion of roadway. One on the south side of Laskin Road and one on the north side of Laskin Road. The existing infrastructure currently resides in a 160 foot right- Just Browsing, LLC Agenda Item 1 Page 3 of-way. The MTP proposes an eight lane facility within a 165 foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. There is a roadway CIP project slated for this area. Laskin Road— Phase I (CIP 2-156) is for the construction of an eight lane divided highway in a 160 foot right-of-way from Republic Road to Winwood Drive and a six lane divided highway in a 150 foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Construction of this project will begin in 2019. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Just Browsing, LLC Agenda Item 1 Page 4 Site Layout — Specific Unit Identified V ,nn` S1 Lr Y //� \ \,% % ,1 o — -- 1 -p a� + c•' oL o +.� -- - i =1 ,� N c:, It, co ____ _ ...___ as IU) C v folv S --ij • — --3 \ r oVilAi h ,L_ 1....A-- r`-- 06' g„.. ......... .....„..-1) u 0 • r-= \,,___-. vAili.toP94. °rt"-- -, . _...,....--.!-- el �. __ J 15 c. g---- .,7, 2 ca'3 11.0aVir - . ill V* • \ !''' :-.-- -'. C -i ,r, Nig .\--. ,--- .a _, _,_, . , „___„., „ ,..\_:: . J 5 tC0C ! ,'� = SCt eg��_ nd p+ 0 v____\ co .--HoW _ ti o� t -A r .0 41.0 -...----0 ----. 1....."..e.1 OA v_--\- ...-;') Tiel IL, ® 1�► c, to to. ' --..___ d > c -6.i.‘ %to,........--------:------- s C Tiii: *, . . .. . a, !, �,�! is. • D 2n a. m - tom` , ,+ 1� .. IIIJ1 . .... Just Browsing, LLC Agenda Item 1 Page 5 Site Photo tea.- Iola ilitik i All MI II. it _- �`. Or Just Browsing, LLC Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Just Browsing, 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 ® smoc 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 ❑ t -c - Er _ ,,�,t _ iii,g4/1 q Marchelle Coleman Just Browsing, LLC Agenda Item 1 Page 7 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:Just Browsing, LLC If an LLC, list all member's names: Julie A. Fobear If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary .' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:SUSU Developers, LLP If an LLC, list the member's names:See attached Exhibit A Page 2 of 7 Just Browsing, LLC Agenda Item 1 Page 8 Disclosure Statement NIB 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 Just Browsing, LLC Agenda Item 1 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Dawn Kroboth,Accountant 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 0 ® 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 / m 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 Just Browsing, LLC Agenda Item 1 Page 10 Disclosure Statement 1113 Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disdosure Statement Form is complete,true,and accurate. 1 I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. E - ) No ay 0-141‘.-e Po bedr Z-20-ttt S SIGNATURE PRINT NAMEDATE Page 5 of 7 Just Browsing, LLC Agenda Item 1 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '=' Accounting and/or preparer of your tax return ❑ ,=' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1=1 1 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) CIConstruction Contractors ❑ ,1 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 / Richard M.Jacobson,Leasing Agent =, ❑ Agents/Realtors for current and for Hilltop North Shopping Center 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 Just Browsing, LLC Agenda Item 1 Page 12 Disclosure Statement i Puginia Beach CERTIFICATION: I certify that all of the information contained In this Disdosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ication. 1\1\ * Richard M. Jacobson, 3-06-2019 PRO 01 's CNATURE PRINT MAID ana ing Partner DATE of SUSU Developers, LLP Alan L. Nordlinger, 3-06-2019 Managing Partner of SUSU Developers, LLP * Please note that this Conditional Use Permit is being approved by the property owner, SUSU Developers, LLP for the consent to allow the performance of permanent makeup and microblading within Salon Plaza, a tenant within Hilltop North Shopping Center. Page 7 of 7 Just Browsing, LLC Agenda Item 1 Page 13 Disclosure Statement EXHIBIT A Partners of Property Owner Property Owner: SUSU Developers, LLP Attachment to Conditional Use Permit Application (Page 2,Section 2,(A) Applicant Name: Just Browsing,LLC Names of Partners Alan Nord linger Amy R. Shook-Perez ) j Ana Salzberg Amy Pearce Stokes APSFP, LLC -- _ Charles S. Nusbaum,Trustee of the Bertram S. Nusbaum,Jr. Trust dated 8/26/1992 Beth Nusbaum Curtiss Charles S. Nusbaum Charles S. Nusbaum and Beth N. Curtiss,Trustees of the Lois S. Nusbaum Family Trust Foundation Realty George G. Ginsburg GKSFP. LLC Gordon K. Stokes Jana R. Pariser —� Jo Anne Salzberg Adams John Randolph Stokes JRSFP, LLC Exhibit A,Page 1 of 2 Just Browsing, LLC Agenda Item 1 Page 14 Disclosure Statement Julie Lynn Harrison Julie L. Harrison Irrevocable Trust Linda S. Laibstain Marc A. Shook,Trustee of the Marc A. Shook and Cynthia S. Shook Revocable Living Trust dated 6/1/2007 Matthew Salzberg Maxine H. Baicker Michael S. Pariser Richard M, Jacobson Richard Salzberg Robert C. Nusbaum Robert C.Nusbaum,Jr. Ruth H. Weinberg Sharon K. Nusbaum Stanley L. Harrison Irrevocable Inter Vivos Trust dated 8/24/1983 SunTrust Bank, Agent for Donald J. Home under IMA dated 9/14/2012 Susan H. Crittenden Thomas H. Watts TJJ Harrison. LLC TLSFP, I.LC I William J. Silberman William L. Nusbaum Exhibit A, Page 2 of 2 Just Browsing, LLC Agenda Item 1 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. Just Browsing, LLC Agenda Item 1 Page 16 Item#1 Just Browsing, LLC Conditional Use Permit (Tattoo Parlor) 1612 Laskin Road, Suite 774 District—Lynnhaven April 10,2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Oliver: Thank you. 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. Ms. Rucinski: Thank you Madam Chair. This afternoon we've gone from 9 to 5 items. So we have five items on the consent agenda. The first matter on the consent agenda is item number one. And this is an application for Just Brewing, LLC, which is an application for a Conditional Use Permit, tattoo parlor, on property located at 1612 Laskin Road, Suite 774 in the Lynnhaven District.Do we have a representative here for this application? Good morning, as you come to the podium, could you state your name for the record? Ms. Fobear: I am Julie Fobear and its Just Browsing, not brewing anything. Ms. Rucinski: Oh, I am sorry, you're asking for,my apology. Are all of the conditions acceptable? Ms. Fobear: Yes. 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 Whitney Graham to read this into the record. Mr. Graham: Just Browsing, LLC. The applicant is requesting a Conditional Use Permit for a tattoo parlor specifically for the application of permanent makeup known as microblading. The operation will occur within an existing salon and the Hilltop Shopping Center along Laskin Road. According to the application, the microblading portion of the business will have one employee. The typical hours of operation will be between 10 am and 6 pm, Wednesday through Saturday. No exterior changes are proposed to the building or to the exterior signage. We recommend approval. Ms. Rucinski: Alright, thank you. Madam Chair that is the last item on the consent agenda at this time I'd like to move that consented items number one, two, three, four, and six be approved. Ms. Oliver: Right, do we have a second? 1 Mr. Horsley: Second. Mr. Fisher: Vote is open. Ms. Sandloop:By recorded vote of 11-0, agenda items number one, two, three, four, and six have been approved by consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a"box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 2 H_ LO 8- 0, lodeo _ Nr pe r+00 N, 111:. 44) 0 riiii 1:7 \\ 0 0 - 0 411‘ 040 1111:01‘4•11:0 0 . IX . ciiii 7 \N\ N 7 C3 \ • . iiN.\\* 7 0 \N - 0 *. itbs.,s r--------- N v 4 i N44, C4 ' mq Abe, _ peoi alimJeckin__ ThL ci lkil 0 0 C:3 -7---i , c rr�' , ate tY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DONNA & ROBERT GERMAN [Applicants] GERMAN LIVING TRUST [Property Owner] Conditional Use Permit (Family Day-Care Home) on property located at 212 Upperville Road (GPIN 1467317630), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: May 7, 2019 • Background: The applicants request a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Huntington Estates neighborhood in the Kempsville District. The applicants currently provide care for four children in the home. The applicants have over 25 years of experience working with infants and pre-school aged children, and are certified in First Aid and CPR. The property has a large enclosed backyard for the children to play safely outdoors. The proposed typical hours of operation are proposed as 7:00 a.m. to 5:00 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use policies for residential areas, as it will provide a valuable service for families in the Suburban Area. To alleviate the potential for congestion of client parking in the right-of-way, Staff recommends a condition to stagger pickup and drop off times. Staff is not aware of any opposition to this request. 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 11-0, to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. Donna & Robert German Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen ' •ency: Planning Department City Manager: IL Applicants Donna & Robert German Agenda Item Property Owner German Living Trust /' Public Hearing April 10, 2019 2 City of City Council Election District Kempsville Virginia Beach Request J Conditional Use Permit (Family Day-Care r I E Home) 4•+,,,„, a F °”„w o .f O`” S) b ! `E E 5 Staff Recommendation I ( Approval \ k "(.„ Staff Planner M•"',"` "°^a Jonathan Sanders € Location p"<< 1 ..'''k., 212 Upperville Road GP I N Uuswurlh;toad 1467317630 cOYN 7!R„} Site Size 10,872 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay it i '., ' .c . Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential - f` ! t ,�. ,` Surrounding Land Uses and Zoning Districts �,? North --.1--- o, . ,_,ir- rt Single-family dwelling/ R-7.5 Residential ,y4, South . . . - f Single-family dwelling/ R-7.5 Residential t , •” t. East �- ' Single-family dwellings/R-7.5 Residentialv. i, .As. ..., , o West .. 4 }Fi L f V rG ,- Upperville Road �gj • I'".i t,' .- / Single-family dwellings/R-7.5 Residential '4,4F ;r Donna & Robert German Agenda Item 2 Page 1 Background and Summary of Proposal • The applicants request a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Huntington Estates neighborhood. • According to the application, as a matter of right, child care has been provided for up to four children in the home. The applicants have been granted a Conditional License from the Virginia Department of Social Services to care for up to four children through September 2019. • The applicants have over 25 years of experience working with infants and pre-school children in a small day care setting and are First Aid and CPR certified. Instructional programs that they are familiar with and implement in early education are Kid Crafters, Preschool Prep, and the ABeka Homeschool systems. No assistants are proposed. • The property has a large enclosed backyard for the children to play safely outdoors. • The proposed typical hours of operation will be from 7:00 a.m. to 5:00 p.m., Monday through Friday. R-7..5 1 RA.5 Zoning History IL � # Request 1 CUP Residential Kennel)Approved 05/23/2006 ° fig r 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 Conditional Use Permit request for a Family Day-Care Home is, in Staff's opinion, consistent with the Comprehensive Plan's land use policies for residential areas, as it will provide a valuable service for families in the Suburban Area. To alleviate the potential for congestion of client parking in the right-of-way, Staff recommends a condition to stagger pickup and drop off times. Staff recommends approval of this application, subject to the following conditions. Donna & Robert German Agenda Item 2 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children,other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Donna & Robert German Agenda Item 2 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Upperville Road No Data Available No Data Available Existing Land Use 3.110 ADT Proposed Land Use 64 ADT 1 Average Daily Trips 2 as defined by a single- Sas defined by a single-family dwelling 4 LOS=Level of Service family dwelling with a daycare with up to 12 kids Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Donna & Robert German Agenda Item 2 Page 4 Existing Site Layout ? -,.., U lt-, ii -.. r13 , .4144uibro Q., Q g • *Tr -,. ,, , `1,`> t , I Donna & Robert German Agenda Item 2 Page 5 Site Photos b -op ., 4 _ _ 0 . .. iAa AFF r': Vit '.: ;2 { ' 55 '7 i - O. �ea� - --- - a • ., i i - F Donna & Robert German Agenda Item 2 Page 6 Disclosure Statement Virginia Bich APPLICANT'S NAME Donna& Robert German 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 Page 1 of 7 4725/ JS Jonathan Sander. Donna & Robert German Agenda Item 2 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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:German Living Trust If an LLC, list the member's names: Page 2 of 7 Donna & Robert German Agenda Item 2 Page 8 Disclosure Statement lk)B Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Donna German, Robert German (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 Donna & Robert German Agenda Item 2 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ `�' Accounting and/or preparer of your tax return ❑ „ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 4 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 Chartway Federal Credit Union mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ 12 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 Donna & Robert German Agenda Item 2 Page 10 Disclosure Statement \/113 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. n I �. 'fY�LrC72 Durance/14. ern /- APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Donna & Robert German Agenda Item 2 Page 11 Disclosure Statement 1,13 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ '-' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 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 Chartway Federal Credit Union Real Estate Brokers / ❑ M Agents/Realtors for current and FA WI 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 Donna & Robert German Agenda Item 2 Page 12 Disclosure Statement 14/13 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. ilil 15' PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Donna & Robert German Agenda Item 2 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. Donna & Robert German Agenda Item 2 Page 14 Item #2 Donna & Robert German Conditional Use Permit(Family Day-Care Home) 212 Upperville Road District—Kempsville April 10, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you. The next item on the consent agenda is item number two. I'll try to read this one a little bit better. Donna & Robert German, an application for Conditional Use Permit for Family Day-Care Home at property located at 212 Upperville Road in the Kempsville District. Is there a representative here for this application? Could you state your name for the record? Ms. German: It's Donna German. Ms. Rucinski: And are all of the conditions acceptable to you? Ms. German: Yes, they are. Ms. Rucinski: Alright. Thank you. And the commissioner has asked Dave Weiner to read this into the record, you can sit down. Mr. Weiner: Thank you Ms. Rucinski. The applicant requests to the Conditional Use Permit for Family Day-Care at Home for up to 12 children. The applicant has over 25 years experience working with infants and preschool children, the property has a large enclosed backyard and the hours of operation will be from 7 to 5 p.m., Monday through Friday. We recommend approval and put it on the consent agenda. Ms. Rucinski: Alright, thank you. Madam Chair that is the last item on the consent agenda at this time I'd like to move that consented items number one, two, three, four, and six be approved. Ms. Oliver: Right, do we have a second? Mr. Horsley: Second. Mr. Fisher: Vote is open. Ms. Sandloop:By recorded vote of 11-0, agenda items number one, two, three, four, and six have been approved by consent. AYE 11 NAY 0 ABS 0 ABSENT 0 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one(1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day- Care Home. 2 Li ii I F U....±.....„1._ a3 „ iTi ,..., GAI.10 UORIIMISUO3 w-, , . -----_, 1 ,,--- (/ „,..,-.— ..-„,„.,„ 1 i 1 Q 11, r 9 i 0 - _ --, , a.) ir 1 ? .. c , s.......1 ti as 1, X, _ -.c ? , , 1 , 03 1 CD CO 0 1 03 I r----1 1 0 CO (13 0 ml... C 1 \\' \'\\(\i I 1)\\\‘%\\\I\.\\\\\r- 0 a) ti. ) %, .; , .., 1 ! 0 1 1 1 1_. 1 () C.) ig 9„, 101611 T r 0 1 Ica , 0 iniv a) E . co . , - . E, ;:,..... • owls lav elm c.) 1 _ . „.. . •• 1 _._ • ,- , . 1 L1 0 -• F _ . ---) ; • . , • , . . . . , 1 , / • . I 1 / . \ ' i " i . I 1 0 , . 1 , 1 , , i ! , 1 - - -0 - (i) - __ 1 1 , .___...... , 1 , c r1:3114.4.y, r4 i��,' ffi �t NI.."... S CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: ARMADA HOFFLER TOWER 4, LLC [Applicant & Property Owner] Conditional Use Permit (Colleges & Universities, Public or Private) at the property located at 222 Central Park Avenue (GPIN 1477554031-0003), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: May 7, 2019 • Background: Strayer University is relocating to a new location in Town Center, specifically moving into approximately 7,500 square feet on the 2nd floor of Town Center Condominium 4 located at 222 Central Park Avenue. Strayer University has been in Town Center since 2006, following receipt of a Conditional Use Permit with no conditions. It is anticipated that only 60 to 90 students will be on site at any one time, as the majority of the university's students are enrolled in on-line classes. The university will employ approximately 10 full-time and part-time employees at this location. • Considerations: The proposed Conditional Use Permit enables an existing, compatible use to relocate to another leased space in Town Center. As the school currently exists with a similar student population within close proximity to this site, Staff does not anticipate any impacts to the existing traffic patterns, parking availability or other infrastructure. Educational facilities such as this one complement and support the surrounding uses and reinforce Town Center's mixed use, urban environment. Staff is not aware of any opposition to this request. 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 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Armada Hoffler 4, LLC Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmer /Agency: Planning Department City Manager: AlBApplicant Armada Hoffler Tower 4, L.L.C. Agenda Item Public Hearing April 10, 2019 City Council Election District Bayside 3 Virginia Beach Request Conditional Use Permit (Colleges& _ Universities, public or private) ;\\ V \-.. k. ' \ r ,� �r Bunker loll Lane `� Valley Forge Lane W 11. IF Strep ., ( 4twvn Pant Lane 1.1. Staff Recommendation f Stowe . \x .41 _1 �P Approval ` Nome St � am` Broad Street . t Staff Planner ° ' i a a Ashby Moss J ti vrBa,r,BeaaBoulevard di t i r$Ba Street• $ . t is StreetLE " 3 Location a 222 Central Park Avenue 1 i .--i• om GPIN Mandan Road €, . 3 i Conestoga Road P c Lir.. ; a 1477-55-4031-0003 R\i4 + ,� e Site Size - d,'.6 t, o"O"dae�a •o 09.,6 7,480 square feet on 2nd floor of existing o �°�r"`'�a �O�a`a ,�Po '° F`r`od,' structure �_ ,4 ti� _/ AICUZ Less than 65 dB DNL Watershed Chesapeake Bay _ Existing Land Use and Zoning District .,- =0a- ,4 max_ , - , , '` Mixed use building with office, retail, & �'� ' irini`a'Be ch :a Sfri i ._"Vi a; r � : structured parking/CBC Central Business Core t ;-„ : IV_ $ — ' Surrounding Land Uses and Zoning Districts g - ___ >;i 7 }�.; North 7 �,' . .i Virginia Beach Boulevard , ,. 'I i " ,: -`t ' • T Retail/CBC Central Business Core Bank Streets dank '"t tc.®1} a,. ,c3'd Colu1)1b0,3 •CenTel Iace, South -i, '" ` ' ` ji1 J i or { . Mixed use building with office, retail, �' aii` ;tre t k W in Strcct apartment, & structured parking/CBC Central -. N Business Core k aJ eet = tr East r a,. 3 ' Mixed use building with office, retail, bank, & ' hotel /CBC Central Business Core i �, , �t West -----0_�, _— , +'. t. o, -..L.a ' o` _ Mixed use building with office, & retail/CBC Central Business Core Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 1 Background and Summary of Proposal • Strayer University is relocating from its current location at Town Center's Block 3 to a new location, also in Town Center, on the 2nd floor of the west retail unit of Town Center Condominium 4 located at 222 Central Park Avenue. • Strayer University received a Conditional Use Permit for its current location on July 11, 2006, with no conditions. • The school is seeking to operate within 7,480 square feet of leased area. • Projected student enrollment is 600, yet only 60-90 students are typically enrolled in on-site classes, as 85-90% of students matriculate on-line. • The anticipated number of employees is approximately 10 full-time or part-time staff on-site during normal business hours. • The maximum number of students anticipated to be on-site at any given time is approximately 50 for classes and 100 for special events.The occupancy based on square footage and floor plan is up to 221 people. Zoning History CBC if Request All REZ(B-3A to CBC)Approved 02/25/2012 `'''p«s•oues 8004,ar el ""r° 1 CUP(Multi-family Dwellings)Approved 06/28/2005 REZ(B-3 to B-3A)Approved 03/09/2004 %/�� if 2 CUP(Multi-family Dwellings)Approved 08/25/2009 cap %/�j�BSTC Approved 03/24/2009 _ -_--- 7 CBC3 CUP(Private College/University)Approved 03/24/2009 isim a �,_ YSTC Approved 03/11/2003 1 �_,,-/ 6 CUP(Multi-family Dwellings)Approved 09/24/2002 t CBC ' _ # 1 4 CUP(Religious Use)Approved 08/09/2011 �e�` CUP(Multi-family Dwellings)Approved 10/10/2006 conawc. CUP(Private College/University)Approved 06/14/2006 1 g- CBC CRC REZ(B-3 to B-3A)Approved 05/10/2005 ill if C 3I 5 CUP(Private College/University)Approved 06/25/2006 6 CUP(Private College/University)Approved 11/12/2008 REZ(B-3 to B-3A)Approved 10/10/2000 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 Comprehensive Plan Recommendations The subject site is located within the Central Business Core District of the Pembroke Strategic Growth Area (SGA). Mixed uses offering an efficient use of land resources, full use of urban services, detailed human-scale design and a compatible mix of uses are recommended for this area. Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit simply enables an existing, compatible use to relocate to another leased space in Town Center. As the school currently exists with a similar student population within close proximity to this site, Staff does not anticipate any impacts to the existing traffic patterns, parking availability or other infrastructure. Educational facilities such as this one complement and support the surrounding uses and reinforce Town Center's mixed use, urban environment. Staff recommends approval of this application. Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 3 Block 4, 2"d Floor Proposed Lease Space Ptf f . ! I ', •113 i___11— 1« I \ �1 L.A. WmIY inn! • -- w �,.� ISI • si 12.11•� '...b II •c—� • i I b U ' r ►`4y I n1 .I o o p - o 0 s 1r1 :i 1I11r41i1t 0 0 O O 1 PO ,. • f f -- 0 .. o • al -L.) - f o a �y a CL . �� 1• PLANS OF TCWh CENTER CONDOXONIU,\14 BLOCK 4,TOWN CENTER VU GN65.BLACH,VP GI 4A , -1>/1T>c 12/13120Q4 D 3 iC 27 d SHEET OS OF 31 5 ...1=_ ^^"--" SONLE1••19M' Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 4 Block 4 Second Floor Proposed Floorplan t 1 1111111111 of i\s" um Oil i i 11 it i 11 4..-.. I [ 6 f :,,r • N t I1(p�M l it 0 , ...i> ... , . •. !W y . Q CC rt. r t , I Co er Li 1.," • - : P .. 1 � c, i : l Cr __ mit _ Q � . § Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 5 Site Photos ., 4 Proposed Lo ation Block 4 } �; .' r v i :Is " .. .} j ►%\r/ ► -�af ' ` \ ov\ ► � - y Mil IIIIIIIII ,� IIIIIII,IIIIII� VIII, NM 1111 MI ' �I !1.' t 11"3 § MS I 1 ,1 I I I . . --:. ___ , , 1111 1 1 1 ! . ST e f air „ate www. Previous Location Block 3 ,...2,- t -4 �« ,.. tet ►,�i rr ��_ . 1 I 11 I --I f 11111111railght" ‘ S\. . '''' i r 1 [ II 1 1 r ;,;*'.._, . . E ,, ,, ra 'i yr - A. IN t �..'-'-`-e, t• — �y D .+1 nY 6ieillt j ,.. lorryIIIA*a`'" Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 6 Disclosure Statement APPLICANT'S NAME Armada Hoffler Tower 4, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property j 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 - f 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 J... _ ._ LSJ'PS .S' !a•:r cdt'_1:v.: .,.,:, r .. Page 1 of 7 AMR-ANT NOTIFIED or HEARING 0'k'L NO CHANGES AS Or : ;L 2/.Z f.Lv1 P t, Ashby Moss 0 REVISIONS SUBMIT1ED ;WEE Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 7 Disclosure Statement Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I/VI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Armada Hoffler Tower 4. L L.C._ If an LLC, list all member's names: See Attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (S) List the businesses that have a parent-subsidiary t 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. n Check here if the QRQQERTY QWN.ER15.NQTa corporation, partnership, firm. business, or other unincorporated organization. CCheck 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 Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 8 Disclosure Statement If a Corporation, list the names ofali 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 ore corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation See State and Local Government Conflict of Interests Act,Va Code § 2 2 3101 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when 04 one business entity has a controlling ownership :merest in the other business entity. (iii a controlling owner in one entity is also a contro!6ny 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 enaty relationship include that the came person nr substantially the same person own o' 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 un 4 regular basis, or there is otherwise a close working relationship between the entitiesSee State and Local Government Conflict of Interests Act, Va Code § 223101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERAI ELY Page 3 of 7 Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 9 Disclosure Statement 'NB APPLICANT YES I NO SERVICE PROVIDER (use additional sheets if needed) LIV Accounting and/or preparer of your tax return Architect/Landscape Architect/ OTJ Arch lects Land Planner ® the 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 AHP Consiructior.LLC ElEngineers/Surveyors/Agents Financing(include current mortgage holders and lenders tJ� selected or being considered to provide financing for acquisition or construction of the property) tial 0 Legal Services Fagged 8 rnedon P C Real Estate Brokers / Divans Rea'Estate, Inc. Xi17 Agents/Realtors for current and 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 f [5-.<1<1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 10 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. See Attached A�Pt KANT'S S CN,ITURE PRINT NAME DA I E Page 5 of 7 Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 11 Disclosure Statement APPLICANT'S NAME: Armada Hoffler Tower 4,L.L.C. Manager: Tower Manager,LLC Members: Armada Horner,L.P. New Armada Hoffler Properties I,L.L.C. Tower Manager,LLC APPLICANT'S MANAGER: Name: Tower Manager,LLC Managers: Louis S.Haddad Michael P.O'Hara Sole Member: Armada Hoffler,L.P. APPLICANT'S MEMBERS(other than the Manager named above that is also a 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. Name: New Armada Hoffler Properties I,L.L.C. Managers: None-Member managed Sole Member: 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'Ilara-CFO,Secretary&Treasurer Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 12 Disclosure Statement 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'5I5210551CUM isdosurc Statement Atlachment.docx 2 Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 13 Disclosure Statement Signature Page Conditional Use Permit Application Block 4—Town Center,Virginia Beach,Virginia IN WITNESS WHEREOF,the Applicant has caused this Application to be signed by its duly authorized representative. APPLICANT: ARMADA/HOFFLER TOWER 4,L.L.C., a Virginia limited liability company By: TOWER MANAGER,LLC,a Virginia limited liability company,, ssMM anger By: > ec.p• ` 1 (SEAL) Michael P.O'Hara,Manager S.1Clients`515210551CURCUP•Signanue Page doc Armada Hoffler Tower 4, L.L.C. 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. Armada Hoffler Tower 4, L.L.C. Agenda Item 3 Page 15 Item #3 Armada Hoffler Tower 4, LLC Conditional Use Permit (Private University/College) 222 Central Park Avenue. District—Bayside April 10, 2019 RECOMMENDED FOR APPROVAL —CONSENT Ms. Rucinski: Alright. Thank you. The next item is item number three Armada Hoffler Tower 4 LLC, which is an application for a conditional use permit private university college on property located at 222 Central Park Avenue in the Bayside District. Can you state your name for the record? Mr. Nuckols: Mike Nuckols with Faggert & Frieden representing the applicant. Ms. Rucinski: Thank you. Are the conditions acceptable? Mr. Nuckols: Since there are none, they definitely are. Ms. Rucinski: Thank you very much. The chairman has asked Commissioner Mike Inman to read this into the record. Mr. Inman: Thank you, Jan. This is an application for conditional use permit for college or university, which is required in the City of Virginia Beach, if you're going to have such an institution. It's a 7480 square foot area on the second floor of an existing structure. It's in the central business district in one of the larger buildings in town center. The Strayer is relocating from its current location in Town Center's block three to a new location also in Town Center on the second floor of the West retail unit at 222 Central Park Avenue. Strayer received a conditional use permit for its current location on July 11 2006, with no conditions. Proposed use permit enables an existing and compatible use to relocate to new space in Town Center as the school currently exists with similar student population within close proximity to this site. Staff does not anticipate any impact to existing traffic patterns, parking availability or other infrastructure. Educational facilities such as this one complement and support the surrounding uses and reinforce Town Center's mixed use urban environment so the staff recommended approval and we chose to put it on the consent agenda. Ms. Rucinski: Alright, thank you. Madame Chair that is the last item on the consent agenda at this time I'd like to move that consented items number one, two, three, four, and six be approved. Ms. Oliver: Right, do we have a second? 1 Mr. Horsley: Second. Mr. Fisher: Vote is open. Ms. Sandloop:By recorded vote of 11-0, agenda items number one, two, three, four, and six have been approved by consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE 2 i�, / ( ci Cr lr_s LC). 4 / ti tom- op j / Ni I/ W U re , 1 / c • 0 < >, 00 / / b-7 a 0 /f�� r1. v -, , i�1 O � 4;iii . * , ss04„ f 00 0 ,u %In, ft=, 4k co gQ iz, / ,irk N,...t• -,,_ ,,,. .__,__,_______„, 0 , ce/ ___,. .7,____,_____„:__ _ _ 7,:i o /// ------, ---___:::- -----„ , ________________ ______„ ---_______, // / at s -----_____,_____, 4----- ---- f Nc4 - N4w.. APP . ciy 46.1/4 . . 1/40 a N'' ---1,:_,---7,. ih ____,,____. -z_.,_ ___, , ---- L----,_ 7--________, ,,_ , ---,-, r (--- / Z. r 1 -------) . / �g SSI Asa d ` :J- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VERDE SALON AND SPA, LLC [Applicant] LAKE GEM D1, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 2137 Upton Drive, Suite 314 (GPIN 2414352667), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: May 7, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor for permanent makeup, known as microblading, in a unit within an existing salon along Upton Drive. The permanent makeup portion of the business will have one employee. The typical hours of operation proposed are consistent with those of the beauty salon. No exterior changes are proposed to the building or to the existing signage. • Considerations: In Staff's view, and Planning Commission concurred, the proposed request is an acceptable use as it will be compatible with other existing commercial businesses along this section of Upton Drive. No changes are proposed to the building or to existing signage. As per Zoning Ordinance requirements, the establishment is not within 600 feet of another tattoo parlor or body piercing business. 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 11-0, to recommend approval of this request. 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. Verde Salon and Spa, LLC Page 2 of 2 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. = m- I t/Agency: Planning City Manager: �� Department-Pp Applicant Verde Salon and Spa, LLC Agenda Item Property OwnerApril Lake Gem102019 D1, LLC Public Hearing , c ,,fir NCity Council Election District Princess Anne 6 Virginia Beach Request Conditional Use Permit (Tattoo Parlor) 4%,.n ._ l .� i ,70-75 dB DNL/4u l ,,,iy.7 or a s. Staff Recommendation r :3 4c*,,, w' •'let 4.. f Approval wbiJe, co r'te,ane to,.4,..1, P -,....... / x 4/ i Staff Planner i Marchelle Coleman "`^� I i P 65.70 dB DNL ''neyM4CWR )� J J. Location �� 2137 Upton Drive, Suite 314 ?4. J4„. Ch'PPo� 1 GPIN ,co, r - /t 2414352667 P.,/ s' .9. at e�n 6 Site Size '�, �°'�row, �` 4 1, 6.5 acres I. 3'`' AICUZ �� \ { i i -,i 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 1✓F �' Retail/ B-2 Community Business 1 4, �,14 Surrounding Land Uses and Zoning Districts -'.x.. North . Retail/ B-2 Community Business =', '.,, t��,. South - - -a a � r Restaurant, retail/ B-2 Community Business •- � _ �_; • r- �-. East T ' , Upton Drive =. ; k ;7 > 1, Multi-family dwellings/A-18 Apartment -=., , �.' West ham' 's f .4 .44 ,�*.� ', , Retail/ B-2 Community Business 1 " } r " Verde Salon and Spa, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting to operate a tattoo parlor for permanent makeup, known as microblading, in a unit within an existing salon along Upton Drive. • According to the application, the permanent makeup portion of the business will have one employee.The typical hours of operation are 10:00 a.m.to 7:00 p.m.,Tuesday and Thursdays,from 10:00 a.m.to 8:00 a.m. on Wednesdays, 10:00 a.m.to 6:00 p.m.on Fridays, and 10:00 a.m.to 4:00 p.m. on Saturdays. • No exterior changes are proposed to the building or to the existing signage. // // `/ r /� - Zoning History \ `' �- ' 13- # Request 1 CUP(Bulk Storage Yard)Approved 08/21/2018 B4CUP(Bulk Storage Yard)Approved 09/20/2016 /7 " MOD Approved 08/12/2008 1 B CUP(Automobile Service Establishment)Approved __,, 08/21/2018 2 MOD Approved 04/27/2010 /01 �` I CUP(Seasonal Outdoor Green Market)Approved 05/26/2009 A " 3 CUP(Automobile Repair Garage Approved 03/23/2004 aa.5 4 CUP(Automobile Service Station and Car Wash) Approved 08/26/2003 5 CRZ(B-2 to Conditional A-18&Conditional B-2) /, Approved 03/25/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for the Conditional Use Permit is, in Staffs opinion,acceptable given that the land use will be compatible with the other existing commercial businesses along this section of Upton Drive. 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 requirements of Chapter 23 of the City Code.This section of the codes establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Verde Salon and Spa, LLC Agenda Item 6 Page 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Upton Drive 19,300 ADT 1 22,800 ADT 1(LOS 2"D") No Change Anticipated 3 Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Upton Drive, in this vicinity, is considered a four-lane divided minor urban arterial.There are no roadway CIP projects slated for this area. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Verde Salon and Spa, LLC Agenda Item 6 Page 3 Site Layout i z*, ..16 ->-''')••••.- _ e4.1./ , (-- 0 60 .------ ---'---;---- c-Sfi ------------ z.0 - fsvo4 ' / ,r— 0 141 ',.......„11, 1 - '!4( -....-- 4,----- 4. ''-'-' 15 (1) LI_ 0 / • ( *, _ 1 i ai, 0*---- (NI - o (c) o co --.....r. > ------, ---_, • . fir o _ i 4 -.'------ 1 -----,,. NNW °Apo uojan _I m 47, < . a r) _e , ..,:, 0 %id_ co , --------s./2 (.._j ...,' 0 _ - 0 CIS 17 co L27 ,___ , 7_, Tri 0 .c _,... / , - > ‘— 0 ,--- u 0--z / U 1 0 0 0 a a a a a -- - a _ 0 0 0 0 0 (.2 Alip " / 0 00 0 4111111, . 0 0 0 0 0 oli 0 / 0 0 0 a 0 0 0 0 c a) cr) Z cr) 0) H c ,0/1 a) -c5 00 _1 - . - E - ca E 0 a D 0 C L 03 /) 0 / 007 Verde Salon and Spa, LLC Agenda Item 6 Page 4 Site Photo V:1' - r--____ _ _ _____a . _ _ , _ , rdal &Sr! s ,,n — ----_--- -:- • k. <_ - - col 11 Com-~� " ' ` c ,A—•-- i -,--7.--L:; Verde Salon and Spa, LLC Agenda Item 6 Page 5 Disclosure Statement 1VB Virginia Beach APPLICANT'S NAME Verde Salon and Spa, 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 1of7 x,, waithq`71, G Marchelle Coleman ❑ r Verde Salon and Spa, LLC Agenda Item 6 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Verde Salon and Spa, LLC If an LLC, list all member's names: Joanne Bryant 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 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Lake Gem D1, LLC If an LLC, list the member's names:Gem Sandbridge, LLC, John Gibson, Lakeside Group, LLC, Eric Anderson Page 2 of 7 Verde Salon and Spa, LLC Agenda Item 6 Page 7 Disclosure Statement NN3 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 Verde Salon and Spa, LLC Agenda Item 6 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Z ❑ Accounting and/or preparer of Desroches&Company CPAs,P.C. your tax return Robin A.Harvey ❑ " 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) ❑ T �•� Construction Contractors ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders •. selected or being considered to provide financing for acquisition or construction of the property) /•/ Legal Services Real Estate Brokers / ❑ =� Agents/Realtors for current and anticipated future sales of the subject property 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 Verde Salon and Spa, LLC Agenda Item 6 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information Iprovided 1iirein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting off any public body or committee in connection with this Application. A-PK/CAW:A J I PRINT NAME DATE 0 i Page 5 of 7 Verde Salon and Spa, LLC Agenda Item 6 Page 10 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ,�, ❑ Accounting and/or preparer of BDO your tax return ❑ '=' Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than 1=1 the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current GE Captial mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / Venture Realty Group ❑ 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 Verde Salon and Spa, LLC Agenda Item 6 Page 11 Disclosure Statement NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �1, 0-4- ---=- PROPERTI Q NER_SIGNATURE PRINT NAME DATE Page 7 of 7 Verde Salon and Spa, LLC Agenda Item 6 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 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. Verde Salon and Spa, LLC Agenda Item 6 Page 13 Item#6 Verde Salon and Spa, LLC Conditional Use Permit (Tattoo Parlor) 2137 Upton Drive, Suite 314 District— Princess Anne April 10, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Alright, thank you. The next item is item number six, Verde Salon and Spa, LLC, which is an application for a Conditional Use Permit for tattoo parlor, permanent makeup on property located at 2137 Upton Drive, Suite 314 in the Princess Anne District. Can you state your name for the record? Ms. Chay: Sharon Chay. Ms. Rucinski: And are the conditions acceptable to you? Ms. Chay: Yes. Ms. Rucinski: Alright. Thank you. The Chairman has asked Commissioner Steve Barnes to read this into the records. Mr. Barnes: The proposed request for the Conditional Use Permit is, in the staff's opinion, acceptable given the land use will be compatible with other existing commercial businesses along this section of the Upton Drive. Prior to opening up on the site, the applicant is required to obtain a business license and the health department must verify 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, and proof of age, recordkeeping, inspections, cleanliness, vaccinations and permitting. A certificate of occupancy will not be issued until the requirements for the health department are met. For the stated reasons above, staff recommends approval of the application. Ms. Rucinski: Alright, thank you. Madam Chair that is the last item on the consent agenda at this time I'd like to move that consented items number one, two, three, four, and six be approved. Ms. Oliver: Right, do we have a second? Mr. Horsley: Second. Mr. Fisher: Vote is open. Ms. Sandloop:By recorded vote of 11-0, agenda items number one, two, three, four, and six have been approved by consent. 1 AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a"box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 2 ti tit iJ titti -------03---q =� [-cli LO 01ili / I C4M/ m ti - 8 a0 ui CD -- 1-;-ii- _ � ap u ad \ ( - �� _ _ apu1 II \\ \‘' \ tiL � - tti i' 0 \\ .# iii (\ 1 10.1 lik \ 3 CrAl ..'N `*7 'fir ..'.P -44k\ .- ,.„ ca \ 'ec.*/ -I „,,, . ,,,_ _.7/EI 1* , . \ ‘ CO y %0:1 % \ \ \ \ IIII ---3 \\\ \\\\ ti0 111 \ \ 11 1' \\ `' cq 1 Co ___--. 4::11C0 \ ti 1� 1 1 • ' \t I •it, f s, iyy ^ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMY TURNER [Applicant] STAR REAL ESTATE, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) on property located at 4604 Pembroke Lake Circle, Unit 105 (GPIN 1478511874), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: May 7, 2019 • Background: As the applicant plans to offer microblading services (the application of permanent make up)within a proposed beauty salon in the Bayside District, a Conditional Use Permit for a Tattoo Parlor is requested. No exterior changes to the building are proposed other than alteration of the existing box sign above the entry which will display the name of the salon in white letters with a black background. • Considerations: In Staff's view, and the Planning Commission concurred, the proposed request is an acceptable use as it will be compatible with the other existing commercial businesses along this section of Pembroke Boulevard. As per Zoning Ordinance requirements, the proposed establishment will not be within 600 feet of another tattoo parlor or body piercing business. There was one speaker at the Planning Commission meeting who withdrew any opposition once it was clarified that the request was limited to microblading services, rather than a typical tattoo parlor. 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 passed a motion to recommend approval of this request by a vote of 11-0. 1. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Amy Turner Page 2 of 2 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The proposed sign for the business shall have a black background with white letters and shall be limited to the name of the salon and shall not identify the business as a tattoo parlor. 5. 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. 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 Department/Agency: Planning Departmentl%7 City Manager: Applicant Amy Turner Agenda Item Property Owner Star Real Estate, LLC Public Hearing April 10, 2019 5 City of 1 City Council Election District Bayside Virginia Beach Request '�g, Conditional Use Permit (Tattoo Parlor) `4 % 4 Staff Recommendation , Approval `4. i ....„..c..0Staff Planner any s 114 Jonathan Sanders - ) ,, o,o•— „e / 3 '''''' a eO Location �~ i II 4604 Pembroke Lake Circle, Unit 105 GPIN P� < F?� Mnrimx lanf O 1478511874 a QID x Site Sizer a / 37,300 square feet ., AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District14 � ,, -� * ,,, Mixed retail/ B-2 Community Business � ^. r Surrounding Land Uses and Zoning Districts — ,. �ie • , c North .....-:---7--- 44i Pembroke Boulevard p. l'` IP Vacant lot/ B-2 Community Business "' } t q ', ' ! ' South �!A, s _ - ilox ' ) - Pembroke Lake Circle - 's !,',� Townhouses /B-2 Community Business ,+�- , _ , , ' a East 1 ak .4 a, 1 24 .M jilt •01,1 e• T• / r 1 Bank/B-2 Community Business •� Ni `, West - , Pembroke Lake Circle ` ' X11 A ,14.% a. Mixed retail/ B-2 Community Business "*. Amy Turner Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant plans to operate a beauty salon within a unit in the existing building on the site. She proposes to offer microblading, which is the application of permanent makeup,to her clients. Based on this, a Conditional Use Permit for a Tattoo Parlor is required. • According to the application, one employee will specialize in mircoblading while the salon is open, with typical hours of operation between 9:00 a.m. and 5:00 p.m.,Tuesday through Saturday. • No exterior changes to the building are proposed. • The existing box sign above the entry will display the name of the salon in white letters with a black background. I E • 13-2 Zoning History 2 `/. # Request 1 CUP(Indoor Recreation)Approved 04/13/1999 • n J A-18 u.^a er,„. B-2 a • - 8'2 • s 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 Tattoo Parlor is, in Staff's opinion, acceptable given that the use will be compatible with the other existing commercial businesses along this section of Pembroke Boulevard. 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. Amy Turner Agenda Item 5 Page 2 Recommended Conditions 1. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The proposed sign for the business shall have a black background with white letters and shall be limited to the name of the salon and shall not identify the business as a tattoo parlor. 5. 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. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed as a shopping center. Amy Turner Agenda Item 5 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pembroke Boulevard No Data Available 9,900 ADT 1(LOS 2"D") No Change Anticipated lAverage 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. Amy Turner Agenda Item 5 Page 4 Existing Site Layout ` 6 ' ' '':+4 10--- , t - P • X. j (-_.......114'iall t f., 4., rWI ' 1 . ' '---, i v4 _ d Amy Turner Agenda Item 5 Page 5 Site Photos Name\ A ' SUN TAILOR DRY CLEANING - 4 . top -,4•100341 r-; , • . ltd.T MC- • • r ,..7r . „ow r- - • Arr„, _ 7 - 4 . __ t - . • • •. Amy Turner Agenda Item 5 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Amy Turner 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 1of7 4/25/1,41 J3 Jonathan Sander,. Amy Turner Agenda Item 5 Page 7 Disclosure Statement AlB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if 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:Star Real Estate, LLC If an LLC, list the member's names:Dong Jo Kim, Jin Suk Kim Page 2 of 7 Amy Turner Agenda Item 5 Page 8 Disclosure Statement eN/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 Amy Turner Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) rConstruction Contractors • pij Engineers/Surveyors/Agents Financing (include current ❑ ♦ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CILegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development �� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Amy Turner Agenda Item 5 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. APPLICANTS SIGNATURE PRINT NAME DATE ( ) ; �. E1��1 L >_.I l 1 .23L I Page 5 of 7 Amy Turner Agenda Item 5 Page 11 Disclosure Statement OWN ER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ❑ Accounting and/or preparer of AJ White Association,Inc. 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 ❑ 1-' Engineers/Surveyors/Agents Financing (include current WSFS Bank mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ n Agents/Realtors for current arid 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 Amy Turner Agenda Item 5 Page 12 Disclosure Statement Virginia Brach CERTIFICATION i I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I 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. __ PtttlItt R ry()WW1R'S SIGNA I I IIj! PRINT NAME DATE Page 7 of 7 Amy Turner 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. Amy Turner Agenda Item 5 Page 14 Item #5 Amy Turner Conditional Use Permit (Tattoo Parlor) 4604 Pembroke Lake Circle, Unit 105 District—Bayside April 10, 2019 RECOMMENDED FOR APPROVAL — HEARD Ms. Sandloop:Madam Chair our next agenda item is number five. We have one speaker for that. Agenda Item Number Five Amy Turner, an application for Conditional Use Permit Tattoo Parlor on property located at 4604 Pembroke Lake Circle, Unit 105 located in the Bayside District. Ms. Oliver: Welcome. Ms. Turner: Hello. Thank you. My name is Amy Turner. Ms. Oliver: Thank you, would you like to tell us a little bit about your application please. Ms. Turner: So I currently have a day spa where it's strictly for women and it's only an appointment basis so it's not walk-in. You do have to set an appointment to come in there. We currently do lashes, facials and body waxing as of right now and I am applying for the permanent cosmetics to be done in there, which it would be me who would be doing it. I went to school there, the school to Miracle Academy. So I have passed, I took my boards. So, you know, I'm licensed to do this. And, yeah, so, you know, look forward to doing this. Ms. Oliver: Great. Thank you. We have one speaker. So, we'll hear that and then we'll get back with you. Ms. Turner: Okay, no problem. Ms. Sandloop: Anna Bowen. Ms. Oliver: Welcome. Ms. Bowen: Thank you. I don't oppose tattoos but I do oppose where they're located the tattoo parlors. Some people would have come with me today or express their opinions but as I just found out about it just the other day and they didn't have time to reschedule there, looking after the kids or their businesses, but mainly talking about the Pembroke location. Now, of course, you did bring up other tattoo parlors, which I would oppose to if they have families nearby,but this Pembroke location and there's a preschool and academy together. It's in the same building. And also, there's Montessori School, across the street from it, there's a church across the street from it also and there are two elementary schools in walking distance and there is another 1 historical church in the area which is probably less than a fourth of a mile away. And then there's also a large apartment complex. My parents bought a home in the area say back in the 70s. So I still have family members that own the house and my husband and I also purchased a house in the area. So this is my neighborhood too. And there's a sidewalk at the building property that you walk up to and big enough for strollers,parents walking,maybe some bicycles in the area,but walking right in the same, it's just right around the corner where the Academy is, starts at 6 weeks to 12 years old. Ms. Oliver: Well, if you don't mind, I'm just going to interrupt you just for a second and just so that I'm clear, or we have a good understanding of this applicant's business, she's a hairdresser. She's a salon. She's not your typical tattoo parlor, but because the ordinance states that she does microblading, she tattoos eyebrows for let's say, a lady that had unfortunately has had cancer and lost her eyebrows. So this young lady here will be able to go in and put them in. She's required by law to apply for a tattoo license, which she will not be, you know, putting a photo on somebody's arm. Ms. Bowen: Okay, well, but it's the title tattoo parlor, so she could probably easily transition. Ms. Oliver: No, she can't do that. It's very specific, it's very limited to exactly, and it's limited in the application to microblading. So she's only going to either do eyeliner or eyebrows,just one of those two,because that's what it states but unfortunately since it's permanent makeup, it falls under tattooing, so she is not, she's going to remain the business in which that she has right now. Ms. Bowen: Well, I was aware of that. Yes, thank you but you did bring up other tattoo locations. Ms. Oliver: Yeah,but this location she is only going to perform permanent makeup application, she is not going to do any body tattooing at all. Mr. Inman: There's a condition in here that she's agreed to that part of this application it says no other form of tattooing shall be permitted. Ms. Bowen: Now how about, let's say for hypothetically that she decides that she wants to expand her business into tattoo with the ink? Ms. Oliver: She will have to come back here. If she decides to, she's not going to be a salon any longer and do permanent makeup, she is going to have to come back here. Ms. Bowen: Okay. Ms. Oliver: Okay, so rest assured that the only tattooing, I am 100% sure that she will be doing is either eyeliner or eyebrows. Ms. Bowen: Well, okay then I can shift to the other location if that permitted. Ms. Oliver: Well, we're just doing, we're just doing this application at this time. 2 Ms. Bowen: Well, I would like to finish what I was going to say because our city has other applicants for tattoo parlor. Ms. Oliver: Right now, we are only hearing Mrs. Turner's application, which is agenda item number 5. Ms. Bowen: So what do you suggest? Ms. Oliver: Well, I suggest that we're going to stick to that application. And that there is a condition in her application that states that she will not perform any other tattooing other than eyebrows and eyeliner and that's what she's licensed for and that's what we know she will be conducting in her business. Ms. Bowen: Well, I probably would have signed up to speak when you brought up other tattoo parlors. Ms. Oliver: Well, if you have signed up to speak on another application, then at that time, you may speak on this one. Ms. Bowen: You've already discussed that right? Ms. Oliver: That went to consent, yes ma'am. Ms. Bowen: Okay, well, I would have liked to. Ms. Oliver: That will go to council and you can speak on there and so you can check that and see when that goes up at that time. Ms. Bowen: Okay, that's fine, but I would like to say I really thought it was tattoo parlor. Ms. Oliver: That's because, that's how the ordinance is. Ms. Bowen: Until I got hear the lady and one of the ladies out there, Nicole, told me that it was about makeup. Ms. Oliver: Right, which is a good thing. Ms. Bowen: It helps? Ms. Oliver: It does help. Ms. Bowen: Okay, well, thank you all anyway. Ms. Oliver: Thank you so much for coming. Ms. Bowen: I will be back at City Council. Ms. Oliver: Okay. Well, we'll see you there. Thank you. Mrs. Turner you want to come up and give us a rest assured that that's what you will be doing? Ms. Turner: Correct. There are laws and I can't, you know, I don't want to put myself in that situation. And for the record, my daughter, my two year old goes to the day-care 3 that's in the facility as well and so it's not open to the public. As far as like you can easily walk in and for the permanent makeup, you do have to have a scheduled appointment because we have to go through consultation and all of that before we can even perform any kind of services on your face and it is eyeliner, eyebrow, and lips. I don't have anything else. Ms. Oliver: I think we're good. Okay. Thank you very much. Ms. Turner: Thank you. Ms. Oliver: Alright, so we will close this hearing for discussion. Mr. Redmond: Motion to approve. Ms. Rucinski: Second. Ms. Oliver: Thank you. Mr. Fisher: Vote is open. Ms. Sandloop:By the recorded vote of 11-0, Agenda Item Number Five Amy Turner has been approved. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 4 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The proposed sign for the business shall have a black background with white letters and shall be limited to the name of the salon and shall not identify the business as a tattoo parlor. 5. 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. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 5 iii); '- •• i.,..:1/4\ ., , - • . . a .4 (\\„..._ \\ 5r."if \' '\ I ""\:)..r?'17--. " Oij I , .. '. ' . NINii g V. I I 1111 1 I / / CCN:1111 / Fe \ ,,_,1 : ,... 1 ,., CINI9 --' -- C i C37.4 41)/-, ---,.? IC:IC t, .... ...4,1111111k1/4. ,,, 41141041\441111‘111111k ,., ..,. ., --zs_c• -7-------) , i_. , 0 k1/4 . 1 /--, AN i •/ , BF 111111 41/4 \ - - (-------_,_. ,,1/4, ,, ------ ---,----, .., -7,...._ ,"'--,,r- ' , ':::,,,,,, •: 7 \ \ •,. ,.,:::. i..._\ *Pe /*1. OJ \ i 1-fill-t,7-7- ' , Li 7 I .,, . , .4? // ,( .-- , ,,,_ .,„ . .. •.,/ 'f--- (..,,. I . . ? 7, , .--`". , „.,. # I" ---- 1/ - :HO / s''', Ao, • 1/ 4* )10 .1 .1 if, , --I ...,k t tt, / i-Cs '` ( .• -: %,..s. -'-'-..„::•--14:-..-, 1 ____—_-J 6.k. 0 6 / , CNI 1 ,... / A:;,,, N... .. . / /Am -). / , , ., ii" yy�7. .. , F�4.'uiSZ Z4w`r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PHIL KELLAM [Applicant] VBK PROPERTIES, LLC [Property Owner] Conditional Use Permits (Assembly Use & Open-Air Market) on property located at 2384 Princess Anne Road (GPINs 1494924949, 1494933251, 1494936055), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: May 7, 2019 • Background: The applicant is requesting Conditional Use Permits for an Assembly Use and an Open-Air Market. The site is located within the Courthouse Historic and Cultural District Zoning Overlay and is home to the Kellam House which, along with the ancillary buildings, dates back to the late 18th century and is a contributing historic resource. The Assembly Use is requested for events such as reunions, weddings, and retreats. The Open-Air Market is desired in order to permit food trucks to operate on the site during these events, and also for a craft and farmers' market proposed on average as once per month. No food will be prepared in the home, instead, caterers and food trucks will provide this service. Approximately 172 on- site parking spaces will be provided in areas designated on the concept plan. • Considerations: The proposed Conditional Use Permits are deemed acceptable by both the Staff and by the Planning Commission. According to the applicant, the use of the property for special events will ensure the future maintenance of the home and property for many years into the future. Given the size of the property, the topographical conditions, the large expanses of lawn area, and the many mature trees throughout the site, the historic setting will provide a picturesque backdrop for events. The existing mature vegetation will serve as buffer along the shared property lines with the residential uses to the north. Actual site improvements will be minimal, as temporary tents and restroom facilities are proposed, but do include an upgrade to the entrance to ensure safe ingress and egress along the Princess Anne Road. Staff worked closely with the applicant to develop a parking plan that will accommodate the largest events of up to 300 people. The applicant met with the surrounding property owners, and Staff is not aware of any opposition to the 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 passed a motion to recommend approval of this request by a vote of 11-0. Phil Kellam Page 2of3 Conditional Use Permit (Assembly Use) 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 2. 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. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). 10.A11 proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. Phil Kellam Page 3 of 3 11 .Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12.Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. Conditional Use Permit (Open-Air Market) 1. The use shall not be in operation 10:00 p.m. to 8:00 a.m. 2. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to food trucks and open-air vendors in conformance with the submitted layout plan, shown on page 7 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. 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 Departm- . ' •ency: Planning DepartmentQ7 City Manager. ,`4 Applicant Phil Kellam Agenda Item Property Owner VBK Properties, LLC rr Public Hearing April 10, 2019 13. City Council Election District Princess Anne Virginia Beach , Request Conditional Use Permit (Assembly Use & /C1 Y V N / ' Open Air Market) Staff Recommendation rr`��`- Approval rt F t� oQ Staff Planner ."'y .k '�^q 4544dB ONL Bill Landfair " `"w Jr 0 G, to / � Location 6.% 2384 Princess Anne Road &vacant parcels on Princess Anne Road �o FF y GGPINs '` 1494924949, 1494933251, 1494936055 ��"'r Fad M Site Size 5.68 acres AICUZ 65-70 dB DNL Watershed Southern Rivers �. 41. Existing Land Use and Zoning District lkc . ,._•.�.k `St '; Background and Summary of Proposal • The 5.68 acre property is zoned AG-2 Agricultural District, and is located within the Courthouse Historic and Cultural District Zoning Overlay.The property is home to the Kellam House,the original portion of which may date to the late 18'century, and its ancillary buildings. The site is a contributing resource in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. • The applicant proposes a Conditional Use Permit for an Assembly Use for the purpose of hosting events on the property to include reunions, weddings, and retreats. A Conditional Use Permit for an Open-Air Market is also requested for both the use of food trucks during these events and for craft/farmers markets. The craft markets would be limited to venders associated with the wedding industry. The markets would be held an average of once a month. • While the house will continue to be occupied by members of the family, some areas of the dwelling including two bathrooms, may be used during events. In addition, some of the ancillary buildings, including several sheds, will be used for storage. • No improvements to the property are proposed aside from the limited use of gravel and/or mulch to stabilize access to parking areas on the lawn, which are designated on the concept plan in the front, side and rear yards. It is anticipated that the Assembly Uses will include temporary tents and restroom trailers on site. No food preparation will be done in the home, but rather caterers and food trucks will provide food that will typically be prepared off site prior to service. • Access to the property will be via the existing entrance on Princess Anne Road. The applicant is aware that a commercial entrance, in compliance with Public Works standards,will be required in order to ensure safe ingress and egress along the right-of-way.A condition of approval is recommended to reinforce this requirement. • According to the applicant, while events could be as large as up to 350 guests, it is anticipated that most events will host between 100 and 250 persons. Temporary tents, as large as 60 feet x 120 feet will provide shelter and a defined entertainment space for guests. • Based on Section 203 of the Zoning Ordinance, a minimum of 72 parking spaces are required for the largest events. In Staffs assessment,there is adequate room to accommodate this number of spaces on site,and as depicted on the concept plan found on page 7 of this report. • While the minimum number of parking spaces is 72, it is Staffs belief that in this case that the parking needs will be excess of this minimum. Based on this,overflow parking areas are depicted on the plan in the rear yard within an existing fenced paddock area. In Staff's view, this area can accommodate approximately 62 spaces. Further,for larger events,the applicant intends to employ a valet service which will increase the efficiency of the parking areas and therefore the overflow parking capacity to 106 spaces. • The applicant is considering a small (maximum 4'x 4') unlit wooden sign for the front yard. As the site is located within the Historic and Cultural District, any signage is required to receive a Certificate of Appropriateness from the Historical Review Board. Phil Kellam Agenda Item 11 Page 2 AG-2 / Al : 'R- R-1ff_. -10 4/-4A FP9- �e jlc Zoning History # Request 1 REZ(AG-2 to B-2)Approved 10/21/1985 2 CRZ(AG-2 Conditional B-2)Approved 10/08/2013 • 3 CRZ(B-1 to Conditional B-2)Approved 06/11/1996 4 CUP(Motor Vehicle Rentals)Approved 04/22/2014 rN.444444.44N,'41,11110940,/ 4 i AG-2 • B-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 The proposed request for Conditional Use Permits for an Assembly Use and an Open-Air Market on the property is acceptable. The Kellam House will continue to be used as a residence and preserved in a manner that is compatible with its designation as a contributing resource in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District. Given the size of the property,the topographical conditions,the large expanses of lawn area, and the many mature trees throughout the property,the historic setting will provide a picturesque backdrop for events. According to the applicant,the use of the historic property for special events will ensure the future maintenance of the home and the property for many years into the future. The existing mature vegetation will remain to the greatest extent possible and will provide an adequate buffer along the shared property lines with the residential uses to the north. Actual site improvements will be minimal and are expected to ensure safe ingress and egress along the road. Staff is confident that the property can accommodate parking for the planned events. To ensure that adjacent residential uses are not negatively impacted,Staff recommends that no amplified music, use of speakers or monitors for the Assembly Use be permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. The Open-Air Market shall not be in operation from 10:00 p.m.to 8:00 a.m., and generators associated with food trucks are prohibited. Recommended Conditions Conditional Use Permit(Assembly Use) 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m.and 12:00 p.m. (noon),or for more than three (3) hours in any one day. Phil Kellam Agenda Item 11 Page 3 2. 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. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow,and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event,for each event exceeding 250 people,the applicant shall obtain a Special Event Permit and shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time,size and scope of activities. 8. Subject to Section 221 (k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore,this use, as conditioned herein, shall not cause public inconvenience,annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards(30 feet wide, 15 foot radii). 10. All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. 11. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. Conditional Use Permit(Open-Air Market) 1. The use shall not be in operation 10:00 p.m.to 8:00 a.m. 2. Unless otherwise authorized by the Zoning Ordinance,the Open-Air Market shall be limited to food trucks and open-air vendors in conformance with the submitted layout plan, shown on page 7 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. 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. 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 Phil Kellam Agenda Item 11 Page 4 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. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in the Suburban Area. Characteristics of the Suburban Area include predominantly low-density residential subdivisions; large tracts of land devoted to single-family dwelling units; low- intensity retail shopping centers, office complexes and employment centers that depend heavily on the use of the automobile; transportation systems designed for the automobile; and various sized tracts of parkland or open space with trail systems. Key planning principles for the Suburban Area that apply to this request include preserving neighborhood quality. This is achieved by maintaining compatibility with surroundings; quality of site and buildings; attractiveness of site and buildings; improved mobility; environmental responsibility; buffering of residential uses;and relationship to surrounding uses. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are many significant mature trees on the property; however,the applicant does not intend to remove any of them as a result of this request. The Kellam House is located within the Courthouse Historic and Cultural District Zoning Overlay. The house (DHR#134-0695) and ancillary buildings on the site are contributing resources in the Virginia Beach Courthouse Village and Municipal Center National Register of Historic Places Historic District (DHR#134-5299). Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Princess Anne Road 11,650 ADT 1 12,500 ADT 2 Proposed Land Use 3 -Dependent upon size of individual event. 'Average Daily Trips 2 Maximum Level of Service 3 No generation data available for "D",Under Capacity Assembly Use Category The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards(30 feet wide, 15 foot radii). Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane undivided minor arterial roadway adjacent to this site. No Capital Improvement Projects are slated in the vicinity of this site. Phil Kellam Agenda Item 11 Page 5 Public Utility Impacts Water The site is already connected to City water. The existing 5/8-inch meter (City ID#95142139) must be evaluated to determine if it is appropriately sized to accommodate the proposed use. There is an existing 16-inch City water main along Princess Anne Road. There is an existing 16-inch City water transmission main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494-92-4949. Sewer The site is already connected to City sewer. There is an existing eight-inch City sanitary sewer gravity main located within a 10-foot public utility and drainage easement on adjacent property along the northwestern property line of GPIN #1494933251. This sewer gravity main continues southwesterly across GPIN #1494924949. There is an existing eight- inch City sanitary sewer gravity main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494924949. There is an existing 10-inch City sanitary sewer force main located within a public utility and/or drainage easement on adjacent property along the southwestern property line of GPIN #1494924949. Phil Kellam Agenda Item 11 Page 6 Assembly Use Concept a, '7'*1 v, . N:a„.iiiiio0 III Q p., N. -6 S0 f o . —cik- Nip, O 4J O 112 �h 0V,I hQ o oo o pQ Q.• ! .' y ``_t's'' � m` fl hQ - 1 % I - c 4.,F.' . U / t t o' Q'hQ cf '— V C (Ts_ V _ '16):C ..: ;/ ;1- .2 0 .— moa co Oliatk. cv,, ii• , :,,..:.,1,0 cj' N c , J to . Pee •i ,,,, " mor ` 44r \, ,, 4,,,, ` 6. 0 > s.. ...,.., _,..j /p c- .,, \--------- ...• •,tx / es•iici 'q' I 0V" j,:::;*- /7 z d in a. CO fQ ,wo4wpuy- es. . Phil Kellam Agenda Item 11 Page 7 Open-Air Market Concept ih / \'Y N / G ; oo", / r O� m, � a`� ilt‘' LL oNb , 4Sbei s !5:7 0 4 1:411 o M V ‘ 0 TV Q �O/ DO po Q r; ir------ LLC qi ,0-it 7 .., ^) . j, /40)P/:' ca Q c - ca itioz _ 4 .i.-9 ? ,., o a' hQv cv :.... till', cb -:e ,5" E a` 0L /tea L > M� , 1 <%7 0 /4 N a 0*, 4 111 t 11, ,,c07/ .:' o y 4 1#"/-'' ' (: - -'"-' '' 4, ' 1. .' r Y e ill 1�6 d t fl 0, QQ- - :3;),.i I///\e,, 4, d o kv vy --1 -r- - (''' 0 .0: ,n .8 UJ 0 h [no 1101 1— '',/ A. `()) q Phil Kellam Agenda Item 11 Page 8 Site Photos ;' N ` 1111. 4 � �' Afit s ei 1 �_ I g, .X ` ' -�_ .amu ak 1 f 4 i w " £moi, '-''TF n�s,AM;;t . a:�•# SAF tr gg;y^p .' Y * � e l',,„`"1,-i, s1 R � Ana q{� ; y ! •�lf �• MN NN �. ._ �. !w {#, .. LJw S }�� r.'Gi ba - 3t N N Aft r Phil Kellam Agenda Item 11 Page 9 Disclosure Statement ItB APPLICANT'S NAME Phil Kellam 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 1_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 AppropriatenessAgreement J ! Street Closure (Historic Review Board) Franchise g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board . 4.i .. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit. Council meetin that ertains to the a licationis). APPLICANT NOTIFIED OF HEARING DATE • - - — - - - Dn� NO CHANGES AS OF DATE 41z5[14k 14(24, William Landfair L.: REVISIONS SUBMITTED DATE Phil Kellam Agenda Item 11 Page 10 Disclosure Statement \-13 Virginia Beach 0 Check here if the APPLICANT lS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is afferent from Applicant. ❑ Check here if the PROPERTY OWNER 15NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the PROPERTY OWNER 6a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: _ Y ____ If an LLC, list the member's names: Page 2 of 7 Phil Kellam Agenda Item 11 Page 11 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, , etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 Phil Kellam Agenda Item 11 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E Accounting and/or preparer of your tax return 0 111 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than nEl the APPlicant)- Identify purchaser and purchaser's service providers Any other pending or proposed 0 0 purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) EConstruction Contractors nEngineers/Surveyors/Agents Financing(include current Ei mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / ri 0 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 0 Ei 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 Phil Kellam Agenda Item 11 Page 13 — • — — — Disclosure Statement M3 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. 4` 7 APPLICk S5 SIGNATURE PRINT NAME DATE D Page 5 of 7 Phil Kellam Agenda Item 11 Page 14 Disclosure Statement 3 OWNER Viirgin aV Beach YES Ii l NO SERVICE 1 PROVIDER(use additional sheets if 1 needed) ( Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser — " and purchaser's service providers I i _ j_ __ —_. Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents 1 Financing (include current — mortgage holders and lenders selected or being considered to I provide financing for acquisition or construction of the property) Lega Services U I Real lBrokers / Estate -----7 � _ Agents/Realtors for current and I — ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 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? Page 6 of 7 Phil Kellam Agenda Item 11 Page 15 Disclosure Statement Virginia Beach [CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applica>;ion. PROPERTY OWNER'S SkliATURE PRINT NAME i DATE Page 7 of 7 Phil Kellam Agenda Item 11 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. Phil Kellam Agenda Item 11 Page 17 Item#11 Phil Kellam Conditional Use Permit (Open-Air Market & Assembly Use) 2384 Princess Anne Road and vacant parcels on Princess Anne Road District-Princess Anne April 10, 2019 RECOMMENDED FOR APPROVAL -HEARD Ms. Sandloop: Number Eleven, we have two speakers. Agenda Item Number Eleven, Phil Kellam, an application for conditional use permits, assembly use and open air market on property located at 2384 Princess Anne Road and vacant parcels on Princess Anne Road located in the Princess Anne District. Ms. Oliver: Welcome. Mr. Kellam: Good afternoon. My name is Alex Kellam, this is my wife, Chelsea and we are here seeking the approval for conditional use permit for private events, weddings and open air market. I'm the fourth generation to have grown up at the home at 2384 Princess Anne Road, and we have our fifth generation on the way and while my family has lived there over the past several years, we've had events such as reunions, holiday parties and private events such as weddings and engagement parties. And all of which accommodated hundreds of people. The home sits on specifically, its 5,000 square feet and sits on just around six acres of land and I like to point out to that this diagram here has three tents that are going to be in use. Those are just the areas we plan to have tents; we don't plan to have exactly three at the same time, so maybe two at the most, but that's something that's obviously going to be needed as an open wedding venue. And my wife here has been in the wedding business for several years and we plan to live there at the home and the only way to do that right now is to monetize it in order to keep it up with maintenance and preservation. Like I was saying she's been in the wedding business for several years, and has experience in the industry, so just coordination in wedding planning. She worked for a wedding planner for a number of years and has planned several of her own on the side. With the connections that we have built over the past few years, we invited several of these event professionals out to the property whether it be venue owners, photographers, event, rental companies, all came out and had extremely positive feedback to give us, many were surprised to find this space was right here in the heart of Virginia Beach. In closing, we are eager to get out and share this unique property and keep the traditions going, so any questions? Ms. Oliver: Any questions? Alright, well, we'll get back to you. Mr. Kellam: Thank you. Ms. Oliver: Thank you. Ms. Sandloop: We have two speakers, Felix Arnett and then Linda Russell. Ms. Russell:I am Linda Russell and... Ms. Oliver: You want to pull that microphone down. Great. Thank you. Ms. Russell: When I met these two, I think it was one of those gatherings. The Black Eyed Peas hang out I think with Mr. Kellam and he introduced me to the two of them and they proposed what they want to do and so I could just picture her on the steps as we came to the door. And I still feel the same way now and the fourth generation, fifth generation saying is great because we have our own bushes and all those generations of people. So, we have our own right here and I hope you approve it. Ms. Oliver: Great, thank you very much. Is that our last speaker? Ms. Sandloop: Yes ma'am. Ms. Oliver: Mr. Kellam, so since we don't have any speakers in opposition, does the commission have any questions for Mr. Kellam? No. Mr. Horsley:I think he was at the discussion this morning about the driveway and understands that and I think everything is good. Ms. Oliver: Good. Mr. Kellam: I appreciate it. Thank you very much. Ms. Oliver: Thank you very much. Mr. Horsley:I moved the application be approved. Mr. Inman: I second. Ms. Oliver: Okay. Mr. Fisher: Vote is open. Ms. Sandloop: By recorded vote of 11-0 Agenda Item Number Eleven, Phil Kellam has been approved. AYE 11 NAY 0 ABS 0 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS Conditional Use Permit (Assembly Use) 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 2. 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. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event, for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15 foot radii). 10. All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. 11. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. Conditional Use Permit(Open-Air Market) 1. The use shall not be in operation 10:00 p.m. to 8:00 a.m. 2. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to food trucks and open-air vendors in conformance with the submitted layout plan, shown on page 7 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. 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. L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 2019 CITY COUNCIL MEETINGS Tuesday, May 14 Special Session Tuesday, May 21 Formal Session Tuesday, May 28 Workshop Tuesday, June 4 Formal Session Tuesday, June 11 Workshop CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/16/2019 PAGE: 1 AGENDA ITEM# SUBJECT MOTION VOTE A H V V W W B E J A A R I 0 B DNO CMC 0 LW 0 O Y L N A 0 A US 0 T T E E EN S N S O O E T R Y S T S T ENDN CITY MANAGER'S BRIEFINGS 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 David Hansen, DEPUTIES City Manager Steven Cover, Deputy City Manager —Public Safety Regina Hilliard,Director —Human Resources C. POTENTIAL SALE OF EXCESS CITY Taylor Adams, PROPERTY—PRINCESS ANNE ROAD Interim Director— Economic Development D. POTENTIAL SALE OF EXCESS CITY Taylor Adams, PROPERTY AND COST Interim Director— PARTICIPATION—BONNEY ROAD Economic Development E. CLEAR CREEK HOLDINGS,LLC Robert Tajan,Director— Planning and Community Development F. SOMETHING IN THE WATER Brian Solis,Assistant to UPDATE the City Manager— Special Projects G. FY2019-2020 RESOURCE MANAGEMENT PLAN(Budget) 1. INFORMATION TECHNOLOGY Peter"Pedro"Wallace, Director 2. COMMONWEALTH'S ATTORNEY Colin Stole, Commonwealth Attomey 3. CLERK OF CIRCUIT COURT Tina Sinnen,Clerk 4. SHERIFF AND CORRECTIONS Ken Stolle,Sheriff 5. EMERGENCY COMMUNICATIONS Stephen Williams, AND CITIZEN SERVICES Director 6. EMERGENCY MEDICAL SERVICES Edward Brazle,Chief 7. FIRE DEPARTMENT David Hutcheson,Chief 8. POLICE DEPARTMENT James Cervera,Chief CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/16/2019 PAGE: 2 AGENDA ITEM# SUBJECT MOTION VOTE A H V V W W B E J A A R I 0 B DN 0 CMC 0 L W O O Y L N A 0 A US 0 T T EEENSNS O O E T R Y S T S T ENDN II/III/IV/ CERTIFICATION CERTIFIED 7-0 A Y Y Y A Y Y Y Y V/A-E G. PUBLIC COMMENT CANDIDATES FOR CITY COUNCIL 15 SPEAKERS VACANCY-BEACH DISTRICT H. PUBLIC HEARING 1. NON-EXCLUSIVE FRANCHISE NO SPEAKERS USE ExteNet Systems(Virginia),LLC J. J.1. Resolution to DIRECT the City ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y Attorney to file a Petition for Writ of CONSENT Special Election re the Rose Hall District Vacancy J.2. Resolutions to REQUEST the Virginia ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y Department of Transportation(VDOT) CONSENT ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory J.3. Ordinance to DONATE promotional ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y items for Historic Preservation Month to CONSENT Preservation Virginia re raise awareness for ongoing preservation needs at Cape Henry Lighthouse J.4. Ordinance to AUTHORIZE the City ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y Manager to EXECUTE a Lease of City- CONSENT 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" J.S. Ordinance to AUTHORIZE temporary ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y encroachments into portions of City CONSENT rights-of-way known as Commerce Street and Central Park Avenue re elevated patios J.6. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 from VB Home Now,Inc.to the ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y FY 2018—19 Housing and CONSENT Neighborhood Preservation Operating Budget re assist families to obtain and keep housing b. $375,912 from Virginia Department of ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y Emergency Management re mobilization CONSENT of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Florence CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/16/2019 PAGE: 3 AGENDA ITEM# SUBJECT MOTION VOTE A H V V W W B E J A A R I 0 B DN 0 CMC 0 LW 0 O Y LN A 0 A US 0 T T EEENSNS 0 0 E T R Y S T S T ENDN J.7. Ordinance to APPROPRIATE ADOPTED,BY 7-0 A Y Y Y A Y Y Y Y $171,705 to the FY2018-19 Fire CONSENT Department Operating Budget re purchase of replacement protective apparel and breathing apparatus equipment K. K.1. CLEAR CREEK HOLDINGS,LLC APPROVED/AS 4-3 A Y Y Y A NN Y N for a Conditional COZ from R-10 PROFFERED 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 K.2 PRINCESS ANNE HOTEL,LLC and APPROVED/AS 7-0 A Y Y Y A Y Y Y Y CITY OF VIRGINIA BEACH for a PROFFERED,BY Conditional Change of Zoning from B-2 CONSENT Community Business to Conditional B-4 Mixed Use at the northeast comer of Princess Anne Road&Community College Place re construction of hotel DISTRICT I—CENTERVILLE K.3 EMMANUEL PROTESTANT APPROVED/ 7-0 A Y Y Y A Y ▪ Y Y Y EPISCOPAL CHURCH for a CONDITIONED,BY Modification of Conditions re child care CONSENT education center within a religious use at 5181 Singleton Way DISTRICT 2—KEMPSVILLE K.4 NORTH LANDING BEACH RV APPROVED/ 7-0 A Y Y Y A Y Y Y Y RESORT&COTTAGES/ CONDITIONED,BY VIRGINIA BEACH,LLC for a CONSENT Modification of Conditions re construct two(2)community piers at161 Princess Anne Road DISTRICT 7—PRINCESS ANNE K.5 B&W TATTOOING,LLC and APPROVED/ 7-0 A Y Y Y A Y Y Y Y CAPITAL FINANCE,INC.for a CONDITIONED,BY Conditional Use Permit re tattoo parlor CONSENT at 172 South Plaza Trail,Suite F DISTRICT 6—BEACH K.6 NORFOLK VIRGINIA BEACH APPROVED/ 7-0 A Y Y Y A Y Y Y Y AIRPORT,INC.for a Conditional Use CONDITIONED,BY Permit re bulk storage yard at the CONSENT vacant parcel on the west side of Miller Store Road DISTRICT 4—BAYSIDE K.7 B&L INVESTMENT GROUP,LLC APPROVED/ 7-0 A Y Y Y A Y ▪ Y Y Y for a Conditional Use Permit re motor CONDITIONED,BY vehicle sales at 202 South Newtown CONSENT Road DISTRICT 2—KEMPSVILLE 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/16/2019 PAGE: 4 AGENDA ITEM# SUBJECT MOTION VOTE A H V V W W B E J A A R I 0 B DNOCMC 0 L W0 O Y L N A 0 A U S 0 T T E EENSNS O O E T R Y S T S T ENDN K.8 PLEASURE HOUSE BREWING, APPROVED/ 7-0 A Y Y Y A Y Y Y Y LLC and WEATHERSBY CONDITIONED,BY PROPERTIES for Conditional Use CONSENT Permits re craft brewery&open-air market at 2032 Pleasure House Road DISTRICT 4—BAYSIDE L. APPOINTMENTS: RESCHEDULED BYCONS EN SUS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY BOARD BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION AUDIT COMMITTEE Reappointed: Sharon Brown 3 Year Term 5/1/2019—4/30/2022 Appointed: Louis Jones City Council Member Ex-Officio Unexpired thru 4/30/2020 BAYFRONT ADVISORY BOARD Appointed: Phil Davenport Bayfront Area Unexpired thru 6/30/2020 COMMUNITY POLICY AND Appointed: MANAGEMENT TEAM Nancy Bloom City Council Designee Unexpired thru 3/31/2021 Amanda Caton Health Department Representative Unexpired thru 1/31/2020 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/16/2019 PAGE: 5 AGENDA ITEM# SUBJECT MOTION VOTE A H V V W W B E J A A R I 0 B DNOCMC 0 LW 0 O Y L N A 0 A U S 0 T T EEENSNS 0 0 E T R Y S T S T ENDN DEFERRED COMPENSATION Appointed: BOARD Mary Graessle Employee Relations Manager No term HAMPTON ROADS ECONOMIC Appointed: DEVELOPMENT ALLIANCE Mayor Robert M.Dyer No term HISTORIC PRESERVATION Appointed: COMMISSION Patrick Kane Unexpired thru 12/31/2020 MINORITY BUSINESS COUNCIL Reappointed: Kelvin Arthur Harshad Barot Ed Hopper Olga Torres 2 Year Term 6/1/2019—5/31/2021 OPEN SPACE ADVISORY Reappointed: COMMITTEE Maury Hill Harold Millett Thomas Johnson Joseph Walton 3 Year Term 6/1/2019—5/31/2022 PUBLIC LIBRARY BOARD Appointed: Chris Hutcheson Unexpired thru 8/31/2019 +4 Year Term 9/1/2019—8/31/2023 M/N/O ADJOURNMENT 7:31 PM 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