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6-18-2019 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 4C'‘Nu' c+$ VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 Ooh JESSICA P.ABBOTT,Kempsville-District 2 / _ MICHAEL F BERLUCCHI,Rose Hall-District 3 E` BARBARA M.HENLEY Princess Anne-District 7 LOUIS R.JONES Bayside-District 4 " �: JOHN D.MOSS,At Large i AARON R.ROUSE,At Large r'oF oU Mp pY GUY K.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR RONALD D.AGNOR June 18, 2019 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS CITY CLERK-AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A. BUILDING 2: 1. CONTINUITY OF OPERATIONS Mark A. Johnson, Director—Public Works Bob Montague, Director—Public Utilities Peter"Pedro" Wallace, Director—Information Technology Bobby J. Tajan, Director—Planning 2. INTERIM PLAN Thomas Nicholas, Facilities Engineer—Public Works B. MUNICIPAL CENTER FACILITIES LONG-TERM Thomas Nicholas, Facilities Engineer—Public Works C. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC): 1. AUDIT RESULT Lyndon Remias, City Auditor 2. VBCDC MANAGEMENT RESPONSE AND CORRECTIVE ACTION PLAN Jessica Guglielmo, Interim Chief Executive Officer 3. STAFF RESPONSE AND WAY FORWARD Andrew Friedman, Director—Housing and Neighborhood Preservation D. SIX WEEK FAMILY LEAVE POLICY Regina Hilliard, Director—Human Resources II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Father John Manuel Saint Nicholas Greek Orthodox Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 4, 2019 G. PUBLIC HEARING 1. CREATION OF A SPECIAL SERVICE DISTRICT(SSD) Schilling Point Neighborhood Dredging Project H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances re Schilling Point Neighborhood Dredging: a. AMEND City Code to ADD Section 35.3-14 and CREATE Schilling Point Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes b. ESTABLISH Capital Improvement Project#8-037 and TRANSFER from the General Fund Reserve $137,718 re engineering and design work and $173,896 to Capital Improvement Project#8-027 re costs related to the maintained City spur 2. Ordinance to ADD City Code Section 18-108.3 re certain mobile food units 3. Resolutions to DIRECT the City Manager to: a. DEVELOP and IMPLEMENT a policy re paid six (6) week family leave (requested by Council Member Moss)- Deferred from May 14, 2019 b. EVALUATE and RECOMMEND re implementation enhanced security for City buildings (requested by Council Member Wooten) 4. Resolution in MEMORY of the Victims re May 31, 2019 Tragedy (requested by Council Member Wooten) 5. Resolution to SUPPORT a Bill re allow Localities to prohibit the carrying of firearms in governmental buildings (requested by Council Members Tower and Wooten) 6. Ordinance to APPOINT three(3) viewers for one-year terms beginning July 1, 2019 re view streets and alleys proposed to be altered or vacated 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four (4) existing block pillars and two (2) existing block walls (Deferred from May 21, 2019) 8. Ordinances to AUTHORIZE and ACCEPT a donation re use of office space at 2875 Sabre Street from 2700 International Parkway Corporation for a period of one (1) year with the option to extend for two (2) one-year terms a. Suite 250 b. Suite 500 9. Ordinances to TRANSFER: a. $40,000 within Public Works FY 2018-19 Operating Budget re purchase of thermoplastic paint kettles b. $330,000 from the Police Department FY 2018-19 Operating Budget to the Fire Department Operating Budget re overtime expenses c. $130,000 Juvenile Probation within the FY 2018-19 Operating Budget for contingencies and $20,000 from the General Fund Reserve re contingencies to support Juvenile Dispositional Court Services d. Ordinance to TRANSFER$1.5-Million from the Police Department and Public Works FY 2018-19 Budgets and AMEND the scope of Capital Improvement Project#3-149 (the Various Buildings Rehabilitation and Renewal IV) re SUPPORT expenses from May 31, 2019 Tragedy 10. Ordinance to APPROPRIATE $600,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriffs Office FY 2018-19 Operating Budget re payroll obligations and medical expenses J. PLANNING 1. INDIAN COVE RESORT ASSOCIATION,INC. for a Modification of Conditions re overflow parking or relocation of pavilion within the campground at 1053 Sandbridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC for an Amendment to the Timberlake PD-Hl Land Use Plan re ADD an Indoor Recreational Facility over 7500 square feet as a permitted use at 4239 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. DML DESIGNS, LLC, T/A TRINITY TATTOO CO./MISHORIM GOLD VAB, LP for a Conditional Use Permit re tattoo parlor & body piercing establishment at 2720 North Mall Drive, Suites 112 & 116 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. AT ASSOCIATES, LLP for a Conditional Use Permit re car wash facility at 2677 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JOSEPHINE P. PARKER for a Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage yard at 573 Central Drive DISTRICT 6—BEACH RECOMMENDATION: DEFERRAL TO AUGUST 6, 2019 6. MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3 —ROSE HALL RECOMMENDATION: DEFERRAL TO AUGUST 6, 2019 7. Ordinances to AMEND City Zoning Ordinance (CZO): a. Section 103 re notification to property owners b. Section 107 re time limitations for City Council referral of Zoning Amendments to Planning Commission for action RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD , EASTERN VIRGINIA MEDICAL SCHOOL HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, June 25 Workshop Tuesday, July 2 Formal Session Tuesday, July 9 Formal Session Wednesday, July 10 Governance Special Session Tuesday,August 6 Formal Session Tuesday,August 13 Workshop Tuesday,August 20 Formal Session 6/18/19 jag MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL/CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A. BUILDING 2: 1. CONTINUITY OF OPERATIONS Mark A. Johnson, Director—Public Works Bob Montague, Director—Public Utilities Peter"Pedro" Wallace, Director—Information Technology Bobby J. Tajan, Director—Planning 2. INTERIM PLAN Thomas Nicholas, Facilities Engineer—Public Works B. MUNICIPAL CENTER FACILITIES LONG-TERM Thomas Nicholas, Facilities Engineer—Public Works C. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC): 1. AUDIT RESULT Lyndon Remias, City Auditor 2. VBCDC MANAGEMENT RESPONSE AND CORRECTIVE ACTION PLAN Jessica Guglielmo, Interim Chief Executive Officer 3. STAFF RESPONSE AND WAY FORWARD Andrew Friedman, Director—Housing and Neighborhood Preservation D. SIX WEEK FAMILY LEAVE POLICY Regina Hilliard, Director—Human Resources II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Father John Manuel Saint Nicholas Greek Orthodox Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 4, 2019 G. PUBLIC HEARING 1. CREATION OF A SPECIAL SERVICE DISTRICT (SSD) Schilling Point Neighborhood Dredging Project PUBLIC HEARING: AN ORDINANCE TO CREATE A SPECIAL SERVICE DISTRICT FOR THE SCHILLING POINT NEIGHBORHOOD DREDGING PROJECT As required by Code of Virginia §15.2-2400,the City Council of Virginia Beach,Virginia wit hold a public hearing on an ordinance to create a Special Service District for the Schilling Point Neighborhood Dredging Project. The Public Hearing will be held on June 18,2019,at 6 p.m.in the City Council Chamber. The Chamber is located on the second floor of City Hall, at 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed special service district. A copy of the proposed ordinance,including a map of the district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-3854303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes ' City Clerk e Beacon May 26,June 2 and 9 9,2019. H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinances re Schilling Point Neighborhood Dredging: a. AMEND City Code to ADD Section 35.3-14 and CREATE Schilling Point Neighborhood Dredging Special Service District(SSD) and LEVY additional taxes b. ESTABLISH Capital Improvement Project#8-037 and TRANSFER from the General Fund Reserve $137,718 re engineering and design work and$173,896 to Capital Improvement Project#8-027 re costs related to the maintained City spur 2. Ordinance to ADD City Code Section 18-108.3 re certain mobile food units 3. Resolutions to DIRECT the City Manager to: a. DEVELOP and IMPLEMENT a policy re paid six(6)week family leave(requested by Council Member Moss)-Deferred from May 14, 2019 b. EVALUATE and RECOMMEND re implementation enhanced security for City buildings (requested by Council Member Wooten) 4. Resolution in MEMORY of the Victims re May 31,2019 Tragedy(requested by Council Member Wooten) 5. Resolution to SUPPORT a Bill re allow Localities to prohibit the carrying of firearms in governmental buildings (requested by Council Members Tower and Wooten) 6. Ordinance to APPOINT three (3)viewers for one-year terms beginning July 1, 2019 re view streets and alleys proposed to be altered or vacated 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four(4) existing block pillars and two (2) existing block walls (Deferred from May 21, 2019) 8. Ordinances to AUTHORIZE and ACCEPT a donation re use of office space at 2875 Sabre Street from 2700 International Parkway Corporation for a period of one(1)year with the option to extend for two(2) one-year terms a. Suite 250 b. Suite 500 9. Ordinances to TRANSFER: a. $40,000 within Public Works FY 2018-19 Operating Budget re purchase of thermoplastic paint kettles b. $330,000 from the Police Department FY 2018-19 Operating Budget to the Fire Department Operating Budget re overtime expenses c. $130,000 Juvenile Probation within the FY 2018-19 Operating Budget for contingencies and $20,000 from the General Fund Reserve re contingencies to support Juvenile Dispositional Court Services d. Ordinance to TRANSFER$1.5-Million from the Police Department and Public Works FY 2018- 19 Budgets and AMEND the scope of Capital Improvement Project#3-149 (the Various Buildings Rehabilitation and Renewal IV)re SUPPORT expenses from May 31,2019 Tragedy 10. Ordinance to APPROPRIATE $600,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriffs Office FY 2018-19 Operating Budget re payroll obligations and medical expenses c ., owF;c t, itir -1 IA CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: (1) An Ordinance to Amend the Code of the City of Virginia Beach to Create the Schilling Point Neighborhood Dredging Special Service District and to Levy Additional Taxes on Real Property within the Schilling Point Neighborhood Dredging Special Service District (2) An Ordinance to Create Capital Project #8-037, "Schilling Point Neighborhood Dredging," and to Transfer Funds to CIP #8-037 and CIP #8-027 "Neighborhood Dredging Spur Channels." MEETING DATE: June 18, 2019 ■ Background: In the FY 2011-12 Budget process, City Council adopted a policy for neighborhood dredging and the creation of neighborhood special service districts. Benefits expected through the establishment of a neighborhood dredging special service districts include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. As provided by the policy, the City may partner with neighborhoods wherein at least 80% of the affected property owners provide signed petitions asking for the establishment of a special service district. As part of this agreement, the City will pay for the dredging of the City spur channel, which connects the neighborhood to the main city channel, and the Special Service District will pay for the neighborhood channel dredging. The spur channels are programmed and funded though CIP #8-027 Neighborhood Dredging Spur Channels, and the neighborhood channels are budgeted within standalone CIP project. The City, through the Department of Public Works, has received signed petitions from a sufficient number of the affected property owners in the Schilling Point area to meet the 80% threshold. The Schilling Point area Dredging Special Service District ("Service District") will serve 11 properties. The first dredging is planned in FY 2021-22, with the second and third dredging cycles to occur in FY 2027-28 and FY 2034-35, respectively. City staff has provided the enumerated special service district levy based on the FY 2018- 19 assessed values of the properties within the service district. The staff will re-calculate the estimated project costs and the additional real estate levy at least every four years or after the completion of the first dredging. After the completion of the third dredging cycle and the payment of any outstanding costs associated with the dredgings, the Service District will dissolve, and the properties will no longer be subject to the additional levy. • Considerations: State law permits the City to establish a special service district for the purpose of providing additional services, including dredging creeks and rivers to maintain existing uses. A neighborhood dredging project is a partnership between the City, the neighborhood, and the property owners. For the Schilling Point Neighborhood, Neighborhood Dredging SSD Page 2 of 2 the City's obligation for the spur channel is estimated to be $173,896 for the initial dredging in FY 2021-22. The first of the three neighborhood channel dredgings funded by the Service District is estimated to be $255,697. In addition, property owners have the option of providing individual contributions to pay the costs associated with property access channel dredging; however, these costs are not reflected in the project at this time. The table below outlines the planned funding for the first dredging cycle for this project. Cumulative Funding Sources FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Total Real Estate Tax Revenue from SSD $117,978 $117,978 City Upfront Payment of Neighborhood Dredging* 137,718 $137,718 City Spur Channel Obligation (CIP 8-027) 173,986 $173,896 $311,704 39,326 $429,682 *to be reimbursed by SSD revenues in future years The cumulative $117,978 in revenue generated from the SSD will be transferred to the CIP in FY 2021-22 from the Schilling Point Special Revenue Fund to support the SSD's obligation to the project. The Service District is not anticipated to generate ample funding through the levy to complete the first neighborhood channel dredging in FY 2021-22 as planned; therefore, the City will provide $137,718 in additional funding beyond the City's contribution for the spur channel in order to initiate the first dredging, with the Service District repaying the City's General Fund in future years. Using the FY 2018-19 assessed values, the additional levy on the 11 properties is 40.4 cents per$100 of assessed value. This levy will provide the funding for the neighborhood channel dredging. The effective date of the Special Service District will be July 1 , 2019. A second ordinance is attached. This ordinance establishes Capital Project #8-037, "Schilling Point Neighborhood Dredging," to capture the costs associated with the Schilling Point Neighborhood Dredging Project. A total of $137,718 is provided to the project in FY 2018-19 for surveys, design, environmental mitigation, and contingencies from the Neighborhood Dredging Reserve for Contingencies that was established in FY 2018-19 Operating Budget. In addition, the Neighborhood Dredging Reserve for Contingencies will transfer $173,896 in FY 2018-19 to CIP #8-027, Neighborhood Dredging Spur Channels, for the City's obligation for the spur channel. • Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public information will be provided through the normal Council agenda process. • Recommendations: Approval of the two attached ordinances. • Attachments: Ordinances (2), Map, Property List Recommended Acti• •• Approval Submitting D: •a - • -ncy: Public Works b City Manager \ 1 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE 2 THE SCHILLING POINT NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 4 TAXES ON REAL PROPERTY WITHIN THE SCHILLING 5 POINT NEIGHBORHOOD DREDGING SPECIAL SERVICE 6 DISTRICT 7 8 SECTION ADDED: 35.3-14 9 10 WHEREAS, the City of Virginia Beach has received signed petitions from at least 11 80% of the residents of the Schilling Point Dredging Area waterfront property owners; 12 and 13 14 WHEREAS, the petitions provide the signers commit to the imposition of special 15 service district ("SSD") taxes and other contributions as set forth in further detail herein; 16 and 17 18 WHEREAS, the Schilling Point Area Dredging Project ("Project") includes three 19 (3) cycles of dredging; and 20 21 WHEREAS, although the SSD taxes will begin July 1 , 2019, the first dredging is 22 planned for FY 2021-2022, the second is planned for FY2027-28, and the third is 23 planned for FY 2034-35; and 24 25 WHEREAS, the Project is a partnership addressing related dredging activities: 26 the community channel dredging, which is supported by City contributions to the Special 27 Service District; the neighborhood channel dredging, which is supported by the levy of 28 Special Service District taxes; and the access channels, which are supported by 29 individual contributions to the Special Service District; and 30 31 WHEREAS, the rate established by this Ordinance is based on the FY2018-19 32 real estate assessed value of the subject properties; and 33 34 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum 35 of every four (4) years; and 36 37 WHEREAS, the City Council of the City of Virginia Beach believes that 38 undertaking the Project is in the best interest of the public and is a reasonable exercise 39 of the City's authority to promote general welfare, including commerce and industry of 40 the City and the inhabitants thereof. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended to add 46 Section 35.3-14 as follows: 47 48 Section 35.3-14. Creation of the Schilling Point Area Dredging Special Services 49 District. 50 a. There is hereby created the Schilling Point Area Dredging Special Service 51 District for the purposes set forth in this chapter and those set forth in Code of 52 Virginia, section 15.2-2403. 53 b. The boundaries of the Schilling Point Area Dredging Special Service District shall 54 be described in detail by the map attached to this ordinance. 55 c. The Schilling Point Area Dredging Special Service District shall dissolve on July 56 1, 2035, if not sooner. 57 58 2. There shall be levied and collected taxes for the special purpose of providing 59 neighborhood dredging on all real estate within and pursuant to the Hurd's Cove Area 60 Dredging Special Service District at the rate of 40.4 cents ($0.404) on each one 61 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 62 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 63 adopted by City Council. Any deferral of such levies for elderly or disabled persons 64 shall be subject to § 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written 65 consent is required to apply this tax rate to the full assessed value of properties subject 66 to special use value assessment. The real estate tax rate imposed herein shall be 67 applied on the basis of one hundred percentum (100%) of the fair market value of such 68 real property except for public service real property, which shall be on the basis as 69 provided in Code of Virginia § 58.1-2604. 70 71 3. The City Manager or designee is hereby authorized to enter into contracts and to 72 perform other actions consistent with this ordinance. 73 74 4. Paragraphs 1 and 3 shall be effective immediately. 75 76 5. Paragraph 2 shall be effective July 1, 2019. 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 CONTENT: c ‘.k. c.i? i,r/Li4 -- Management Services Public Works APPROVED AS TO LEGAL SUFFICIENCY: Ci 't• ney's Office CA14760 R-1 May 28, 2019 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-037, 2 "SCHILLING POINT NEIGHBORHOOD DREDGING" AND 3 TO AMEND BOTH THE FY 2018-19 CAPITAL 4 IMPROVEMENT PROGRAM AND FY 2019-20 OPERATING 5 BUDGET 6 7 WHEREAS, by separate ordinance the City Council established the Schilling Point 8 Neighborhood Dredging Special Service District; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, THAT: 12 13 1 . Capital Improvement Project #8-037, "Schilling Point Neighborhood Dredging" is 14 hereby established in the FY 2018-19 Capital Improvement Program; and 15 16 2. $137,718 is hereby transferred from the General Fund Reserve for Contingencies, 17 Neighborhood Dredging, to Capital Project #8-037 for engineering and design 18 work; and 19 20 3. $173,896 is hereby transferred from the General Fund Reserve for Contingencies, 21 Neighborhood Dredging, to Capital Project #8-027, "Neighborhood Dredging Spur 22 Channels" for costs related to the City maintained spur associated with the 23 Schilling Point Special Service District. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Management Services Public Works APPROVED AS TO LEGAL SUFFICIENCY: tt.rney's Office CA14761 R-1 June 4, 2019 e 0 . 4 ii 1 p,,,r 1 / / / ,,,, .,,., „.„., / , 4,,,,- „„,,,,,,,, , / , ..., , , ../ V-k-'7. & ---',-./ /7 // - / >- t*:1-' 41? / / ________( / 4 44" 1C-71 \\ - nF'' Qtr © Z ,,,. 9'1} I 1013 1000 . 10 \ - • o(9 aw -' .066 6y*.? O c.,:1 ;€ 5 '6'6 11 1021 O - C) 4041 w« 1 1 ....s. _•• .• . ; a 'e'V 46! 101 N , i 0 ` :, 1012 _ " 1008 \------ N. / p �III 1020O __ MhopprN�� � 100t / : - ,/ , --- ,/ ' , 4)f _ , efi , , I .Vi .-T'rs-s- '' , *- ,, oucwxc.aM*w , A , -)_____:,--,0 .,„ \,. / \ -141 ---'° -.e. /d"j r a Legend ` r e Main Channel ,'i. I I C City Funded Spur I Neighborhood Funded Spur il. , L OStudy Area Property e f \------ _�` City Property -- — Property Lines - \ f o �..,..ma,po..., ATTACHMENT A •. [Su.*mire `••` Schilling Point SSD Dredging Project ; , (11 Properties) ATTACHMENT B - PROPERTY LISTING NEIGHBORHOOD DREDGING FOR THE PROPOSED SCHILLING POINT SSD GPIN Address 14880489680000 4041 BRIDGEHAMPTON LN 14880563320000 4049 BRIDGE HAMPTON LN 14880571360000 4045 BRIDGEHAMPTON LN 14880521660000 1013 SAW PEN POINT TRL 14880532740000 1009 SAW PEN POINT TRL 14880543420000 1005 SAW PEN POINT TRL 14880439540000 4049 SCHILLING PT 14880540910000 4048 SCHILLING PT 14880436940000 1012 WITCH POINT TRL 14880456910000 1008 WITCH POINT TRL 14880464960000 1004 WITCH POINT TRL #SSD Participants: 11 w17.:', , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 18-108.3 to the City Code Pertaining to Certain Mobile Food Units MEETING DATE: June 18, 2019 ■ Background: After extensive discussions with the mobile food business community and other community stakeholders, the Council adopted City Code § 18- 108.2 on February 19, 2019. This ordinance established a subclassification for purposes of business license taxes for mobile food businesses. The ordinance sought to extend the same business license rate structure applied to restaurants to mobile food businesses. In its 2019 Session, the General Assembly passed SB1425, which was subsequently signed by the Governor (2019 Acts of Assembly c.791). The legislation will be effective July 1, 2019. SB1425 addresses mobile food business, and it mandates the treatment of a "new business," as defined in the legislation, differently from existing businesses for a two-year period. Accordingly, the City Code requires updating to reflect the disparate treatment of mobile food units that meet the definition of "new business." • Considerations: The attached ordinance creates a new section in the Business License Chapter of the City Code. This new section incorporates the statutory definitions from SB1425, and it incorporates the tax situs rule set forth in the legislation. In general terms, the legislation requires that for purposes of the license tax all gross receipts of the "new business" are deemed to have arisen in the locality where the mobile food unit first registers. This situs rule extends for two years from the initial registration of the mobile food unit. The legislation requires a mobile food unit to register with the Commissioner of Revenue in each locality wherein the mobile food unit operates regardless of whether the owner is exempt from paying license taxes in the locality because of the new tax situs rule. This registration requirement is intended to allow the City to collect the meals taxes upon the transactions of the mobile food unit. The proposed ordinance includes this registration requirement, and it includes the same compliance features (statutory assessment, fine, and bond requirement) that the City has used for other instances wherein the City intended to encourage businesses to comply with applicable tax laws. Because SB1425 concerns the situs of gross receipts, the ordinance includes a clarifying note that any business subject to the new section shall also comply with other requirements imposed by the City's police power including criminal records checks and parking restrictions. ■ Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 2019 Acts of Assembly c. 791 Recommended Action: Approval • A ) 1 Submitting Department/• • = 4 cy: Commissioner of Revenue i City Manager: ► Ij P 1 AN ORDINANCE TO ADD SECTION 18-108.3 2 TO THE CITY CODE PERTAINING TO 3 CERTAIN MOBILE FOOD UNITS 4 5 SECTION ADDED: § 18-108.3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That Section 18-108.3 is hereby added to the City Code and reads as follows: 11 12 Sec. 18-108.3 — Mobile Food Units; New Business; Registration; Penalties. 13 14 (a) For purposes of this business license sub-classification, the following definitions shall 15 apply: 16 17 1. "Mobile food unit" means a restaurant that is a self-propelled motor vehicle or 18 trailer and readily movable from place to place at all times during operation. 19 2. "New business" means a business that locates for the first time to do business 20 in a Virginia locality. A business shall not be deemed to be a new business 21 based on a merger, acquisition, similar business combination, name change, 22 or change to its business form. 23 24 (b) If the owner of a new business that operates a mobile food unit pays the license tax 25 required by another Virginia locality in which the mobile food unit is registered, such 26 owner shall not be required to pay a license tax in the city for a period of two license 27 years after the payment of the initial license tax in the Virginia locality in which the 28 mobile food unit is registered. The preferential business license tax treatment provided 29 by this section may apply to up to three mobile food units provided all three units are 30 registered in the same Virginia locality and there is a shared owner of the three units. 31 32 (c) At the conclusion of the two license year period described in subsection b, the mobile 33 food unit shall register for the business license set forth in section 18-108.2 and 34 complete all requirements set forth therein. 35 36 (d) Prior to operation in the City, any owner of a mobile food unit subject to this section 37 shall register with the commissioner of the revenue regardless of whether the owner 38 is exempt from paying the license tax pursuant to this section. 39 40 (e) The commissioner of the revenue shall assess a statutory assessment for meals taxes 41 for any owner that fails to register with the commissioner of the revenue prior to 42 conducting taxable meals tax transactions. 43 44 (f) Upon the second occurrence of a mobile food unit failure to register with the 45 commissioner of the revenue as required by subsection d, the commissioner shall levy 46 a penal fine of $500 upon the owner of the mobile food unit. This fine shall be in 48 addition to any statutory assessment or other remedy for the failure to collect and remit 49 meals taxes. 50 51 (g) Upon the second or subsequent occurrence of a mobile food unit failure to register 52 with the commissioner of the revenue as required by subsection d, the commissioner 53 of the revenue shall require the mobile food unit post a bond with corporate surety to 54 insure the faithful performance of the mobile food unit's duties to the city as to meals 55 taxes collected and held in trust for the city. The bond, including corporate surety 56 thereon, shall be in a form deemed satisfactory to the city attorney. The bond shall 57 not be in an amount less than $1000. The commissioner of the revenue may accept 58 an irrevocable letter of credit in lieu of a bond required by this subsection, provided 59 the letter must be reviewed and approved by the city attorney. The owner of a mobile 60 food unit required to obtain the bond described herein shall be guilty of a Class 1 61 misdemeanor for the failure to produce the evidence of compliance when demand for 62 same has been made by either an agent of the commissioner of the revenue or any 63 law enforcement officer. 64 65 (h) Any requirement imposed under the City's police power to require a criminal records 66 check or certain limitations upon parking set forth in Section 18-108.2 or elsewhere in 67 the City Code shall apply to any business subject to this section. 68 69 2. This ordinance shall be effective July 1, 2019. 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: ommissioner of the Revenue Ci y or'ey's Office CA14757 R-1 June 6, 2019 VIRGINIA ACTS OF ASSEMBLY-- 2019 SESSION CHAPTER 791 An Act to amend the Code of Virginia by adding a section numbered 58.1-3715.1, relating to local license tax; mobile food units. [S 1425] Approved March 22,2019 Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 58.1-3715.1 as follows: §58.1-3715.1. License requirements for mobile food units. A. For purposes of this section, unless the context requires a different meaning: 'Mobile food unit" means a restaurant that is mounted on wheels and readily moveable from place to place at all times during operation. "New business" means a business that locates for the first time to do business in a locality. A business shall not be deemed to be a new business based on a merger, acquisition, similar business combination, name change, or change to its business form. B. If the owner of a new business that operates a mobile food unit pays the license tax required by the locality in which the mobile food unit is registered, such owner shall not be required to pay any further license tax imposed by any other locality for conducting business from such mobile food unit in the confines of such other locality. The exemption from paying the license tax in other localities shall expire two years after the payment of the initial license tax in the locality in which the mobile food unit is registered, and during the two-year period, the owner shall be entitled to exempt up to three mobile food units from license taxation in other localities. C. The owner of a mobile food unit shall be required to register with the commissioner of the revenue or director of finance in any locality in which he conducts business from such mobile food unit, regardless of whether the owner is exempt from paying license tax in the locality pursuant to the provisions of this section. 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Develop a Policy and Implement Paid Six Week Family Leave MEETING DATE: June 18, 2019 • Background: This resolution, which was brought forth at Councilmember Moss's request during the budget process, directs the City Manager to develop and implement a policy of six week family leave. The resolution provides that the policy may be implemented in phases or in whole. If implemented in phases, each phase shall consist of not less than one additional week during each operating budget beginning with FY 2019-20. This item was on the City Council's Agenda for consideration on May 14, 2019. After discussion, the Council deferred it to June 18, 2019. • Considerations: The City's Human Resources Department previously implemented paid three week birthing parent leave and paid two week non-birthing parent leave. • Public Information: Normal Council agenda process. This item was previously on the Council's Agenda for May 14, 2019. • Attachments: Resolution Initially Sponsored by Councilmember Moss. Deferred to June 18, 2019, by the City Council. REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO DIRECT THE CITY 2 MANAGER TO DEVELOP A POLICY AND 3 IMPLEMENT PAID SIX WEEK FAMILY LEAVE 4 5 WHEREAS, the City's Human Resources Department has implemented paid three 6 week birthing parent leave and paid two week non-birthing parent leave; 7 8 WHEREAS, the City Council desires to provide direction to implement family leave 9 that is competitive with industry standards. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Manager is directed to develop a policy and implement paid six week 15 family leave, which may be implemented by phases or in whole. If implemented by 16 phases, each phase shall not be less than one additional week each operating budget 17 beginning with the FY19-20 Operating Budget. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Att.rney's Office CA14747 R-1 May 9, 2019 ^p'nug qc;, ,Oc =, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Evaluate and Recommend for Implementation Enhanced Security at City Buildings MEETING DATE: June 18, 2019 • Background: The tragic events of May 31, 2019, highlight the need for increased security measures at City governmental buildings and for governmental meetings, including forums sponsored by governmental and elected officials. Increased security measures could include the installation of metal detectors at all entrances to City buildings and the presence of law enforcement or security officers at all City buildings or governmental meetings or forums, among other things. Consideration also must be given to the costs of such measures and the impacts on employees and visitors to City facilities and the unique features of certain City facilities. • Considerations: The City Council needs additional information in order to make informed decisions about enhanced security measures. This resolution directs the City Manager to evaluate enhanced security measures at City buildings and for governmental meetings and provide the City Council with recommendations for implementation of such measures. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wooten Requested by Councilmember Wooten 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 EVALUATE AND RECOMMEND FOR IMPLEMENTATION 3 ENHANCED SECURITY AT CITY BUILDINGS 4 5 WHEREAS, the tragic events of May 31, 2019, highlight the need for increased 6 security measures at City governmental buildings and for governmental meetings, 7 including forums sponsored by governmental and elected officials; 8 WHEREAS, increased security measures could include the installation of metal 9 detectors at all entrances to City buildings and the presence of law enforcement or 10 security officers at all City buildings or governmental meetings or forums, among other 11 things; 12 WHEREAS, consideration also must be given to the costs of such measures and 13 the impacts on employees and visitors to City facilities and the unique features of certain 14 City facilities; and 15 WHEREAS, the City Council needs additional information in order to make 16 informed decisions about enhanced security measures. 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That the City Manager is hereby directed to evaluate enhanced security measures 20 at City buildings and for governmental meetings and shall provide the City Council with 21 recommendations for implementation of such measures. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney R 'ck R. Ingram CA14781 R-1 June 12, 2019 .., cSY�) 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution In Memory of the Victims of the May 31, 2019 Tragedy MEETING DATE: June 18, 2019 • Background: Twelve victims died as a result of the tragic events of May 31, 2019. The City Council, along with the residents of Virginia Beach and people around the world, mourn the senseless loss of these victims and express deepest condolences to their loved ones and friends. The City Council remains hopeful for the recovery of the additional four victims who survived the May 31, 2019 tragedy but suffered terrible injuries. • Considerations: This resolution memorializes and names each of the victim whose life was lost. It also asks the City Manager to propose an appropriate memorial to these victims so they and their sacrifices will always be remembered. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wooten Requested by Councilmember Wooten 1 A RESOLUTION IN MEMORY OF THE VICTIMS OF THE 2 MAY 31, 2019 TRAGEDY 3 4 WHEREAS, twelve victims died as a result of the tragic events of May 31, 2019: 5 LaQuita C. Brown of the Public Works Department; 6 Ryan Keith Cox of the Public Utilities Department; 7 Tara Welch Gallagher of the Public Works Department; 8 Mary Lou Gayle of the Public Works Department; 9 Alexander Mikhail Gusev of the Public Works Department; 10 Joshua O. Hardy of the Public Utilities Department; 11 Michelle "Missy" Langer of the Public Utilities Department; 12 Richard H. Nettleton of the Public Utilities Department; 13 Katherine A. Lusich Nixon of the Public Utilities Department; 14 Christopher Kelly Rapp of the Public Works Department; 15 Herbert "Bert" Snelling, a local contractor and resident of Virginia Beach; 16 and 17 Robert "Bobby" Williams of the Public Utilities Department; 18 WHEREAS, the City Council, along with the residents of Virginia Beach and people 19 around the world, mourn the senseless loss of these victims and express deepest 20 condolences to their loved ones and friends; and 21 WHEREAS, the City Council remains hopeful for the recovery of the additional four 22 victims who survived the May 31, 2019 tragedy but suffered terrible injuries; 23 WHEREAS, in addition to this resolution of remembrance, the City Council also 24 desires the creation of a memorial to the memory of the victims who lost their lives as a 25 result of this tragedy. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the City Council extends its heartfelt condolences to family, friends and loved 29 ones of the victims of May 31, 2019. 30 31 BE IT FURTHER RESOLVED: 32 That the City Manager is requested to propose an appropriate memorial to these 33 victims so they and their sacrifices will always be remembered. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram CA14782/R-1/June 12, 2019 f Ct CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting a Bill to Allow Localities to Prohibit the Carrying of Firearms in Governmental Buildings MEETING DATE: June 18, 2019 • Background: In the aftermath of the tragic events of May 31 , 2019, Governor Northam called for a special session of the General Assembly to consider gun-control legislation. State law currently prohibits localities in Virginia from restricting the carrying of firearms by members of the public in governmental buildings. Delegate Fowler, who is a member of Virginia Beach's General Assembly delegation, is sponsoring a bill that would authorize localities to adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes. • Considerations: The resolution states that the City Council believes that this bill could enable the City to better protect the employees who work in, and the citizens who visit, City buildings. This resolution expresses the City Council's support for legislation that would enable localities to prohibit firearms in government buildings and urges the General Assembly and Governor to promptly approve such legislation in the interest of employee and public safety. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Tower and Wooten Requested by Councilmembers Tower and Wooten 1 A RESOLUTION SUPPORTING A BILL TO ALLOW 2 LOCALITIES TO PROHIBIT THE CARRYING OF 3 FIREARMS IN GOVERNMENTAL BUILDINGS 4 5 WHEREAS, in the aftermath of the tragic events of May 31, 2019, Governor 6 Northam called for a special session of the General Assembly to consider gun-control 7 legislation; and 8 WHEREAS, state law currently prohibits localities in Virginia from restricting the 9 carrying of firearms by members of the public in governmental buildings; 10 11 WHEREAS, a member of Virginia Beach's General Assembly delegation is 12 sponsoring a bill that would authorize localities to adopt an ordinance that prohibits 13 firearms, ammunition, or components or combination thereof in any building owned or 14 used by such locality for governmental purposes; and 15 16 WHEREAS, the City Council believes that this bill could enable the City to better 17 protect the employees who work in, and the citizens who visit, City buildings. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That the City Council supports legislation that would enable localities to prohibit 22 firearms in government buildings and hereby urges the General Assembly and Governor 23 to promptly approve such legislation in the interest of employee and public safety. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram CA14780 R-2 June 13, 2019 , 2 r$ .s, [ ,"*.ik, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2019, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 18, 2019 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2019, it is necessary to appoint viewers for one-year terms beginning July 1, 2019. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Departmen ency: City Attorney's Office 1,k1C2� City Manager: "'A 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2019, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2019 and ending June 30, 2020. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2019 and ending June 30, 2020, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14783 R-1 June 13, 2019 INN B A�1 0;9� S� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Right-of-Way Known as Sandfiddler Road Adjacent to 3540 Sandfiddler Road MEETING DATE: June 18, 2019 (Deferred on May 21, 2019) • Background: Nasser Hambaz and Simin Tarhabi Hambaz (the "Applicants") have requested permission to maintain four (4) existing 2' x 2' block pillars and two (2) exisiting block walls (the "Encroachment"), in front of their property located at 3540 Sandfiddler Road (GPIN: 2432-66-9144). The Encroachment extends approximately of 11 .10' into the City's right-of-way known as Sandfiddler Road. Per the Virginia Department of Transportation roadway design guidelines, there should be no fixed objects located within 8' feet of the edge of travel way on this type of residential street. The Encroachment, which is considered a fixed object, is located approximately 6' 10" from the edge of the travelway. One of the block pillars is placed within 2' from an existing sanitary sewer lateral. If excavation of the sewer lateral is needed, Public Utilities will not assume responsibility for damage to or replacement of this structure. Staff is of the opinion the block pillar is an unnecessary hindrance to future repair or replacement of the sewer lateral. As it stands, the Encroachment is an unauthorized structure, which could be removed by the City Manager, without liability to the owner or occupant of such encroachment, if he determines that such encroachment: (1) Interferes with the intended use of a public street, road, alley or right-of-way or public property; (2) Constitutes or causes a physical or visual obstruction to vehicles, pedestrians, bicyclists or other persons; (3) May interfere with the response to an emergency on the property on which the encroachment is located; or (4) Otherwise constitutes an imminent hazard to public health, safety or welfare. City Code §33-113.01(d) Although parking is prohibited along this portion of Sandfiddler Road, the Encroachment is a fixed object within the clear zone of the travelway that is intended for safe recovery by errant vehicles. • Considerations: City staff has reviewed the Encroachment and recommends denial and removal of the Encroachment. • Public Information: Advertisement of the City Council Agenda. • Alternatives: Deny the Encroachment, approve the Encroachment or add conditions as desired by Council. • Recommendations: Deny the Encroachment • Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and Disclosure Statement Form Recommended Action: Denial. Submitting Depa en • -ncy: Public Works/Real Estateif City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY RIGHT-OF-WAY KNOWN 6 AS SANDFIDDLER ROAD ADJACENT TO 7 3540 SANDFIDDLER ROAD 8 9 WHEREAS, Nasser Hambaz and Simin Tarhabi Hambaz have requested 10 permission to maintain four (4) existing 2' x 2' block pillars and two (2) existing block walls 11 (collectively, the "Encroachment") at the front of their property located at 3540 Sandfiddler 12 Road (GPIN: 2432-66-9144). The Encroachment extends approximately 11.10' into the 13 City's right-of-way known as Sandfiddler Road; and 14 15 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nassier Hambaz and Simin 24 Tarhabi Hambaz, their heirs, assigns and successors in title are authorized to maintain 25 four (4) existing 2' x 2' block pillars and two (2) existing block walls in the City's right-of- 26 way known as Sandfiddler Road, as shown on the map entitled: "EXHIBIT `A' 27 ENCROACHMENT REQUEST FOR: NASSER & SIMIN HAMBAZ LOT 23, TRACT D, 28 SECTION 2 SANDBRIDGE BEACH • M.B. 67, PG. 50", scale: 1" —25', dated August 31, 29 2018, a copy of which is attached hereto as Exhibit "A" and on file in the Department of 30 Public Works, to which reference is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and Nasser Hambaz and Simin Tarhabi Hambaz (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Nasser Hambaz and Simin Tarhabi Hambaz and the City Manager or his 44 authorized designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2019. CA14412 vbgov.com\dfs l'applications\citylawcycom32\wpdocs\d017\p031\00556309.docx R-1 Prepared: 5/10/19 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ASUFFICIENCY AND FORM: #4 V_la ,. PUBLIaRKS, REAL ESTATE _ -0"A' ''HAR YER SENI. ' CITY ATTORNEY 2 EXHIBIT A - PLAN VIEW SCALE: 1" = 25' ATLANTIC OCEAN MEAN LOW WATER S 11°27'00"E 80.00' PUBLIC BEACH EASEMENT (M.B.250,PG.97) (\ VVVVVVYVYVYVYYYYVVVVYVYVWWWV� VINYL BULKHEAD k k XX o k o o k 8 co k r k k 3 Lu b k o o k _ M k k m MULTI-LEVEL WOODEN DECK k m >>: k k k k 1 10'WALKWAY m o k M.B.67,PG.50 k k k k TWO-STORY FR SFR Ir 3540 GPIN 24326691440000 IN#20161213001125810 ' BRIAN&DONNA MOONEY MICHAEL&SUSAN LOT 24,TRACT D,SECTION LOT 22,TRACT D,SECTION 2 SANBRIDGE BEACH SANDBRIDGE BEACH GPINGPIN 24326690770000 24326692120000 1 IN#20160802000669450 IN#20160601000458800 a I ; r . '41-- 8'BLOCK WALL 8"BLOCK WALL--0'6 WITH 12°CAP WITH 12'CAP r 81'2"LF 40'7'LF •• • • • • ����������������1������������1���1��� • CONCRETE AND BLOCK DRIVEWAY PIN(F) r PIN(Fl N11'27'00' 80.00' 11 10' 2'X 2'BLOCK FILLERS 11 10' i 430.00' TO SEASCAPE RD. © 'M 0 2'0"--► 6'10" EDGE OF PAVEMENT SANDFIDDLER ROAD (50'RNV) EXHIBIT"A" ENCROACHMENT REQUEST PROJECT: BLOCK WALLS&PILLERS FOR:NASSER&SIMIN HAMBAZ WATERWAY:ATLANTIC OCEAN LOT 23,TRACT D,SECTION 2 DATUM: NVGD 1972 ADJ. SANDBRIDGE BEACH M.B.67, PG.50 DATE: AUGUST 31,2018, SHEET 1 OF 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) '"��"�� THIS AGREEMENT, made this�{pl�day of raf ' , 20 19, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NASSER HAMBAZ and SIMIN TARHABI HAMBAZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 23" as shown on that certain plat entitled: "SANDBRIDGE BEACH TRACT D — SECTION 2 PUNGO BOROUGH VIRGINIA BEACH, VA", dated July 14, 1965, prepared by W. B. Gallup Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 67, at page 50, and being further designated, known, and described as 3540 Sandfiddler Road, Virginia Beach, Virginia 23456-4308; WHEREAS, it is proposed by the Grantee to maintain four (4) existing Brick Pillars and two (2) Block Walls, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Sandfiddler Road, the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY — NO GPIN ASSIGNED GPIN: 2432-66-9144 - 3540 Sandfiddler Road WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST FOR: NASSER & SIMIN HAMBAZ LOT 23, TRACT D, SECTION 2 SANDBRIDGE BEACH M.B. 67, PG. 50", scale: 1" — 25', dated August 31 , 2018, a copy of which is attached hereto as Exhibit 'A' and on file in the Department of Public Works, to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit for the after-the-fact improvements from the Permits and Inspections Division of the Department of Planning and Community Development (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Nasser Hambaz and Simin Tarhabi Hambaz, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 L am _- � - - - S By C • Nasser Hambaz, Owner B -�- . 5 By Simin Tarhabi Hambaz, Owner STATE OF CITY/COUNTY OF VP- 13 F,4 C f , to-wit: T e foregoinig instrument was acknowledged before me thisji-clk.) day of I , 201 , by Nasser Hambaz. `L (SEAL) Notar,'P : 'c Notary Registration Number: y 0 / 4/ My Commission Expires: O - / a t3 4 D JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 STATE OF ( My Commission Expires Aug.31,2021 CITY/COUNTY OF U � , to-wit: The foregoinginstrument was acknowledged before me thisG' Z day of , 201 , by Simin Tarhabi Hambaz. I _A/ (SEAL) Notary!'ublic 7 Notary Registration Number: a L/Q / / My Commission Expires: 08--,3/- 1O f JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 My Commission Expires A ..31,2021 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM i-43/9 _Air DATEe• 'A R. HARMEYER J/� SENIOR CITY ATTORNEY ar // r L PTLIC W''RKS/ REAL ESTATE DEPARTMENT/DIVISION 8 EXHIBIT A - PLAN VIEW SCALE: 1" = 25' ATLANTIC OCEAN MEAN LOW WATER S 11°27'00"E 80.00' PUBLIC BEACH EASEMENT (M.B.250,PG.97) VINYL BULKHEAD 'k x k o k o o X k w k � k o0 o k _ X k MULTI-LEVEL WOODEN DECK k Z k h Co k / k k k'/ 10'WALKWAY m k M.B 67,PG,50 cv k k k TWO-STORY FR SFR 1- 3540 GPIN 24326691440000 IN#20161213001125810 BRIAN&DONNA MOONEY MICHAEL&SUSAN LOT 24,TRACT D,SECTION LOT 22,TRACT D,SECTION 2 SANBRIDGE BEACH SANDBRIDGE BEACH I GPIN 24326690770000 GPIN 24326692120000 IN#20160802000669450 IN#20160601000458800 7 'I'4 8'BLOCK WALL 8"BLOCK WALL WITH 12"CAP WITH 12"CAP 81'2"LF 40'7"LF +��••��1��1��• • CONCRETE AND BLOCK DRIVEWAY PIN(F) ', PIN(F) • N11"2700" 80 00' 10' 2'X 2'BLOCK PILLERS 11 10' 430.00 TO SEA SCAPE RD. 10. ® ti G5 2'0' 6'10" EDGE OF PAVEMENT SANDFIDDLER ROAD (50'RAN) EXHIBIT CH PROJECT: BLOCK WALLS&PILLERS ENCROACHMENT REQUEST FOR:NASSER&SIMIN HAMBAZ WATERWAY:ATLANTIC OCEAN LOT 23,TRACT D,SECTION 2 DATUM: NVGD 1972 ADJ. SANDBRIDGE BEACH M.B.67,PG.50 DATE: AUGUST 31,2018, SHEET 1 OF 1 W v x E v z V I °' T N aN w mQ 1L m apTro as Qct N Q w = my) 2c zwca ,t J o Z 1— o cc O wpcAOcci Hgu- owTr8 Q = zo "' U• V um. NQaJ0 S a Z Q M o w Z t m LL U I Ii. O ` H m N N 11 OC" S m m d o r 0 a a r 6 5 � W co CO W c LLJ 11111 0 13 co ' N SP t m J � e . a z 1 i. .(y-------tArt ' . - rIft ''': ,----- mama iri „ L,r, I. [ �_ s�. �;,! `.. -- ----.4,-,... CD .•,— XI UM - ' E 11CO - ;" • • 41 CO • CL Q Q 1 p W C5 I = O 4 W L CC W 4-1 13 t�s __ C r CU .- 44- c- . .,.., :,....,i,-:. ' ., - E -a ., , i , -.._., -:,.. F u C Lfl lj . / � � W M tai - Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDLP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetina that;ertains to the ai.i iication(s). APPLICANT NOTIFIED OF HEARING DATE: ra NO CHANGES AS OF DATE: 511511q rper CSS El REVISIONS SUBMITTED DATE: • 143 Virginia Beach Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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 different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" 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 -ems 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 1\43 APPLICANT Virginia Beach YES NO SERVICE l 1 PROVIDER (use additional sheets if needed) ® Accounting and/or preparer of your tax return EArchitect/Landscape Architect/ �� Land Planner Contract Purchaser (if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed k purchaser of the subject property (identify purchaser(s) and purchaser's service providers) uConstruction Contractors Engineers /Surveyors/Agents Financing (include current ❑ tz mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services 77" Real Estate Brokers / m� n JJ Agents/Realtors for current and anticipated future sales of the I subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C 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 AB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. l';, 7/- - S i o,,;.5 7 ilX6/4z, Ha / 2ii! APPLICANT'S SIGNATURE PRINT NAME DATE r imiwiammim Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if nee❑ Accounting and/or preparer of your tax return ❑ I�� Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ 10 Engineers /Surveyors/Agents Financing (include current ❑ ® i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 2 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 INB 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. Sim/A) ' 2._ PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 c rroilizi44, r6, ,iji ....„,.....„ ts; ..`` vi, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance to authorize the acceptance of a donation of the use of office space located at 2875 Sabre Street, Suite 250, from 2700 International Parkway Corporation for a period of one year MEETING DATE: June 18, 2019 • Background: 2700 International Parkway Corporation ("2700 IPC"), a Virginia corporation, owns an office building located at 2875 Sabre Street (GPIN: 1496-37-6836) (the "Property"). 2700 IPC desires to donate to the City a 8,275 sq. ft. suite of office space at the Property, designated as Suite 250 (the "Premises"). The Premises will temporarily house City staff from Building 2 of the Municipal Center, who were displaced by the tragic events of May 31, 2019, and for storage of items from Building 2. • Considerations: The donation consists of a substantial discount from market rate rent for the Premises. The rent for the Premises will be a nominal amount for the first year ($1.00/year), and will grant the City the option to extend the lease for two (2) one- year terms at $16.00 per sq. ft. The City will be responsible for utilities and other costs associated with the operation of the Premises. • Public Information: Advertisement of City Council Agenda. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance, Exhibit A and Disclosure Statement Recommended Action: Approval n Submitting De• - • • - • ' :ency: Public Works/Facilities Management If r INk City Manager: . 1 ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DONATION OF THE USE 3 OF OFFICE SPACE LOCATED AT 2875 4 SABRE STREET, SUITE 250, FROM 2700 5 INTERNATIONAL PARKWAY CORPORATION 6 FOR A PERIOD OF ONE YEAR 7 8 WHEREAS, 2700 International Parkway Corporation ("2700 IPC"), a Virginia 9 corporation, owns an office building located at 2875 Sabre Street (GPIN: 1496-37-6836) 10 (the "Property"); 11 12 WHEREAS, 2700 IPC desires to donate to the City 8,275 sq. ft. of office space at 13 the Property, designated as Suite 250 (the "Premises") for a period of one year; 14 15 WHEREAS, the Premises will temporarily house City staff from Building 2 of the 16 Municipal Center, who were displaced by the tragic events of May 31, 2019, and for 17 storage of items from Building 2; 18 19 WHEREAS, the donation consists of a substantial discount from market rate rent 20 for the Premises; 21 22 WHEREAS, the rent for the Premises will be a nominal amount for the first year 23 ($1.00/year); and 24 25 WHEREAS, 2700 IPC will grant the City the option to extend the lease for two (2) 26 one-year terms at $16.00 per sq. ft. 27 28 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA: 30 31 That the donation of office space at the Premises for a period of one-year is hereby 32 accepted from 2700 International Parkway Corporation. 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: f 5/1! Public Work/Management Services City Attorn s Offi e CA14660 R-1 June 6, 2019 1 / 1 4 1 Y ➢ $ 1 1 R§ 1P' R 5 ;I , R g i g Ii '§g i Y S�; l / MOO Y 8 R R ;a€ ; 2 R R '' 3 :ate ; '$ „ r111 a it4 R 0 t W Q F ; m E A1. i 3 . 7 R'A S a � $ i sig 2 i. A 4 R m € AR! 8 A g 1 m 7 i 1 ,. m a 1 i; III — — — — — j, ;_ I a = I [j!'i ef ' I 3 , g s —� -- F < a 11 i Ali ' i 1I • fl 1 R€C p lam 1°e a y( I I- k $$S 6m YxT i 1.11°� gy Igi IIV ! '111 xi 4 a”, ''' 1 mm s_ i ' e a B 4 I I 1 Ip -. -.I _/ h hlITI r m $ i os RA ,lA eii —__—__— '�1 `�°pO¢"ten° lq,10 6 1 a z 5 I c y g 4 ig l $� '-3 .1.411 1-&A'4.47::\ 1:—;,1 I� 8 8�d 2: �g iH 7_ NVOa11 gRZ IMIll seg _- 11 . _ I ii lir — i q giiiiin R, 1 1 r 1' 4 az_ a s 11 q ?,M 'B a i f-r I I v 4 'la ( ) I. !IVO..11;' i ( ) +,) ( . 1 ( 1 ..I,�Gj ll � 1 11111III1Ini TWIn II I 1Ti 11 Tl�TTT' 1 1 11TT'- I I I ( I I .%'` r' III I I I I I I I I I I ' ! l l : I k 11 1 I 1 111 1 1 1 1 1 1 1 U I t'..\��``\ I s,.'-, Mk-.Z \\ v6 2s x,ml ill1 11 Ili 101; 11 1 Rs ii 1 11 ; 1 . aa 2..3 F s IA 4 g pi .^$s 11 + y� mA I: 4 g I ; !Job i a I, 2,11-I- I m ngGD - $ oTIP tb z., o a Yl RR' v ° R somaR3GD y _. S I lb 1 $ " AR{ o _ C. 1-Orli' 4 4 8 VBna Virginia Beach APPLICANT'S NAME 2700 International Parkway 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 ' Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure _(Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationts). © v APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: Q REVISIONS SUBMITTED DATE: 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:2700 International Parkway Corj If an LLC, list all member's names: Michael D. Sifen, President; Donald R. Smith, Vice President/Secretary; Barry A. Sifen, Vice President/CFO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 (NB 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) I "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 \B APPLICANT v Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E =, Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than l l 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed L�1 J purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ElEngineers/Surveyors/Agents Martin Engineering Financing (include current BB&T ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property} ZEl Legal Services Sykes, Bourdon,Ahem& Levy, P.C. Real Estate Brokers / 111 ® 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 Q ' 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 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. 2700 Intern 'oval P rkway r ratiory-� By:/it , .. Michael D. Sifen, President 66 1Q APPLICANT'S SIGNAT RE PRINT NAME DATE / Page 5 of 7 NB OWNER Virginia Beach YES NO r SERVICE PROVIDER (use additional sheets if needed) E n Accounting and/or preparer of your tax return Ej 0 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than E] Li the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) O 11 Construction Contractors O III Engineers/Surveyors/Agents Financing (include current O El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 0 Legal Services Real Estate Brokers / Q n Agents/Realtors for current and anticipated future sales of the subject property 0- so SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Q 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 cl\B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ,i:,,,,,.4...........,,,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to authorize the acceptance of a donation of the use of office space located at 2875 Sabre Street, Suite 500, from 2700 International Parkway Corporation for a period of one year MEETING DATE: June 18, 2019 • Background: 2700 International Parkway Corporation ("2700 IPC"), a Virginia corporation, owns an office building located at 2875 Sabre Street (GPIN: 1496-37-6836) (the "Property"). 2700 IPC desires to donate to the City a 20,475 sq. ft. suite of office space at the Property, designated as Suite 500 (the "Premises"). The Premises will house City staff from Building 2 of the Municipal Center, who were displaced by the tragic events of May 31, 2019. • Considerations: The donation consists of a substantial discount from market rate rent for the Premises. The rent for the Premises will be a nominal amount for the first year ($1.00/year), and will grant the City the option to extend the lease for two (2) one- year terms at $16.00 per sq. ft. The City will be responsible for utilities and other costs associated with the operation of the Premises. • Public Information: Advertisement of City Council Agenda. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance, Exhibit A and Disclosure Statement Recommended Action: Approval Submitting D-partment/Agency: Public Works/Facilities Management HT1`=' City Manage • 1 1 ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DONATION OF THE USE 3 OF OFFICE SPACE LOCATED AT 2875 4 SABRE STREET, SUITE 500, FROM 2700 5 INTERNATIONAL PARKWAY CORPORATION 6 FOR A PERIOD OF ONE YEAR 7 8 WHEREAS, 2700 International Parkway Corporation ("2700 IPC"), a Virginia 9 corporation, owns an office building located at 2875 Sabre Street (GPIN: 1496-37-6836) 10 (the "Property"); 11 12 WHEREAS, 2700 IPC desires to donate to the City 20,475 sq. ft. of office space 13 at the Property, designated as Suite 500 (the "Premises") for a period of one year; 14 15 WHEREAS, the Premises will house City staff from Building 2 of the Municipal 16 Center, who were displaced by the tragic events of May 31, 2019; 17 18 WHEREAS, the donation consists of a substantial discount from market rate rent 19 for the Premises; 20 21 WHEREAS, the rent for the Premises will be a nominal amount for the first year 22 ($1 .00/year); and 23 24 WHEREAS, 2700 IPC will grant the City the option to extend the lease for two (2) 25 one-year terms at $16.00 per sq. ft. 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 That the donation of office space at the Premises for a period of one-year is hereby 31 accepted from 2700 International Parkway Corporation. 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: Public Wdrks/Management Services City ttorney's Office CA14659 R-1 June 6, 2019 a ;a a . . . a . A . a . . . Q ;` 3� 1 1 1 ` $ aq 1 1 a q1e a � a I k qIq 0 `a` ri At . , t gg1 . qq g 11S t v3R1 a i 1. ` v i v 9 4 1 v i i gS 7 Y$ i - 4 a l i g § Y ; b g g g Y g g g g g = 7 5 ; W • '•$ I. 1 ; 1 ' 1 ' t ' 1 8 i " '4 4 2.5 ' a _ . i .1 1 . 1 g 9 4 x �/ F u F ' m yfo a ,� 3 8 € m a a 7 „ a a 1. gagg" zQ i g a 1 ;7171 2 g = a p _ # i I a a 3 i -i=_ j . i i} ,,..a. !I I; 1,I, % �, :�� ,, i I 1 li ' IIIA _ _ _ 1 1' , _ m I' • " - --- -. ". ..rte • _ P ':Il� Ryag X � I TI rm `€ --1-:\_--•:„ .t-, ...,-,-,:,'‘N � II a a Ilr Hag h \` ., '••\.. � \�v 4.� Iw a —, 4 �-' , 8 \may 8ll 1 , .. e\ 1 9 AA OO I. a \.I I a III Is t M' ;• iI III ! 21 1 Zg In = vi I.$H ; a $ € !sill3t1 � t ;I —- 1 x1141 MI - !D' . I r 0 m' P r �a � �"r. !Ill aha t ii°l lay ill A It , it I, —_-_—_v__,____ — 11 ig12 Int 14 ,T 11 4 di h N--46N -____i___ * ---f_— Ij. _Il lifillllili ilnlI ' 1ln , ' I ., ix 11111HW ; ill' I _ -' 1111111 ( i. i' 1-' l ! 111H1IIIII , III_HIIIHil_IlillllliilIL 1 m i Pil i Hill 11 Ili pill 11 ! o it 1 , ; ia ll s 1 '3% g IP Eva a c g 1 'l Iver N'i_ i I 1 P !ON s / IN ig 111 !Rini 1 LI!$ s ;wi r,.' i a = gl g gl 1q g i $ Iva Iii 13/ a ; §.' ° VJ 'a a >`" Rn1; 22I y 151 1 =a I]g _8 S '! ii.5 1 5;4 $e c � 4 I 11 06. a411 a 1 iii.! 1 i''';L. i 1 111 - 1 Iii !PI 1 i tilt D lia2 yy L s ,1g 9 . g• Lot,/ Virginia Beach APPLICANT'S NAME2700 International Parkway 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 � Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: �� Virginia Beach ! 1 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:2700 International Parkway Coil If an LLC, list all member's names: Michael D. Sifen, President; Donald R. Smith, Vice President/Secretary; Barry A. Sifen, Vice President/CFO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 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 gyrated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 VB APPLICANT vim Beach YES NO r SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than �, the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers /Surveyors/Agents Martin Engineering Financing (include current BB&T Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® [] Legal Services Sykes, Bourdon,Ahem& Levy, P.C. 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 o © 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 XB 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. 2700 Intern 'onal P rkway r ratio , By- / Michael D. Sifen, President 6.619 t r l APPLI�ANT'S SIGNAT RE PRINT NAME DATE Page 5 of 7 V/3 OWNER via 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 Aaolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 111 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal 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 ❑ LI an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 eft\B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 •;!,:,,,.,,:e17 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding within the Department of Public Works MEETING DATE: June 18, 2019 • Background: The Department of Public Works is requesting a total of $110,000 to be transferred within the Streets and Traffic Operations General Fund operating budget. A new truck was purchased during FY 2018-19 for the traffic markings crews for use with existing thermoplastic paint kettles. Due to the high volume of paving markings needed throughout the city, Public Works is now proposing to purchase additional kettles to use with the recently purchased truck. The existing paint kettles will be refurbished and utilized with an existing trailer to provide additional marking capability. Additionally, when the kettles need to be serviced, there is currently a lengthy delay in obtaining repair parts. Having backup/redundant capability will allow crews to capitalize on installing maximum pavement markings when weather conditions allow. Public Works utilizes contractor support to help with markings behind repaving operations and to replace long continuous lines; however, the contracting process is not always as efficient for smaller jobs, including intersections with stop bars, crosswalks, arrows, school zones and skip lines due to the extensive traffic control requirement to maintain traffic flow. • Considerations: The attached ordinance is for a transfer of $40,000 within Public Works Operating Budget. On April 25, 2019, the City Manager approved a transfer of $70,000 for this purpose based on original quotes for thermoplastic paint kettles. Subsequently, the final bid, including backups, for the items were received by Public Works, and an additional $40,000 is needed. The total amount to be transferred for this purpose is now $110,000. Since this amount now exceeds $100,000, this transfer requires City Council's approval. There is sufficient funding within the operating budget of Public Works to support this purchase; however, due to the cost and purpose of the items, the funding must be transferred by Council. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Depart . •ency: Public Works IL-4/' City Manager: 106 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE DEPARTMENT OF PUBLIC WORKS 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 That $40,000 is hereby transferred within Public Works FY 2018-19 Operating 8 Budget for the purchase of thermoplastic paint kettles. 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: I / Budget and Management Services C ' - or6ey's Office CA14777 R-1 June 6, 2019 fC..[ „„..•-.. „ 7 (' a1 ate;• CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer $330,000 to the Fire Department Operating Budget for Overtime Expenses MEETING DATE: June 18, 2019 • Background: The Fire Department has $330,000 in overtime costs that cannot be absorbed within vacancy savings. As a department that is primarily staffed with first responders, the Fire Department cannot leave vacant positions unstaffed. Therefore utilizing vacancy savings to offset other unforeseen costs is not a viable option. Vacancies often lead to more overtime costs due to additional callbacks and filling vacant positions for firefighters is typically a much more lengthy process than for civilian City positions. Of the $330,000 needed for overtime funding, $100,000 is the result of normal operations such as callbacks and training while the remaining $230,000 is the result of special events. Events such as Something in the Water and Monsters at the Beach require the presence of Fire Department personnel as well as staff from the Fire Marshal's Office resulting in increased overtime expenses. • Considerations: The Fire Department's presence is often required at events held throughout the City. These events vary and may not be known at the time the annual budget is prepared. Due to the number of position vacancies in the Police Department, the $330,000 will be transferred from Police's personnel savings to the Fire Department. • Public Information: Normal Council agenda process. • Recommendation: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 411L\e 1 AN ORDINANCE TO TRANSFER $330,000 TO THE 2 FIRE DEPARTMENT OPERATING BUDGET FOR 3 OVERTIME EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $330,000 is hereby transferred from the FY2018-19 Operating Budget of the 9 Police Department to the Fire Department to cover overtime expenses. 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: 0A(A) c /\Q,Iiikl Budget and Management Service r , . `orn: 's Office CA14778 R-1 June 6, 2019 i(4 NA 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Transfer $130,000 within Juvenile Probation and $20,000 from the General Fund Reserve for Contingencies to Support Juvenile Dispositional Court Services MEETING DATE: June 18, 2019 • Background: The Department of Juvenile Probation is requesting a transfer in the amount of $150,000 for dispositional services. These funds are to be used by Juvenile Probation to provide at-risk youth rehabilitation services including group homes, counseling, and GPS tracking. The services are directed by judges overseeing the cases, and these services are provided through the Virginia Juvenile Crime Control Care Act (VJCCCA). The purpose of the VJCCCA is, "...to deter crime by providing immediate, effective punishment that emphasizes accountability of the juvenile offender for his actions as well as reduces the pattern of repeat offending..." According to Juvenile Probation, the City of Virginia Beach has not experienced an overall increase in juvenile crime; however, the crimes being committed by juveniles have become more violent in nature. Some of these crimes include sexual assault and homicide. As a result, judges have been sentencing more juveniles to use dispositional services and in many cases for longer periods of time than in prior years. Another impact that has caused an increase in the use of dispositional funds is that in prior years the Juvenile Probation Office was not required to provide funding for families that had the means to pay for these services. This discretion was removed at the beginning of FY 2016-17 and now all families, regardless of financial need, will receive dispositional funds to pay for the needed treatment. • Considerations: Dispositional services are funded partially by the City of Virginia Beach with the remainder funded by the Commonwealth of Virginia. The City and State also have a Maintenance of Effort Agreement that requires that City funding be spent until a dollar amount is met and then the State funding will be able to be used. However, once the State funds are completely expended, the City is required to provide funding for the remainder of the fiscal year. The amount that the State allocates for dispositional services is dependent on the use of dispositional funds in prior years. Also, State funding is not appropriated to the Juvenile Probation Office at the beginning of the fiscal year, or when the threshold is met, but is given directly to the Tidewater Youth Services Commission. A total of $130,000 will be transferred from the Juvenile Probation personnel accounts from vacancy savings in addition to $20,000 from the General Fund Reserve for Contingencies to the Juvenile Probation operating budget for dispositional services. After this transfer, the balance in the General Fund Reserve for Contingences will be $224,304. • Public Information: Normal Council agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart - it/Agency: Office of Juvenile Probation City Manager. �_ 1 AN ORDINANCE TO TRANSFER $130,000 WITHIN 2 JUVENILE PROBATION AND$20,000 FROM THE GENERAL 3 FUND RESERVE FOR CONTINGENCIES TO SUPPORT 4 JUVENILE DISPOSITIONAL COURT SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $130,000 is hereby transferred within the FY2018-2019 Operating Budget of 10 Juvenile Probation to support mandated dispositional services and; 11 12 2. $20,000 is hereby transferred from the FY2018-2019 General Fund Reserve for 13 Contingencies to Operating Budget of Juvenile Probation to support dispositional 14 services. 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: ar:k.) a Budget and Management Services ' A -cm - 's Office CA14775 R-1 June 5, 2019 GOwyk fF :mow„:, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1.5 Million to Support Expenses Related to the May 31, 2019 Tragedy and to Amend the Scope of Capital Improvement Project #3- 149, Various Buildings Rehabilitation and Renewal IV MEETING DATE: June 18, 2019 • Background: Following the events of May 31, 2019, there are a number of unanticipated expenses that require funding within the FY 2018-19 Operating Budget and CIP. It is estimated that there will be a $1.5 million dollar need for purchases such as remediation work to Building 2, office furniture, overtime, and build out of newly acquired leased space. There is capacity within the Departments of Public Works and Police vacancy savings to support this transfer. • Considerations: Of the total $1,500,000 needed, $1 ,250,000 will be directed towards CIP 3-149, "Various Buildings Rehabilitation and Renewal IV". This project will be used to fund the remediation and associated demolition work to Building 2 and the costs associated with relocating City employees to other work sites. To that end, the proposed ordinance amends the scope of CIP #3-149 to include build-out costs and furnishings, including information technology, for leased space or City facilities related to the displacement of departments from Building 2. The remaining $250,000 transfer will establish a dedicated reserve within the FY 2018- 19 Operating Budget to address any other expenses that are related to the City's response to the event that are not covered under the scope of the above CIP. • Public Information: Normal City Council agenda process. • Recommendations: Adopt attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departmep#fAgency: Budget and Management Services , . City Manager: //\ 1 AN ORDINANCE TO TRANSFER $1.5 MILLION TO 2 SUPPORT EXPENSES RELATED TO THE MAY 31, 3 2019 TRAGEDY AND TO AMEND THE SCOPE OF 4 CAPITAL IMPROVEMENT PROJECT #3-149, 5 VARIOUS BUILDINGS REHABILITATION AND 6 RENEWAL IV 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 THAT: 10 11 1. $750,000 is hereby transferred from FY2018-19 Operating Budget of the Police 12 Department to Capital Improvement Project #3-149, "Various Buildings 13 Rehabilitation and Renewal IV; 14 15 2. $500,000 is hereby transferred from the FY2018-19 Operating Budget of the 16 Department of Public Works to Capital Improvement Project#3,149; 17 18 3. $250,000 is hereby transferred from the FY2018-19 Operating Budget of the 19 Department of Public Works to establish a dedicated reserve for costs associated 20 with the May 31, 2019 tragedy; and 21 22 4. The project description and scope for Capital Improvement Project # 3-149 are 23 hereby amended to authorize the build-out of both City-owned and leased space 24 related departmental displacements and other facility needs related to the May 31, 25 2019 event. 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: r 1 „rte udget and Management Se ices ' e o - Cit lAtrney CA14779 R-1 June 12, 2019 4�t .V5, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $600,000 of Fund Balance from the Virginia Beach Sheriff's Office Special Revenue Fund to the Virginia Beach Sheriff's Office's FY 2018-19 Operating Budget for Payroll Obligations and Medical Expenses MEETING DATE: June 18, 2019 • Background: Historically, in lieu of overtime, the Virginia Beach Sheriff's Office (VBSO) awarded employees with additional compensatory leave for extra work assignments. Recently, the Sheriff altered this policy, and intends to use paid overtime in order to compensate VBSO employees. Due to years of compensatory leave buildup, the VBSO annually must incur a sizable pay out for employees who accrued this leave in past years. In Fiscal Year 2018-19, total payouts of annual and sick leave for personnel retirements, resignations, and dismissals has resulted in expenses of $418,350.Throughout the year, the VBSO has had $218,350 in vacancy savings. Therefore, the VBSO requires additional resources of $200,000 for leave payouts in Fiscal Year 2018-19. This request also encompasses an estimate for the urgent need of unexpected overtime that occurred as a result of the May 31, 2019 tragedy. In addition to the personnel costs, the VBSO requires a budget adjustment as a result of additional medical contract expenses. The additional medical contract expenses are a result of the hospitalization costs, above the contractual cap, that are borne by the VBSO. These costs have been billed to the VBSO in advance of year end, and total $752,577. After use of the existing VBSO budget, this will result in the need for additional appropriations of $400,000 to cover remaining obligations. • Considerations: The amount needed ($600,000) is available from the fund balance of the Sheriff's Special Revenue Fund. The Fund ended Fiscal Year 2017-18 with a $1.4 million balance and current estimate of it is $1 .2 million. As a result of this request, it is anticipated that the Sheriff's Office's Operating Budget will have sufficient funds to cover all remaining expenditures through the end of the current fiscal year. • Public Information: Normal Council Agenda notification process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Depa• ent/Agency: Sheriff's Office -O City Manager: 1 AN ORDINANCE TO APPROPRIATE $600,000 OF 2 FUND BALANCE FROM THE VIRGINIA BEACH 3 SHERIFF'S OFFICE SPECIAL REVENUE FUND TO 4 THE VIRGINIA BEACH SHERIFF'S OFFICE FY 2018- 5 19 OPERATING BUDGET FOR PAYROLL 6 OBLIGATIONS AND MEDICAL EXPENSES 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 $600,000 of fund balance from the Virginia Beach Sheriff's Office Special 12 Revenue Fund is hereby appropriated, with estimated revenue increased accordingly, to 13 the Virginia Beach Sheriff's Office FY 2018-19 Operating Budget to be used for payroll 14 obligations and medical 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 ' -= o(ey's Office CA14776 R-1 June 6, 2019 J. PLANNING 1. INDIAN COVE RESORT ASSOCIATION,INC.for a Modification of Conditions re overflow parking or relocation of pavilion within the campground at 1053 Sandbridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC for an Amendment to the Timberlake PD-HI Land Use Plan re ADD an Indoor Recreational Facility over 7500 square feet as a permitted use at 4239 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. DML DESIGNS, LLC, T/A TRINITY TATTOO CO./MISHORIM GOLD VAB, LP for a Conditional Use Permit re tattoo parlor & body piercing establishment at 2720 North Mall Drive, Suites 112 & 116 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. AT ASSOCIATES, LLP for a Conditional Use Permit re car wash facility at 2677 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JOSEPHINE P. PARKER for a Conditional Use Permit re automobile repair garage and a Modification of Conditions re bulk storage yard at 573 Central Drive DISTRICT 6—BEACH RECOMMENDATION: DEFERRAL TO AUGUST 6,2019 6. MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall.Drive, Suite 100 DISTRICT 3 —ROSE HALL RECOMMENDATION: DEFERRAL TO AUGUST 6, 2019 7. Ordinances to AMEND City Zoning Ordinance(CZO): a. Section 103 re notification to property owners b. Section 107 re time limitations for City Council referral of Zoning Amendments to Planning Commission for action RECOMMENDATION: APPROVAL ,i, -„,..„, ll r. 0�Z (Us_tIF 4'' � ' w 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,June 18,2019 at 6:00 p.m., at which time the following applications will be heard: DML Designs, LLC T/A Trinity Tattoo Co. [Applicant]Mishorim Gold VAB,LP[Owner] Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment)2720 N.Mall Drive, Suites 112 & 116 (GPIN 1496373469)COUNCIL DISTRICT-ROSE HALL Indian Cove Resort Association, Inc. [Applicant & Owner] Modification of Conditions (Campground) 1053 Sandbridge Road (GPINS 2423354320, 2423358080) COUNCIL DISTRICT - PRINCESS ANNE AT Associates, LLP [Applicant & Owner] Conditional Use Permit(Car Wash Facility) 2677 Virginia Beach Boulevard (GPIN 1497552196) COUNCIL DISTRICT - BEACH Timberlake Shopping Center Associates, LLC[Applicant&Owner] Amendment to the Timberlake PD-H1 Land Use Plan to add an Indoor Recreational Facility over 7500 square feet as a permitted use 4239 Holland Road (GPIN 1476868558) COUNCIL DISTRICT-ROSE HALLP . CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the time limitations for City Council referral of Zoning Amendments to Planning Commission for action. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to Notification to Property Owners. Josephine P. Parker [Applicant& Owner] Conditional Use Permit(Automobile Repair Garage) Modification of Conditions (Bulk Storage Yard) 573 Central Drive (GPIN 1496678537) COUNCIL DISTRICT - BEACH Mishorim Gold VAB,LP[Applicant&Owner] Conditional Use Permit (Indoor Recreational Facility)2720 N.Mall Drive, Suite 100(GPIN 1496472557)COUNCIL DISTRICT-ROSE HALL All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: htto://www_vbeov.com/oc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 385.4303; Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:JUNE 2&9,2019-1 TIME EACH. w„ r `Vme a. AteA`` 1 W CD 0 O 1 r ILD O CO N _�_� In CO M r C O ;= 1, co ea Neziiiis.\\\ to 0 ,,,... sN C.) no -0 .,..i.k„,,,,,,*sikk_ ,..1\ \ L ,4%.7ilio-' ...„,,,,,A4,„,* „. ,,e3\ NiNT . -0 „,,, . ‘,..2.vhcs„...., .., . N,N,. . .. Nip,„,,t.1/4 ...A. .... (c.,ix . ,_ „ , ,. ,,:7 .. ,. M 1 ,,,,,,,lb„. livtliktiits .,_„.._:,,,_r_,,,,... -..,.1,1 • ) C T r i 4.--,- f V. I r” p c Tr I¢ d 5 k�r t!1 N m d , • 0 9 roc.o.) .H � T V to Z� i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: INDIAN COVE RESORT ASSOCIATION, INC. [Applicant & Owner] Modification of Conditions (Campground) 1053 Sandbridge Road (GPINs 2423354320, 2423358080) COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 18, 2019 • Background: A Conditional Use Permit permitting a 308-site campground was approved by City Council in 1969. A modification to the Conditional Use Permit was approved in 1981 to expand the existing campground to a total of 509 camp sites. The campground currently has 365 recreational vehicle (RV) sites and 10 tent sites. The applicant proposes to use the adjacent property (GPIN 2423354320) for overflow parking for members' boat trailers, golf carts, and cars while they are using the campground. While this adjacent parcel is owned by the applicant, a modification is requested in order to incorporate this additional property into the Conditional Use Permit for the campground. The proposed parking area is currently enclosed with a six-foot privacy fence, and there is an existing concrete slab where a former residential structure was located. Additional gravel is proposed to fill low spots where water tends to accumulate during rain and storm events. In addition, there is an existing open sided pavilion with picnic tables that currently experiences flooding. The applicant proposes to relocated the pavilion to an area that does not experience frequent flooding. • Considerations: In Staff's view, and the Planning Commission concurred, the applicant's request for a Modification to the Conditional Use Permit is acceptable. The area is currently fenced, providing screening from the adjacent roadway. While the proposal is located in the Floodplain Subject to Special Restrictions, the applicant has minimized the impacts by limiting fill to the greatest extent possible to correct minor changes in grade to the existing land. On-site parking is limited, and the proposed parking area will provide an additional amenity to members and their guests. In addition, the proposed relocation of the pavilion will allow campground members additional access and use of this amenity not currently afforded due to its current floodprone location. Further details pertaining to the request, as well as Staff's Indian Cove Resort Association, Inc. Page 2 of 3 evaluation, are provided in the attached Staff report. Staff is not aware of any opposition. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 23, 1981 are deleted and are hereby replaced with the conditions listed below. 2. A buffer zone of 400 feet shall be provided between the on-site, private sewage plant and any campsites for habitation, and a well lot 100 feet x 100 feet shall be centered on the wells and enclosed with a minimum six-foot chain link fence. The well site must be dedicated and recorded in the Office of the Clerk of the Circuit Court. 3. The developer shall dedicate an easement for Canal No. 1 along Hells Point Creek 150 feet from the center line of the canal. 4. The proposed parking area shall be limited to the temporary parking of boat trailers, golf carts, and private vehicles of members while on site. In no case shall this area be used for parking or storage of vehicles for greater than 90 days. 5. The removal of any existing healthy tree canopy or understory woody vegetation shall be prohibited. Any damaged or removed vegetation shall be mitigated at a 3 to 1 ratio. 6. Permanent and/or temporary soil stabilization measures shall be applied to all disturbed/denuded area(s). All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. All recreational vehicles shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach, as well as prior to any approaching significant storm or wind tide flooding. 8. No dredging, filling, bulkheading or other waterfront related activities shall be allowed without the proper permits from the appropriate local, state, and federal agencies. 9. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer, the Special Flood Indian Cove Resort Association, Inc. Page 3 of 3 Hazard Area, and tidal or non-tidal wetlands for any development or land disturbance, including permanent or temporary structures, shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme• _ •ency: Planning Department]26)) City Manager: . NIBApplicant &r Property Owner Indian Cove Resort Association, Inc. Agenda Item Public Hearing May 8, 2019 City Council Election District Princess Anne '4,,of 4 Virginia Beach Request Modification of Conditions (Member parking area & Relocation of pavilion) Staff Recommendation Approval s` J - Staff Planner semi, Nom Whitney McNamara 2> o R= e m s A x c F. 3 Location I °, 1053 Sandbridge Road 'pn<Ftd°` 7 GPINs 2423354320, 2423358080 Site Size 101.62 acres AICUZ Less than 65 dB DNL ; .. Watershed s Southern Rivers , K= 4 ,:- 6 # t , fr R pd .1,- Existing Land Use and Zoning District ? f Campground &vacant land/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North :f .. _ Forested/AG-2 Agricultural South Forested, wetlands/AG-1 Agricultural East A -'.may 4 — Wetlands/AG-1 Agricultural West �.. Farmland/AG-1 Agricultural and AG-2 Agricultural Indian Cove Resort Association, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • A Conditional Use Permit permitting a 308-site campground with two restrooms and bath facilities, a manager's office with bath facilities and restrooms, and a single boat ramp was approved by City Council in 1969. • A modification to the Conditional Use Permit was approved in 1981 to expand the existing campground to a total of 509 camp sites. • The campground currently has 365 recreational vehicle (RV)sites and 10 tent sites, as well as three swimming pools,four bathhouses, a boat ramp, horseshoe pits,two playgrounds, a dog park, a sport court, four picnic pavilions, a clubhouse and a recreation room. Reservation periods are limited to a maximum of 14 days out of every 21-day period. • The applicant proposes to use the adjacent site (GPIN 2423354320)for overflow parking for members' boat trailers,golf carts, and cars while they are using the campground. While under the applicant's ownership, as this parcel is not currently associated with the existing Conditional Use Permit, a modification to the permit is requested in order to officially incorporate this additional property into the campground. • The proposed parking area is currently encompassed with a six-foot privacy fence, and there is an existing concrete slab where a residential structure was previously demolished.Additional gravel is proposed to fill in low spots where water tends to accumulate during rain and storm events. • In addition,there is an existing open sided pavilion with picnic tables that currently experiences flooding.The applicant proposes to move the pavilion to a different location on the property that does not experience frequent flooding. G-2 ' 4f %, AG-1 •. Zoning History ,, r CA**,!ft.-� # Request �- . 1 CUP(Campground)Approved 11/23/1981 t f /', e MOD(Campground)Approved 4/14/1969 ,% 2 SVR(Minimum lot size)Approved 1/20/2015 ! � P_1 FVR(Fill for foundation)Approved 1/20/2015 CUP(Farm Stand)Approved 1/20/2015 Z 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 Indian Cove Resort Association, Inc. Agenda Item 4 Page 2 Evaluation and Recommendation In Staff's opinion, the applicant's request for a Modification to the Conditional Use Permit is acceptable.The area is currently fenced, providing screening from the adjacent roadway. While the proposal is located in the Floodplain Subject to Special Restrictions,the applicant has minimized the impacts by limiting fill to the greatest extent possible to correct minor changes in grade to the existing land. On-site parking is limited, and the proposed parking area will provide an additional amenity to members and their guests. In addition,the proposed relocation of the pavilion will allow campground members additional access and use not currently afforded due to its current floodprone location. With the recommended conditions further protecting the natural resources,Staff recommends approval of this request with the following conditions. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 23, 1981 are deleted and are hereby replaced with the conditions listed below. 2. A buffer zone of 400 feet shall be provided between the on-site, private sewage plant and any campsites for habitation, and a well lot 100 feet x 100 feet shall be centered on the wells and enclosed with a minimum six- foot chain link fence.The well site must be dedicated and recorded in the Office of the Clerk of the Circuit Court. 3. The developer shall dedicate an easement for Canal No. 1 along Hells Point Creek 150 feet from the center line of the canal. 4. The proposed parking area shall be limited to the temporary parking of boat trailers, golf carts, and private vehicles of members while on site. In no case shall this area be used for parking or storage of vehicles for greater than 90 days. 5. The removal of any existing healthy tree canopy or understory woody vegetation shall be prohibited.Any damaged or removed vegetation shall be mitigated at a 3 to 1 ratio. 6. Permanent and/or temporary soil stabilization measures shall be applied to all disturbed/denuded area(s). All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. All recreational vehicles shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach, as well as prior to any approaching significant storm or wind tide flooding. 8. No dredging, filling, bulkheading or other waterfront related activities shall be allowed without the proper permits from the appropriate local, state, and federal agencies. 9. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50- foot Southern Rivers buffer,the Special Flood Hazard Area, and tidal or non-tidal wetlands for any development or land disturbance, including permanent or temporary structures, shall be prohibited without obtaining all applicable permits from federal, state, and local agencies. 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 Indian Cove Resort Association, Inc. Agenda Item 4 Page 3 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Rural Area.The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina border.The physical character of this area is low,flat land with wide floodplains and wind driven tides.Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites.The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. As the property is located adjacent to a canal connecting to Back Bay, a 50-foot buffer is required. While the proposed parking area and pavilion are located in the 50-foot buffer, no disturbance to the existing vegetation is proposed.The majority of the property is classified as Floodplains Subject to Special Restrictions, and the proposed parking area and pavilion are proposed within the Special Flood Hazard Area.The parking area does not require a Floodplain Variance because limited fill (less than 4 inches in an area less than 2,500 square feet) is proposed to fill in low spots in the parking area.This amount of development is not anticipated to impact flood levels and can be administratively approved. The proposed pavilion is an open sided structure that does not require a floodplain permit. It is replacing a similarly sized pavilion and is being relocated to an area that is mostly outside the Special Flood Hazard Area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—No Data Sandbridge Road 9,100 ADT 1 12,500 ADT 1(LOS°"D") 3_ Available Proposed Land Use No Change Anticipated 1 Average Daily Trips 2 as defined by Campground 3 as defined by Campground 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sandbridge Road is a two-lane minor rural arterial in the vicinity of this site.This section of Sandbridge Road has a variable right-of-way width and it is included on the MTP as an ultimate 100-foot right-of-way rural two-lane section. There are currently no CIPS scheduled for this segment of Sandbridge Road. Public Utility Impacts Water City water is not available. Health Department approval is required for private wells. Sewer City sanitary sewer is not available.The Campground owns and operates their own private sewage treatment plant that is licensed by DEQ. Indian Cove Resort Association, Inc. Agenda Item 4 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on April 7, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,April 21, 2019 and Sunday,April 28, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,June 2, 2019 and Sunday,June 9th • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 3,2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 14, 2019. Indian Cove Resort Association, Inc. Agenda Item 4 Page 5 Approved Conditions from November 23, 1981 Real-Tronic Corp. Application #4093 Page Two Very truly yours, y� F ' Rliean (' Chairman l RDL:lmg CITY COUNCIL ACTION: R01181435 Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. State Statute requires that a buffer zone of 300 feet be provided between a sewage plant and any sites for habitation, in accordance with Local and State Statutes, and that a well lot 100 feet x 100 feet be centered on the wells and enclosed with a minimum six (6) foot chain link fence. The well site must be dedicated and recorded in the Office of the Clerk of the Circuit Court. 4. The developer shall dedicate an easement for Canal #1 , as required. 5. No dredging, filling, bulkheading or other waterfront related activities will be allowed without the proper permits from the appropriate Local , State, and Federal agencies. This Ordinance shall be effective from date of adoption. Indian Cove Resort Association, Inc. Agenda Item 4 Page 6 Proposed Site Layout c .2 a) '> Z Ca a. :, - ; twit ' " 40. ..,t ivory f Lob i t .� i k '.7 j "'fig' a ` • Or r�* . _ P-44: r 00 :ss} ar '''-c-,... . : - ' 4tit ': '' - '''''' : ''' ' it_ 4 i€ { O I a) an c o c o N E '> w X fU cc W CI- Indian Indian Cove Resort As , Inc. AgendasociationItem 4 Page 7 Site Photos f • - d, s I Or A 7 • C t . ., _ _ . w. .. .-',:-‘,44-...‘4 , =y ..i .. if '� 4 4 _.., W . ........, :, E . ..,.. y. , < " , ' 'T— s� _ - s I'_r Indian Cove Resort Association, Inc. Agenda Item 4 Page 8 Disclosure Statement V 111 Vrra inia Bead APPLICANT'S NAME -Tt,cU an Cove or ,.ssoc 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 a 1. by City i Property Conditionsor Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EDIP) -- i Board of Zoning Encroachment Request Rezoning i A els Certificate of Floodplain Variance Appropriateness Street Closure Pilstoric 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 taw. • • SECTION 1 / APPLICANT DISCLOSURE FOR cm'UM ONLY{An disclosures must be updated two(2)watt prior to any Page I of 7 Penning Commission and Cit,Council meetin;that pertains to the a(,ulication(s.) O APPtUEAN'r NOTIFIED OF HEARiNO ! IAT fis NO CHANGES AS oar[.:10-i 1 t?Ol d1/4)I,US MClvC> 4 CD" n : REVISIONS SUBMITTED DATE ' Indian Cove Resort Association, Inc. Agenda Item 4 Page 9 Disclosure Statement VB.-„, Virgirda 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.-1.nd i an COYc P.C50 r4 ASSOC,1'SnC. If an LLC, list all_member's names: VInten4 -lose.( nda I Mo.rrs - ir' Hor6scjar a jor'r,;e 44cr6 03 'iodd"B k If a CORPORATION, list the the names of ail 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 s • 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. 1-1 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 Indian Cove Resort Association, Inc. Agenda Item 4 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 g 22-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parentesubsidiary 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 Oil) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business entitles 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code g 2.2-3141. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application orany 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 Indian Cove Resort Association, Inc. Agenda Item 4 Page 11 Disclosure Statement INik3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER fuse addldonal sl+eacsEj if Accounting and/or preparer of your tax return Gar La.nosSQ, C1' 4 0 El Architect/Landscape Architect/ =+ Land Planner ❑ Contract Purchaser(if other than Eig the Apo)logj)-identify purchaser and purchaser's service providers Any other pending or proposed •74 purchaser of the(Identify purchaser(s)and roperty purchaser's service providers) Construction Contractors ►y Engineers I 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 Sasq)c?c to rrroiq _P C Real Estate Brokers / ❑ vw,A 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 Indian Cove Resort Association, Inc. Agenda Item 4 Page 12 Disclosure Statement .11=11 Virginia Beads CERTIFICATION: i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. • kat .n. pre"st.„7:1 YiOrel' c wfvAPPLICANT'S SI GI& PRINT NAME EWE Page 5 of 7 Indian Cove Resort Association, Inc. Agenda Item 4 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 uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Indian Cove Resort Association, Inc. Agenda Item 4 Page 14 Item#4 Indian Cove Resort Association, Inc. Modification of Conditions (Camground) 1053 Sandbridge Road District—Princess Anne May 8th, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Thank you. Now,the next item is agenda item number four that is for Indian Cove Resort Associations, Inc, an application for a modification of conditions granting a campground on property located at 1053 Sandbridge Road in the Princess Anne District. Is there a representative here for that matter? Could you come forward and state your name for the record? Ms. Livingston: Jackie Livingston Ms. Rucinski: Thank you and are the conditions acceptable? Ms. Livingston: Yes. Ms. Rucinski: Alright. Thank you. The chairman has asked Commissioner David Weiner to read this into the record. Mr. Weiner: Thank you Ms. Rucinski. This is a modification of conditions. The conditional use permit permitting a 308 site campground was approved by city council in 1969, and modification of the conditional use permit was approved in 1981 to expand the existing campground to 509 camp sites. The application proposes the use of an adjacent site for overflow parking for members, a modification of the conditional use permit is requested in order to officially incorporate this additional property into the campground. We recommended approval and put it on the consent agenda. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one, four, five, six,ten,eleven,and DI be approved. Ms. Oliver: Alright, I have a motion made by the vice chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. Ms. Garrido: Vote is open. Ms. Dozier: By recorded vote of 9-0 items one, four, five, six, ten, eleven, and Dl have been approved by consent with Commissioner Barnes abstaining from item four. AYE 9 NAY 0 ABS 1 ABSENT 2 ALCARAZ AYE BARNES ABS GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 23, 1981 are deleted and are hereby replaced with the conditions listed below. 2. A buffer zone of 400 feet shall be provided between the on-site,private sewage plant and any campsites for habitation,and a well lot 100 feet x 100 feet shall be centered on the wells and enclosed with a minimum six-foot chain link fence. The well site must be dedicated and recorded in the Office of the Clerk of the Circuit Court. 3. The developer shall dedicate an easement for Canal No. 1 along Hells Point Creek 150 feet from the center line of the canal. 4. The proposed parking area shall be limited to the temporary parking of boat trailers,golf carts, and private vehicles of members while on site. In no case shall this area be used for parking or storage of vehicles for greater than 90 days. 5. The removal of any existing healthy tree canopy or understory woody vegetation shall be prohibited.Any damaged or removed vegetation shall be mitigated at a 3 to 1 ratio. 6. Permanent and/or temporary soil stabilization measures shall be applied to all disturbed/ denuded area(s). All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. All recreational vehicles shall be licensed and road ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach,as well as prior to any approaching significant storm or wind tide flooding. 8. No dredging, filling,bulkheading or other waterfront related activities shall be allowed without the proper permits from the appropriate local, state,and federal agencies. 9. Encroachment into any environmentally sensitive portion of the property, including but not limited to the 50-foot Southern Rivers buffer,the Special Flood Hazard Area,and tidal or non- tidal wetlands for any development or land disturbance,including permanent or temporary structures, shall be prohibited without obtaining all applicable permits from federal, state,and local agencies. -NV1 w4 i w `ice. . . ,-.;, , - ..-44'- , , ., I ' '',-. - ..icN - fiz.:,. :, ,,_ , r co II 0 CSI ~ � „`� ri � Q - ez i : , - .- 4Q- C .., . , , - ., J Ik'w. -,,,,\,. 4, :,.. : ,, . \\A 1\\N•,7.\\, . Ilik ,,. . ..... 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC [Applicant & Owner] Amendment to the Timberlake PD-H1 Land Use Plan (Add "Indoor Recreational Facility over 7500 square feet" as a Permitted Use) 4239 Holland Road (GPIN 1476868558) COUNCIL DISTRICT— ROSE HALL MEETING DATE: June 18, 2019 ■ Background: The applicant is requesting to amend the PD-H1 Land Use Plan for Timberlake to add an Indoor Recreational Facility with a floor area greater than 7,500 square feet as a permitted use at this location. Currently, the land use plan limits commercial uses to only principal uses within the B-2 Zoning District. Due to the amendment to the PD-H1 Land Use Plan, a Conditional Use Permit is procedurally not required. Amending the plan will allow the applicant to operate a 17,728 square-foot fitness center in the Timberlake Shopping Center. The applicant anticipates that up to 15 employees will be working at the facility between the hours of 5:00 a.m. to 11:00 p.m. Monday through Friday, and 7:00 a.m. to 8:00 p.m. on Saturdays and Sundays. • Considerations: Both Staff and the Planning Commission find the applicant's request to amend the Timberlake PD-H1 Land Use Plan acceptable. The proposed indoor recreation facility is appropriate for this location and will occupy an otherwise large, vacant space in the shopping center. The anticipated traffic generated by the fitness center has been accounted for in the original design for traffic flow and parking for the shopping center. The proposed use is compatible with the other commercial uses located in the Timberlake Shopping Center and will provide a service to the surrounding community. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to the application. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Timberlake Shopping Center Associates, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme• t• •ency: Planning Departmen1PQ(7 City Manager: IL, Agenda Item Applicant & Property Owner Timberlake Shopping Center \p $ Associates, LLC Public Hearing May 8, 2019 6 Council Election District Rose Hall Virginia Beach Request Amendment to PD-H1 Land Use Plan for F '� ` Timberlake (Allow an Indoor Recreation Facility = over 7,500 square feet as a permitted use) �`'°�° , iN, i 4/1,0\7 dea '3 _ , .; -� Staff Recommendation 7.�% y� �� f Approval ��`ce•e ��P �� „a f ^,, Staff Planner ' t i meso-. a- ;, o 4 ,° Marchelle Coleman • 1.,-i. C , ♦all ° 04„r t Location —� - . . 4239 Holland Road GPIN hi, 1it - 1476868558 Site Size .. .� 7 9.73 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District y s o , -�- Mixed retail/ PD-H1 Planned Unit Development rry ' �!. `" ,`�_ ..,,,,..c.7 ,, Surrounding Land Uses and Zoning Districts ��? `_�� ,,,, , , . North Holland Road \�� `,1, Mixed retail/ B-2 Community Businessk ',-- South _. "•fir/ _, �ti° Townhomes/ PD H1 Planned Unit Development ''- 4, East s ; �;'� - r.. South Plaza Trail . Apartments/ PD-H1 Planned Unit Development141-`1'410-- � � � ' West ,' f . ::.; Storage facility/ PD-H1 Planned Unit ,µ �, �� - .,• ia Ft1400 # Development • `4% - ;: , Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting to amend the PD-H1 Land Use Plan for Timberlake to add an Indoor Recreational Facility with a floor area greater than 7,500 square feet as a permitted use at this location. Currently, the land use plan limits commercial uses to only principal uses within the B-2 Zoning District. Amending the plan will allow the applicant to operate a 17,728 square-foot fitness center in the Timberlake Shopping Center.This is not a blanket change for the Timberlake PD-H1 Land Use Plan, as this application will only amend the PD-H1 Land Use Plan for this location. • It is anticipated that up to 15 employees will work at the facility which will be staffed typically from 5:00 a.m.to 11:00 p.m., Monday through Friday, and from 7:00 a.m.to 8:00 p.m., Saturday and Sunday. • The applicant proposes to paint the exterior of the building a shadow gray color with a blue stripe on the upper horizontal trim above the new proposed signage, as depicted on page seven of this report. � Zoning History iti, # Request 1 CUP(Tattoo Parlor)Approved 10/17/2017 CUP(Indoor Recreational Facility)Approved 04/05/2016 4 4 �" CUP(Indoor Recreational Facility)Approved 07/03/2012 rzixo >,••:� r` \ a : _ 8.2 CUP(Motor Vehicle Rentals)Approved 08/27/1996 �/ ' D�H1� x 2 CUP(Communication Tower)Approved 10/14/2008 :� MOD i 'Irclitt _i - ��� �,• 4, O (Timberlake Land Use Plan)Approved 10/14/2008 OD 414',,,.-' , rses ,,: r/'// % '' LUP Approved 05/24/1994 In 1 �! '-/+4°,./i � 3 LUP Approved 05/24/1994 :I �j MIrdi' "'6 ,'1• PD H1 4 REZ(PD-H1 Timberlake Land Use Plan)Approved 1� irg - . 06/14/1971 �� larat fi:! ..,,t•-- `,, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staffs view,the applicant's request to amend the Timberlake PD-H1 Land Use Plan is acceptable. Due to the amending of the PD-H1 Land Use Plan, a Conditional Use Permit is procedurally not required.The proposed indoor recreation facility is appropriate for this location and will occupy an otherwise large, vacant space in the shopping center.The anticipated traffic generated by the fitness center has been accounted for in the original design for traffic flow and parking for the shopping center.The proposed use is compatible with the other commercial uses located in the Timberlake Shopping Center and will provide a service to the surrounding community.As such, Staff recommends approval of this request, subject to the proffers below. Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 2 Proffers The following are proffers submitted by the applicant as part of this Amendment to the PD-H1 Land Use Plan for Timberlake.The applicant,consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this amendment to the PD-H1 Land Use Plan for Timberlake. PROFFER 1: The PD-H1 Land Use Plan applicable to the Property shall be modified to allow that portion of the building containing approximately 17,728 square feet and currently designated as Suite 764 in the Timberlake Shopping Center to be renovated and used as a Recreation Facility, other than one of an outdoor nature,with a floor area greater than 7,500 square feet substantially as depicted on the "PHYSICAL SURVEY OF TIMBERLAKE SHOPPING CENTER', dated 6-30-95, prepared by Basgier&Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (`Physical Survey"). PROFFER 2: When the Suite is renovated, the building mounted sign will be substantially as depicted on the "SIGN RENDERING FOR BLINK FITNESS" dated April 4, 2019,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Sign Rendering"). PROFFER 3: Further conditions may be required by the Grantee during the detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. 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. Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 3 Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site as it is fully developed with a shopping center and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 39, 650 ADT 1 32,700 ADT (LOS 2"D") No Change Anticipated 3 'Average Daily Trips 2 LOS=Level of Service 3average daily trips not expected to change Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road, 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 7, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, April 21, 2019 and Sunday, April 28, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 2, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday,June 2, 2019 and Sunday,June 9th. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 3,2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:/"/www.vb rlv.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 14, 2019. Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 4 Physical Survey s � N � 2F' tit st' , ,t ��{f,ti�yt{� # � i � �� Wj,i?;t"f-t�#{116•11;sl•� ifs*3{• i Y a ..,`i d .1.' L.: .7 1 I Oji; ;itli,i..4 tja-rite '• '1 1" { i 41¢ _t i ih l•FU :milli/t• ' £F r:4 !t!j tt. `li I,f is 7.<..e L 1 C I11 i i f . !is i. =:if ,11 / I' ••• , ; i( :,�i- ,. ,-i, ,• l:j Ott ' fit ! , .t .4�,f`- t„ s �[ id tit iltintlh�iT�i titilil7= t g g`j gJi { {5 i -.; - SOU PLAZA TRH it TT r •d:L tib i I ,, sem.-.-^.'"..., __._-,i «__.r-—i 01 ,' ,Ga, _yy 1-.- -': .��.«..... 1t•o .,•.w...., It 1�` ,rh, _ i 4 7 - -3 I I I I it 1s. i i ,Y • iI .*-----:--i!i -,,,---t __s_.,+- ��- — _ , i _ ;• .• . . • ;j .s...�. . # ofL isi }I � ` v . I 4 lc/: Ili E L. . I . - ' ..k3i.‘ - . I t riSt - g 'Ft I (} ` _ ? I.1 ;: viti =lit ,i. I 1 itu: . .a f I' it J f I _ -- — ., 4 l 3 I t. i 4 I I 1.' S l '; S $g t i t Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 5 Site Layout ,....,, ...no, or ,..1„,,,,,,,,: irt:.:,,: 4\'' I''' , ,,--) .,. N-N11,, L.:'- „16:-.,_-- x 1 ,-,„,s..,, _,,, 4 ,iw, , , 404/.>:-.N.,.. --•49/ --, V it -• .*1./' bCNN dz N .� 44 2 "tY/*;� tt, 8 ./..,;) "----., ;;;N"V-9, ---,--„,_J.-- ,,, C.) .:, -4,4\s„:_st%./... ., ,,,_cr I' i - - i 4141‘i\ >fi:b /7:"'Ns:. ,,, -4, '*; .1---__ ,, —I co- • ,' ,.,, ,At. j,t.w ./ Akok yr 'o ./ it , (o :6‘ cc Li itilcitiv4" .;'/ 174 "ti t /.:t / b• e . `°, 03 ;44 4101SOc) tea Et 00 ECV/ 4 . 474, 441,44,40, 1:1 4111111110 ,..2 / /-(1...Alkjt,64,,,,4474 co co 44.1**11441%\,1\//'\'' '------. wrir"':, ' 41041/111E 'I_ ♦ N ' . elitase_a Niii r;* 41W: rldri • liiiiiallimar I irbt* 11 rm : ' 764' •1111111 : E ,., 4110br -., '--,... ,, altiiii, .10- i„,," .�� f..,,. � ��, �r♦� err � ii II lag 4011<l>0, ► tc�s� n�nr cu v) ill 1 • lliiL a o 'mitarA riiii!nr �!�7cEM C o 0 1 i■I■tl re I■ ■rp ABPaugg=_dAf )pligif a CD ti 0-, v V• II immullitillilli titling. • aha � . II�!��S -J o _ CO OU[ . i_____ Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 6 Proposed Signage wi I F O N 4 L a a ai ti - 0 is W f C. I —� s rrr Z :- • A - z , ,.. . , , J .,,. ..-? :, \ O ZY. CC LLI - t ir-' W , Z C7 1 cn , it ' I c Y G r C,• N Gq in Q g d O C C R Ts C_ o � 0 ,r, E T TD_ Q o V H °a cc � - _C ' aC m 1g c m Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 7 Site Photos Axe111 • Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 8 Disclosure Statement APPLICANT'S NAME Timberlake Shopping Center Associates, 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 r 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 I 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 41. 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 manna, Commission.and City Council meetin. that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING i DATE. EIK NO CHANGES.AS OF DATE 41-01—J4 ,/-‘6 a thelle L. CO l-ernd • REVISIONS SUBMITTED - DATE. Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 9 Disclosure Statement V3 l irginia Beach ECheck here if the APPLICANT IS_NOT a corporation, partn.ership, 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:Timberlake Shopping Center Associates, LLC If an LLC, list all member's names: Patricia Racanello Revocable Trust; FJN Trust 1; Richard E. Olivieri Marital Trust; Emilio Olivieri Family Company, LLC 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 ji property owner is different from Applicant. ECheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 10 Disclosure Statement • -"\/33\):gini'';'B-each 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 (lii) 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 Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 11 Disclosure Statement AB APPLICANT Virginia Beach YES NO SERVICE 1 [PROVIDER(used dditional sheets if E Accounting and/or preparer of f/\ your tax return n7 Architect/Landscape Architect/ l Land Planner r ❑ Contract Purchaser(If other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) QConstruction Contractors n ® I i Engineers/Surveyors/Agents Financing (include current G mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I , Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / Pembroke Commercial Realty I/nl n Agents/Realtors for current and I ' ! anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development Inl 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 Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 12 Disclosure Statement lB VirgInla Beach CERTIFICATION: — — ' — — -! I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. • II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided 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.iD360Gv_ -N. (`./kIMOS4w0 Yi nut,14‘ PROPERTY OWNER'S SIGNATURE PRINT NAMEDATE Page 7of7 Timberlake Shopping Center Associates, LLC Agenda Item 6 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. Timberlake Shopping Center Associates, LLC Agenda Item 6 Page 14 TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC,a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 4th day of April, 2019, by and between TIMBERLAKE SHOPPING CENTER ASSOCIATES, LLC, ("Timberlake Shopping Center") a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee,party of the third part. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Rose Hall District of the City of Virginia Beach,containing approximately 9.725 acres of land which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property";and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to modify the PD-Hi Land Use Plan with a B-2 Commercial Designation applicable to the Property;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, Timberlake Shopping Center acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Timberlake Shopping Center's rezoning application gives rise; and GPIN: 1476-86-8558-0000(Part of) Prepared By: R Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, Timberlake Shopping Center has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the PD-Hi Land Use Plan applicable to the Property in addition to the regulations provided for the PD-Hi and B-2 Zoning Districts by the existing overall Zoning Ordinance,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Timberlake Shopping Center, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Timberlake Shopping Center,its successors,personal representatives,assigns, grantee,and other successors in interest or title: 1. The PD-Hi Land Use Plan applicable to the Property shall be modified to allow that portion of the building containing approximately 17,728 square feet and currently designated as Suite 764 in the Timberlake Shopping Center to be renovated and used as a Recreation Facility , other than one of an outdoor nature, with a floor area greater than 7500 square feet substantially as depicted on the "PHYSICAL SURVEY OF TIMBERLAKE SHOPPING CENTER", dated 6-30-95, prepared by Basgier & Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Physical Survey"). 2. When the Suite is renovated, the building mounted sign will be substantially as depicted on the "SIGN RENDERING FOR BLINK FITNESS" dated April 4, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Sign Rendering"). 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 2 The above conditions, having been proffered by Timberlake Shopping Center and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. Timberlake Shopping Center covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions,Timberlake Shopping Center shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office 3 of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Timberlake Shopping Center and the Grantee. 4 WITNESS the following signature and seal: Grantor: Timberlake Shopping Center Associates, LLC, a Virginia limited liability company £SEA-) rederick J.Napolitano,Operating Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: •The foregoing instrument was acknowledged before me this day of April, 2019,by Frederick J.Napolitano, Operating Manager of Timberlake Shopping Center Associates, LLC,a Virginia limited liability company. 41)/41/407 22?taLL (f-d/mAt Notary Public My Commission Expires: SHARON MAllig FnBNEs Notary Registration Number: 194U33NOTARY PUBLIC REGISTRATION#194633 COMMONWEALTH OF VIRG MY COMMISSION EXPIRE FEBRUARY 29.2020 5 EXHIBIT"A" LEGAL DESCRIPTION FOR TIMBERLAKE SHOPPING CENTER ALL THAT certain tract, piece or parcel of land,lying and being in the Kempsville Borough of the City of Virginia Beach,Virginia and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and being more particularly bounded as follows: Commencing at the southwest corner of Holland Road and South Plaza Trail, thence running along the western line of South Plaza Trail,the following courses and distances;S 03°00'22"E, 48.93'to a point;thence S 40°26'58"W, 166.30'to the point of beginning;being a point on the western line of South Plaza Trail, said point also being the southeastern corner of Parcel 2; thence,following along the western line of South Plaza Trail S 40°26'58"W,468.59'to a point; thence,following the northerly bounds of Timberlake-Section Sixteen,N 46°31'40"W,844.76' to a point; thence, following the bounds of Parcel H-2-1, N 43° 28' 20" E, 105.01' to a point; thence N o6° 14' 39" W, 23.19' to a point; thence N 46° 31' 4o" W, 87.0o' to a point; thence, following the easterly bounds of parcel 49,000 H-3,N 43°28'20"E,560.00'to a point;thence, following the southerly right of way of Holland Road, along a curve to the right with a radius of 223.40'; and an arc length of 5o.55'to a point of reverse curvature; thence following a curve to left with a radius of 223.4o'and an arc length of 50.30'to a point;thence S 46°27'41"E,100.00' to a point;thence S 11°45'58"E,15.81'to a point;thence S 42°09'46"W,9.93'to a point;thence S 46°27'41"E,80.00'to a point;thence N 43°32'19"E,10.00'to a point;thence N 84°04'59" E, 26.95' to a point; thence S 46°31'4o" E. 269.5o' to a point of curvature; thence following a curve to the right with a radius of 211.20' and an arc length of 50.61' to a point of reversed curvature;thence,following a curve to the left with a radius of 211.20'and an arc length of 50.35' to a point; thence S 46° 27'41" E, 33.70'to a point; thence, following the bounds of Parcel 2, 5 43°32'19"W, 198.75'to a point;thence S 46° 11'56"E, 210.78'to the point of beginning. LESS AND EXCEPT Parcel 3 conveyed to Bank of Virginia, dated September 3o, 1983 and recorded in Deed Book 2287, Page 983. LESS AND EXCEPT Parcel 4 conveyed to Boddie-Noell Enterprises,Inc.dated March 10, 1983 and recorded in Deed Book 2244,Page 1938. LESS AND EXCEPT Parcel 6 conveyed to ZP NO 66,L.L.C.dated August 17,1998,and recorded in Deed Book 3938,Page 811. LESS AND EXCEPT Parcels 7 and 8 as shown on that plat entitled, "Subdivision of Timberlake Shopping Center, Kempsville Borough,Virginia Beach,Virginia", in Map Book 147,at Pages 13 and 14. GPIN: 1476-86-8558-00oo (Part of) H:\AM\Amendment PDH Plan\Timberlake Shopping Center Associates\Proffer Agreement.docx 6 Item#6 Timberlake Shopping Center Associates, LLC Amendment to the Timberlake PD-H1 Land Use Plan to add an Indoor Recreational Facility over 7500 square feet as a permitted use 4239 Holland Road District—Rose Hall May 8,2019 RECOMMENDED FOR APPROVAL - CONSENT Ms. Rucinski: Alright,thank you. The next item is item number six,Timberlake Shopping Center Associates, LLC, an amendment to the Timberlake PD-H1 Land Use Plan to add an Indoor Recreational Facility over 7500 square feet as permitted use on the property located at 2439 Holland Road in the Rose Hall District. Hi. Mr. Bourdon: Thank you. Thank you, Ms. Rucinski. Madam Chair, for the recor,d Eddie Bourdon, Virginia Beach Attorney representing the applicant owner, as well as the prospective tenant on this somewhat unique application to amend the PD-H 1 Land Use Plan. I appreciate all of Marchelle's hard work, as well as the assistance from Ms. Wilson, and I appreciate being on the Consent Agenda. Ms. Rucinski: Alright. Thank you. Mr. Bourdon: Thank you. Ms. Rucinski: The Chair has asked Commissioner Whitney Graham to read this into the record.Mr. Graham: Thank you. Timberlake Shopping Center Associates, LLC is requesting to amend the PD-H1 Land Use Plan for Timberlake to add an Indoor Recreational Facility with a floor area greater than 7500 square feet as permitted use at this location. Amending the plan will allow the applicant to operate a 17,728 square foot fitness facility. This is not a blanket change to the Timberlake PD-H1 Land Use Plan. This application will only amend the PD-H Land Use Plan for this location. The applicant will have approximately 15 employees at the facility. It will operate between 5 am to 11 pm Monday through Friday and 7 am to 8 pm on Saturday and Sunday. Staff recommends approval and this is on the Consent Agenda. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one,four, five, six,ten,eleven,and D1 be approved. Ms. Oliver: Alright, I have a motion made by the Vice Chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. 1 Ms. Garrido: Vote is open. Ms. Dozier: By a recorded vote of 9-0 items one, four, five, six,ten, eleven, and Dl have been Approved by Consent with Commissioner Barnes abstaining from item four. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS PROFFER 1: The PD-Hl Land Use Plan applicable to the Property shall be modified to allow that portion of the building containing approximately 17,728 square feet and currently designated as Suite 764 in the Timberlake Shopping Center to be renovated and used as a Recreation Facility,other than one of an outdoor nature,with a floor area greater than 7,500 square feet substantially as depicted on the "PHYSICAL SURVEY OF TIMBERLAKE SHOPPING CENTER',dated 6-30-95,prepared by Basgier &Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(`Physical Survey"). PROFFER 2: When the Suite is renovated,the building mounted sign will be substantially as depicted on the"SIGN RENDERING FOR BLINK FITNESS"dated April 4,2019,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Sign Rendering"). PROFFER 3: Further conditions may be required by the Grantee during the detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 2 -.-'IJO c Ira\ \ . '.- , ----- I i • - ,. \s,DC40Ilj I Milli ... , 1_ ..„ .: J ...„.., ' � pr .,__, ..c...„ CD c ,i l ) O I :,-----=-7. _____. -C- LP-- -7.1..- Li , i'', . - 0 II O ,c..D • ft In' 'I 1 ejr_b 'ON, 441% 0 LO /sA 0 a _ „-..--..,„ . ;-, .„1„4 Nsi\i, ., ,I %Ilk - . t___, I I. ' IS,i, , -..,S1 :::t.1-: __-_-_". ... ',..:;c7:,.. . Nop. St6V11171k7lbk. __ 0 n- 1 ir- , N — ots MI_ 7 • Je _ter,-� ! ,� 0 •Z 0 1r p a, i _. 1 1 caI t- .11 - -jr---1 r \,__ R yeti - n ,:: -''' . - x so tv ;„-------------- '. wirt . Ari, f ''' 1:7 10 (:.',-- 40.____ " r eves Trail �, 111 • iji; C f:1111 C �! CI 09L5 al c7r, c„ „-------;- _-., , i AA,, jai r,.- - 1( ( � sn v� ry ao a r 4o-'' tiyi` [ Jo j' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: DML DESIGNS, LLC T/A TRINITY TATTOO CO. [Applicant] MISHORIM GOLD VAB, LP [Property Owner] Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment) on property located at 2720 N. Mall Drive, Suites 112 & 116 (GPIN 1496273469), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: June 18, 2019 • Background: The applicant proposes to merge two existing tattoo parlors, one located along Bonney Road and the second located within the Lynnhaven Mall, into one operation within a 5,000 square foot unit in the Lynnhaven North Shopping Center. In addition, the applicant proposes to offer body piercing within the new establishment. Based on this, Conditional Use Permits for both a Tattoo Parlor and for a Body Piercing Establishment are requested. According to the application, 21 employees are anticipated, of which 13 will likely be tattoo artists. No exterior changes to the building are proposed other than a proposed channel-letter sign above the entry. • 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 within the shopping center. As per Zoning Ordinance requirements, the proposed establishment will not be within 600 feet of another tattoo parlor or body piercing business. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff is not aware of any opposition to this application. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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. The actual application of tattoos and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. DML Designs, LLC T/A Trinity Tattoo Co. Page 2 of 2 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. 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 - . • ..ency: Planning Department ') City Manager: Alllb elliIApplicant DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item Property Owner Mishorim Gold VAB, LP Public Hearing May 8, 2019 c ii\&j City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Conditional Use Permit (Body Piercing A D Establishment) >. Staff Recommendation Approval Staff Planner II Jonathan Sanders "5dB 4. "'u Location 2720 N. Mall Drive, Suites 112 & 116 GPIN 1496273469 Site Size € 13.11 acres AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay , Existing Land Use and Zoning District Mixed retail/ B-2 Community Business sabre sire,°t sari—Stir t t Surrounding Land Uses and Zoning Districts North �" Industrial office/I-1 Light Industrial g L i I 3 South ___ Lynnhaven Mall Loop , c,. Lynnhaven Mall/B-2 Community Business : ah East Furniture store/ B-2 Community BusinessI , C West x . . Mixed retail B-2 CommunityBusiness . / DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant proposes to merge two existing tattoo parlors, one located along Bonney Road and the second located within the Lynnhaven Mall, into one operation within a 5,000 square foot unit in the Lynnhaven North Shopping Center. In addition, the applicant proposes to offer body piercing within the same establishment. Based on this, Conditional Use Permits for both a Tattoo Parlor and for a Body Piercing Establishment are requested. • According to the application, 21 employees are anticipated, of which 13 will likely be tattoo artists. • The anticipated hours of operation have been identified as between 10:00 a.m.to 9:00 p.m., Monday through Saturday, and 11:00 a.m. to 6:00 p.m. on Sunday. • No exterior changes to the building are proposed,other than proposed channel-letter signage depicted on page 7 of this report. `\ I Zoning History I1 , I I 1 # Request !1 j 1 CUP(Indoor Commercial Recreation Facility)Approved t -- I " 06/23/2009 �� � 2 Er: : 2Pot Approved 13 s-2 /, _ 3 MOD Approved 06/12/2007 a // I '; MOD(Mini-Warehouse/Self-Storage)Approved '' ' i \ 02/26/2002 —' ._ `` CUP(Mini-Warehouse/Self-Storage)Approved a I s-2 07/03/2001 R-75 ca ," �� ., „' : -, .,. 4 CUP(Self-Storage)Approved 07/14/2015 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 Permits for a Tattoo Parlor and for a Body Piercing Establishment is, in Staffs opinion, acceptable given that the use will be compatible with the other existing commercial businesses in the Lynnhaven Mall area. 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. DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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. The actual application of tattoos and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. 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 This site is located within Special Economic Growth Area 2-West Oceana. Much of this area is subject to Navy restrictive easements and all of this area is within the AICUZ high noise zone.The majority of this area has been subdivided and is zoned for commercial and industrial uses. The area west of Lynnhaven Parkway is recommended for corporate office, retail and other comparable commercial use due to this site's high visibility. Special attention should be given to ensure high quality site, landscape and building designs.This proposed use is part of an ongoing facade improvement to revitalize the existing shopping center. Several spaces are currently vacant, and this use will better utilize the existing shopping center by consolidating empty commercial bays with a new use. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site, as it developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Mall Drive No data available 20,700 ADT (LOS 2"D") No change anticipated 'Average Daily Trips 2 LOS=Level of Service DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 3 Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 7, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday,April 21, 2019 and Sunday,April 28, 2019. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,June 2, 2019 and Sunday,June 9th • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 3,2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 14, 2019. DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 4 Site Layout nnnnnnnnnunnnm nnnnnn IIIIII ODHI nnn UITI ummunnnnnnnunUTIMMnnnnnr 1 4r,w, i I NOIM4.04.1.:040s i i \I" ,_.., ‘1 I aka I is 'i i i NERi iflI ! tflfl . :, ,:...et s 01 t NN1 i -a of t111441110AWY�' .111441110A ...... , ..,,.� 4 , IIN N...N„ �\ OiGK S / .nD 44..,.......\*Dillacal d's MINES-N®NtE 0 *sump. LLBean ) ......MIMI= if 1 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 5 Proposed Floor Plan ;...81 • • • I t I. r!' t . . . . - - - DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 6 Proposed Signage HE WI IVB `TATTOO & BODY `PIERCING MEM it 4 IE DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 7 Site Photos ,,i, j 20 STORES ',`' t COMINGS• W -- -- - i tti M MN IMIMM fe III III 1 . Go 0.-- , _ ........ . ‘_ ftimli Int ii. .. 1 - row Mel ii i I 1 �' 1 , _ . __ _ ,, . ._, £: DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME DML Designs, LLC T/A Trinity Tattoo Co. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be update: s prior to any Page 1 of 7 Planning Commission and City Council meeting that r ;ppl cauonis' 0 APPLICANI NOTIFIED OF HEARING DATE 11II aar NO CHANGES AS OF DATE (,/"/ 1 JS JonATho.n Sc.rtc€rS REVISIONS SUBMITTED DATE DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 9 Disclosure Statement 1111=1111111111.111, 11111111111.1111MMINNIPIPIMIP 11F11,3 Virginia Beach Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: DML Designs, LLC T/A Trinity If an LLC, list all member's names: Melissa Lukeson, David Lukeson If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ 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:Mishorim Gold VAB, LP If an LLC, list the member's names:Maoz Goldshtein Page 2 of 7 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 10 Disclosure Statement 1//3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SE PE RATELY Page 3 of 7 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 0 " 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) ElConstruction Contractors 1=1 Engineers/Surveyors/Agents Financing (include current ❑ " mortgage holders and lenders L selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Colliers International El Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 12 Disclosure Statement cwq Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. IAPPLICANTS S RE PRINT NAME DATE Melissa Lukeson 12/28/2019 Page S of 7 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '=' Accounting and/or preparer of your tax return l l@ 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) ❑ , 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) 1 Legal Services Real Estate Brokers / Colliers International ❑ Agents/Realtors for current and anticipated future sales of the subject property f 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 DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPS ' 1' NAT ,PRINT NAME DATE Page 7 of 7 DML Designs, LLC T/A Trinity Tattoo Co. 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. DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item 1 Page 16 Item #1 DML Designs, LLC T/A Trinity Tattoo Co. Conditional Use Permit (Tattoo Parlor & Body Piercing Establishment) 2720 N. Mall Drive, Suite 112 & 116 District—Rose Hall May 8th,2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Oliver: Thank you. The next order of business will address those that have been placed on the consent agenda. The vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you Madam Chair. This afternoon we have seven items on the consent agenda. The first matter is agenda item number one. This is an application from DML Designs LLC, trading as Trinity Tattoo Company and application for a Conditional Use Permit for a Tattoo Parlor and a Conditional Use Permit for a Body Piercing Establishment on property located at 2720 North Mall Drive, Suite 112 and 116 in the Rose Hall District. Is there a representative for this application? Good afternoon. Could you state your name for the record? Ms. Lukeson: Good afternoon. My name is Melissa Lukeson. Ms. Rucinski: And are the conditions acceptable? Ms. Lukeson: Absolutely. Ms. Rucinski: Okay. Ms. Oliver: Thank you. The Chairman has asked Commissioner Jack Wall to read this into the record. Mr. Wall: Thank you. Okay, this is a Conditional Use Permit for a Tattoo Parlor and a Conditional Use Permit for Body Piercing Establishment. The applicant proposes to merge two existing tattoo parlors one located along Bonnie Road and a second located within the Lynnhaven Mall into one operation within a 5,000 square foot unit and the Lynnhaven North Shopping Center. In addition,the applicant proposes to offer body piercing within the same establishment. Based on the conditional use permits for both,a tattoo parlor and for a body piercing establishment are requested. There are an anticipated 21 employees, 13 of which will be tattoo artists. The hours of operation are expected to be 10 a.m. to 9 p.m. Monday through Saturday and 11 a.m. to 6 p.m. on Sunday. No changes to the building exterior proposed other than proposed channel-letter signage. Staff recommends approval; and the conditions are acceptable to the applicant. For these reasons, we have placed this application on the consent agenda. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one, four, five, six,ten,eleven,and D1 be approved. Ms. Oliver: Alright, I have a motion made by the vice chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. Ms. Garrido: Vote is open. Ms. Dozier: By recorded vote of 9-0 items one, four, five, six, ten, eleven, and D1 have been approved by consent with Commissioner Barnes abstaining from item four. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. A business license for the Tattoo Parlor and Body Piercing Establishment 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. The actual application of tattoos and body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. '1 ANA /i tS11/ e5--7,,,,,i J� ILo i p P /: t17 ,'F. O r 0 _., oe ...."---,..:.,:„. . :.:II / i._ L— e8e44 0 r / i' O k 7. 'f-. , / / irto •' ,,.., It ' i � � -v CO la:i' �_ > s / 1419 . a• = INV '---1 7 — id co - ,,,,,,, \\.,_ U AM. l (11) 'c 41 co '- -=v'--,.:. I , (N R t 1 Z .) . .I p, '-•--A--{ Ir -o ❑o C ,,� a- ig- y , / o s 1 .� � o m x al, ____..._...r . . .. . CO N ® d it'.- tit 9; ?, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AT ASSOCIATES, LLP [Applicant & Owner] Conditional Use Permit (Car Wash Facility) 2677 Virginia Beach Boulevard (GPIN 1497552196) COUNCIL DISTRICT — BEACH MEETING DATE: June 18, 2019 ■ Background: In April 2017, a Conditional Use Permit for a Bulk Storage Yard was granted on this property for the storage of up to 75 automobiles in association with the nearby car dealership (Beach Ford). While the property was most recently used for the storage of vehicles, the 36,496 square-foot site is currently developed with a vacant bank building with drive-through lanes and associated pavement. The applicant now proposes to remove the existing building and redevelop the site with a 6,429 square-foot car wash facility with two wash bays, and five self-service car vacuums. Based on this a Conditional Use Permit is required for the car wash. The submitted building elevations depict facades of wood siding with storefront windows, sectional overhead doors, and a wood framed porch element. As 13 parking spaces are depicted on the concept plan, the proposal exceeds the mnimum requirement of six parking spaces. • Considerations: The proposed request for a Conditional Use Permit for a Cash Wash is deemed acceptable by the Staff and by the Planning Commission. The use is compatible with the other business uses along this section of Virginia Beach Boulevard, many of which are motor vehicle related. Both a high-quality site layout and an attractive building design are proposed. The applicant intends to maintain the existing street frontage landscaping and will provide additional plantings to conform to the requirements of the Virginia Beach Landscaping Guide. The parking provided on- site exceeds the minimum parking requirement, as stipulated by the Zoning Ordinance, by seven spaces for a total of 13. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Conditional Use Permit for a Bulk Storage Yard, granted by City Council on April 19, 2017, is hereby voided with City Council's approval of this request. AT Associates, LLP Page 2 of 2 2. When the site is developed, it shall be in substantial conformance with the site layout entitled "BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA 23452", prepared by Clark Nexsen. 3. When the site is developed, the building shall have the architectural style, colors and materials with the rendering entitled "BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA 23452", prepared by Clark Nexsen. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. Any freestanding sign on the site shall be monument style, no taller than eight feet and have a brick base. 6. No vehicles shall be parked within any portion of the public right-of-way. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across the public streets or sidewalks or adjacent properties. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 9. If at any time the existing landscaping on the site is removed or dies, the applicant shall replace it with plant material as recommended in the Virginia Beach Landscape Guide. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. . - 4 - • gency: Planning Department 9 City Manager: Applicant & Property Owner AT Associates, LLP Agenda Item Public Hearin11 g May 8, 2019 / City Council Election District Beach City u) 5 Virginia Beach Request Conditional Use Permit (Car Wash Facility) N..,444, r ti S6.. 65-70 dB DNL I i Staff Recommendation / g Approval ,R Mulberry Grave Court b� Staff Planner 70-75 dE DNL �*4.r Marchelle Coleman 't'g�„.,., Queen A„,,,,,,,ad tic Location a.;; 2677 Virginia Beach Boulevard '�, >.„ 4y` >75 dB DN!. 44,k, GPIN 3 = s �� - may 1497552196 _ s Site Size �'i1/4� = � ; cx 36,496 square feet G, a i P U AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District !I,. Vacant bank/ B-2 Community Business �ts: .4z....., --.z-,,,_,., i .�� Surrounding Land Uses and Zoning Districts - : - , 42.. • WbD � �� North i; "' • i .,� Virginia Beach Boulevard , = -„ , 7 e°14/N Mixed retail/ B-2 Community Business South :-.0... A . , 'i 4 Motor vehicle sales/ B-2 Community Business -9 ,. ' • H. _ East '" • I Motor vehicle sales/ B-2 Community Business 4! '4 ,....4„,' - ! � _, West44 ,- ,It i z� Mustang Trail _,f� , , ,. - Motor vehicle sales/ B-2 Community Business � . `' '�c ag, E' ,; IGS tx ,,f Vit* ..5 a ,' + _ Js ` AT Associates, LLP Agenda Item 5 Page 1 Background and Summary of Proposal • In April 2017, a Conditional Use Permit for a Bulk Storage Yard was granted on this property for the storage of up to 75 automobiles in association with the nearby Beach Ford car dealership. The applicant is now requesting to replace the storage area with a car wash. Based on this, a Conditional Use Permit to operate a Car Wash Facility is requested. • The subject 36,496 square-foot site is currently developed with a vacant bank building, drive-through lanes, and associated pavement. • The applicant proposes to remove the existing building and redevelop the site with a 6,429 square-foot car wash facility with two wash bays. • The submitted building elevations depict facades of wood siding with storefront windows, sectional overhead doors, and a wood framed porch element. • According to Section 203 of the Zoning Ordinance, this site will require a minimum of six parking spaces. The applicant is proposing a total of 13 parking spaces, as depicted on the concept plan. An additional five spaces are provided for self-service car vacuum use only. • The applicant worked diligently with Staff to ensure a high level of aesthetics for the redevelopment of the site, such as relocating the self-service vacuums that were originally proposed adjacent to Virginia Beach Boulevard and are now proposed on the west side of the property along Mustang Trail. • The applicant intends to preserve the existing street frontage landscaping and supplement it with additional plantings, as necessary. Zoning History eq,e �� # Request 13_21 CUP(Bulk Storage Yard)Approved 04/18/2017 if/ /0/07/ 2 CUP(Motor Vehicle Sales and Services)Approved v4; 02/08/2005 // CUP(Motor Vehicle Sales and Services)Approved •`!/ 07/01/1997 CUP(Motor Vehicle Sales and Services)Approved 8' 09/28/1993 /� 3 CUP(Auto Rentals)Approved 04/10/2001 L'�, I 4 CUP(Motor Vehicle Sales)Approved 10/26/1993 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 AT Associates, LLP Agenda Item 5 Page 2 Evaluation and Recommendation The proposed request for a Conditional Use Permit for a Cash Wash, in Staffs opinion, is an acceptable use and is compatible with the other business uses, many of which are motor vehicle related, along this section of Virginia Beach Boulevard. As stated previously,the applicant intends to maintain the existing street frontage landscaping and will provide additional plantings to conform to the requirements of the Virginia Beach Landscaping Guide.The parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance, exceeding the minimum parking space requirement by seven additional spaces.The applicant worked with Staff to ensure a high-quality site layout and an attractive building design. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The Conditional Use Permit for a Bulk Storage Yard,granted by City Council on April 19, 2017, is hereby voided with City Council's approval of this request. 2. When the site is developed, it shall be in substantial conformance with the site layout entitled "BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD, VIRGINIA BEACH,VA 23452", prepared by Clark Nexsen. 3. When the site is developed, the building shall have the architectural style, colors and materials with the rendering entitled "BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VA 23452", prepared by Clark Nexsen. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. Any freestanding sign on the site shall be monument style, no taller than eight feet and have a brick base. 6. No vehicles shall be parked within any portion of the public right-of-way. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across the public streets or sidewalks or adjacent properties. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site.There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs, or electronic display signs on the site. 9. If at any time the existing landscaping on the site is removed or dies,the applicant shall replace it with plant material as recommended in the Virginia Beach Landscape Guide. 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. AT Associates, LLP Agenda Item 5 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area (SGA). The long-term vision for the Lynnhaven SGA calls for series of mixed-uses at this location. The applicant is proposing to utilize the existing compliant landscaping and parking areas and construct a new car wash building within the existing area of the former bank.The proposed use and development form does not meet the policies of the Lynnhaven SGA; however, due to the site being oddly shaped and not being part of a consolidated proposal to create a non-residential mixed-use development, staff feels the proposal meets the intent of the Lynnhaven SGA by being flexible with current market conditions. Staff believes that the proposed building meets the design principles of the Lynnhaven SGA, which include enabling flexible development sites and building types to respond to ever-changing market needs and development programs, uses that are compatible with AICUZ restrictions and building on the existing good balance between homes, jobs, and services. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. As the site is developed with a building and associated parking, there are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1 Existing Land Use 2-410 ADT Virginia Beach Boulevard 33,100 ADT 74,000 ADT (LOS 4 "D") Proposed Land Use 3- 320 ADT 'Average Daily Trips 2 as defined by 3,500 square 3 as defined by car wash with 2 wash 4 LOS=Level of Service foot bank with drive-thru bays Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in this vicinity, is an eight-lane major urban arterial road with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled in this vicinity. Public Utility Impacts Water & Sewer The site is currently connected to City water and sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 7, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, April 21, 2019 and Sunday, April 28, 2019. AT Associates, LLP Agenda Item 5 Page 4 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 2, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,June 2, 2019 and Sunday,June 9th • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 3,2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 14, 2019. AT Associates, LLP Agenda Item 5 Page 5 Proposed Site Layout Z 6 fi IIIII m 2, , i , 1 6 It i Oyy '1 1 ,iii N g , iihiiiIiiiI cret i g g i Y 0 I we, LL a II !! : ' . ' ir cs s d_ ° ,-J .° t f', �. _� • 4 _'.., - - ._. . ::- -• - ''''. Z 1 VIII[/' 0 • 'Z''',....1,,,,,,..• . ?,------- --,, ••I t ar -'..7„-ttl . its 411I 111i _ii -. ' 11.4 ILI at .c.�. •' [ rLr ., m /`4 1-- _•: Yw - _«rte,: CD LLI '� ' z r � r,NNIS(11 CO o • 11' CC �� ' f:1 Yt « K'�fl s 44 W 1 • ' 1 2�. :� z. -i' i •- ..'' AT Associates, LLP Agenda Item 5 Page 6 Proposed Elevations toW N 7 X W 6 V a .., c.d' faY�, J 2 XXZ m u u V in U Q 2 iill § k a$ K: i:, o: � o i = T o� I z a l nib ll!, i!!:11',411 111 R , . ,,,-: ,,, , Rfk---11a7-7--"i f r - z H .. ._ < f— I__ii j ( --1 J LU W J .---- LL1 : s:4 _. J 1 W , , i l W isiH n sairW F 25 (n [n S H Z W AT Associates, LLP Agenda Item 5 Page 7 Site Photos f r � sem@ .: r' �, , lx' ' i,,,;1'4,'" ra €n Y _fi x i` E i _ `� °� r � igirN , lri iliti . , a „.._ - .. W j — ,> - - h ,ice , may _ . AT Associates, LLP Agenda Item 5 Page 8 Disclosure Statement giTal V'tit,',ttiid f t,,,ii APPLICANT'S NAME AT Associates, LLP 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 f 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 tb SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All ciisciosures must be updated two(2)weeks Page 1 of 7 Planning Commission and City Councii meeting that pertains to the au El l APPLICANT NOTIFIED OF HEARING DATE _HANGESASOF DATE ViNIfA�e MAycheile L Cotertg14 0 REVISIONS SUBMITTED DATE. AT Associates, LLP Agenda Item 5 Page 9 Disclosure Statement NiB 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:AT Associates, LLP If an LLC, list all member's names: Thomas A. Barton,Jr.,Ann T. Barton,The Thomas A. Barton,Jr. Irrevocable Trust,The Ann T. Barton Irrevocable Trust,Thomas A. Barton, Ill, Robert H.Barton, Kristen Cuthriell, Dr. Daniel Barton. 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) Beach Ford, Inc. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:AT Associates, LLP If an LLC, list the member's names:Thomas A Barton,Jr.,Ann T.Barton,The Thomas A.Barton,Jr. Irrevocable Trust;The Ann T. Barton Irrevocable Trust,Thomas A.Barton, Ill,Robert H.Barton,Kristen Cuthriell,Dr.Daniel Barton Page 2 of 7 AT Associates, LLP Agenda Item 5 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Beach Ford, Inc. "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 AT Associates, LLP Agenda Item 5 Page 11 Disclosure Statement Ni9 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return I I Architect/ Landscape Architect/ Clark Nexsen, Inc. 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) 111 Construction Contractors ❑ Engineers/Surveyors/Agents Clark Nexsen, Inc./John Sirine Financing (include current ❑ r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) DLegal Services Williams Mullen 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 AT Associates, LLP Agenda Item 5 Page 12 Disclosure Statement Virginia Fi. 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/ j art /' /2•2 /fa APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 AT Associates, LLP Agenda Item 5 Page 13 Disclosure Statement \AB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ 0 Accounting and/or preparer of your tax return -1.- 0 Architect/Landscape Architect/ Clark Nexsen,Inc. Land Planner Contract Purchaser(if other than Elthe Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CI@ Construction Contractors ❑ Engineers/Surveyors/Agents Clark Nexsen,Inc. Financing (include current El @ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L1Legal Services Wiliam*Mullen 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 ❑ A. 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 AT Associates, LLP Agenda Item 5 Page 14 Disclosure Statement VB Virginia Beach ICERTIFICATION: ,1 certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I 11 understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Arta.4 l RINT /2-� 40 PRO RTY OWNER'S SIGNATURE NAME DATE Page 7 of 7 AT Associates, LLP Agenda Item 5 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. AT Associates, LLP Agenda Item 5 Page 16 Item#5 AT Associates, LLP Conditional Use Permit (Car Wash Facility) 2677 Virginia Beach Boulevard District—Beach May 8, 2019 RECOMMENDED FOR APPROVAL—CONSENT Ms. Rucinski: Okay, the next item on the agenda is item number five and that's an application for AT Associates, LLP which is an application for Conditional Use Permit for a Car Wash Facility on property located at 2677 Virginia Beach Boulevard in the Beach District. Is their representative for this? You can state your name for the record. Mr. Scifres: Grig Scifres, an attorney with Williams Mall. I represent the applicant and it's actually a AT Associates. Ms. Rucinski: Oh, it's AD? Mr. Scifres: AT, as a time. Ms. Rucinski: And the conditions are acceptable? Mr. Scifres: Yes, they are. Ms. Rucinski: Alright. Thank you. Mr. Scifres: Thank you. Ms. Rucinski: Thank you. Alright,the Chairman has asked Commissioner George Alcaraz to read this into the record. Mr. Alcaraz: Thank you. In April 2017, a Conditional Use Permit for a Bulk Storage Yard was granted on the property to store up to 75 automobiles in association with the nearby Beach Ford car dealership. The applicant is now requesting to replace the storage area with a car wash. The proposal request for the Conditional Use Permit for a Car Wash,in staffs opinion,is an acceptable use and is compatible with other uses, many of which are motor vehicle related along this section of Virginia Beach Boulevard. As stated previously, I'm sorry, I skipped a line here. Sorry about that. The applicant intends to maintain existing street frontage landscaping and will provide additional plantings to conform with the requirements of the Virginia Beach Landscaping Guide. The parking provided on the site meets the requirements in Section 203 of the Zoning Ordinance, exceeding the minimum parking spaces required by seven additional parking spaces. The applicant worked with staff to ensure high quality site layout and an attractive building design based on the considerations above staff recommends approval and it's on consent agenda. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one,four, five,six,ten,eleven,and D1 be approved. Ms. Oliver: Alright, I have a motion made by the Vice Chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. Ms. Garrido: Vote is open. Ms. Dozier: By a recorded vote of 9-0 items one, four, five, six, ten, eleven, and D1 have been Approved by Consent with Commissioner Barnes abstaining from item four. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS 1. The Conditional Use Permit for a Bulk Storage Yard, granted by City Council on April 19, 2017, is hereby voided with City Council's approval of this request. 2. When the site is developed, it shall be in substantial conformance with the site layout entitled"BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA 23452", prepared by Clark Nexsen. 3. When the site is developed, the building shall have the architectural style, colors and materials with the rendering entitled "BEACH FORD CAR WASH, 2677 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA 23452", prepared by Clark Nexsen. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. Any freestanding sign on the site shall be monument style, no taller than eight feet and have a brick base. 6. No vehicles shall be parked within any portion of the public right-of-way. 7. No water produced by activities at the facility lot shall be permitted to fall upon or drain across the public streets or sidewalks or adjacent properties. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 9. If at any time the existing landscaping on the site is removed or dies, the applicant shall replace it with plant material as recommended in the Virginia Beach Landscape Guide. B YE`r1'i NSA ".C= .. 1z'C�7 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JOSEPHINE P. PARKER [Applicant & Owner] CONDITIONAL USE PERMIT (Automobile Repair Garage) MODIFICATION OF CONDITIONS (Bulk Storage Yard) 573 Central Drive (GPIN 1496678537) COUNCIL DISTRICT — BEACH MEETING DATE: June 18, 2019 ■ Background: This application was scheduled for the June 12, 2019 Planning Commission meeting and for the June 18, 2019, City Council public hearing. As the Planning Commission meeting was cancelled, the request must be deferred. The Staff report has not been published, so there are no attachments or recommendations associated with this Agenda Request Form. Recommended Action: Staff recommends Deferral. Submitting Department/Agency: Planning Department F j2 City Manager:Wilk r,ittil SHui y F •S�?, [. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISHORIM GOLD VAB, LP [Applicant & Owner] Conditional Use Permit (Indoor Recreational Facility) 2720 North Mall Drive, Suite 100 (GPIN 1496472557) COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 18, 2019 • Background: This application was scheduled for the June 12, 2019 Planning Commission meeting and for the June 18, 2019 City Council public hearing. As the Planning Commission meeting was cancelled, the request must be deferred. The Staff report has not been published, so there are no attachments or recommendations associated with this Agenda Request Form. Recommended Action: Staff recommends Deferral. Submitting Dep. a • en A•ency: Planning Department City Manager: 14, !4;[ 6 :. ,.ABS ` , 'yip, :f ,N Imo' -- 1 s. a• CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: AN ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTIFICATION OF PROPERTY OWNERS MEETING DATE: June 18, 2019 ■ Background: This request is to align the City Zoning Ordinance with new amendments to the Code of Virginia in regards to notifications sent to property owners. Property owners are currently required to be notified by registered mail of any "written order, requirement, decisions, or determination of the Zoning Administrator". This amendment allows for the use of certified mail in addition to registered mail. • Considerations: The proposed language aligns the City Zoning Ordinance with new amendments to the Code of Virginia. Zoning Administration staff currently uses registered mail, is compliant with the current code requirements and does not anticipate having to change current procedures. The amendment will be effective July 1, 2019 to align with the enactment of the legislation in the Code of Virginia. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Des ; li-n 1 •• ••ency: Planning DepartmentIV(/'1 a City Manager: � �� 1` , Applicant City of Virginia Beach Agenda Item Public Hearing May 8, 2019 Notification to Property Owners city„; Virginia Beach Request An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to Notification to Property Owners. Summary of Request This ordinance is in response to a change in the Code of Virginia. The ordinance will make section 103 of our City Zoning Ordinance consistent with the regulations set forth by the General Assembly. This ordinance adds "Certified" mail as a legal method of notification to which the appeal period begins once received by the property owner or their registered agent.The current ordinance only recognizes registered mail or posting of the notice at the last known address or usual place of abode of the property owner or registered agent. Recommendation Staff recommends approval of this ordinance. This amendment will ensure that the City Zoning Ordinance is responsive to legislative changes to the Code of Virginia. Adding certified mail as an acceptable form of notification will have a positive impact on the zoning notification process. City of Virginia Beach Agenda Item 11 Page 1 1 AN ORDINANCE TO AMEND SECTION 103 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTIFICATION TO 4 PROPERTY OWNER 5 6 Section Amended: § 103 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 103 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 103. —Administration. 19 20 . . . . 21 22 (I) The zoning administrator shall provide written notice to the owner of any real 23 property that is the subject of a request for a written order, requirement, decision, 24 or determination of the zoning administrator. Such notice shall be given by the 25 zoning administrator or by the applicant on forms provided by the zoning 26 administrator within ten (10) days of the date of the request. The appeal period for 27 such order, requirement, decision or determination shall not commence until the 28 notice is sent by registered or certified mail to, or posted at, the last known 29 address or usual place of abode of the property owner or its registered agent, if 30 any. There is a rebuttable presumption that the property owner's last known 31 address is that shown on the current real estate tax assessment records, or the 32 address of a registered agent that is shown in the records of the Clerk of the State 33 Corporation Commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. THIS ORDINANCE SHALL BE EFFECTIVE ON JULY 1, 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 110q0t),)). PETNPlanning Department City Attorney's Office CA14732//R-2/April 9, 2019 Item#11 City of Virginia Beach An Ordinance to Amend Section 103 of the City Zoning Ordinance pertaining to Notification of Property Owners. May 8th,2019 RECOMMEND FOR APPROVAL—CONSENT Ms. Rucinski: Alright. Thank you. The next item is also a City of Virginia Beach item. It's an ordinance to amend Section 103 of the City's Zoning Ordinance pertaining to notification to property owners and again, Mr. Kemp would you read it. Mr. Kemp: Yes, thank you, what this does is again syncs our Zoning Ordinance with recent state legislation. What it does is it adds certified mail as an acceptable form of notification to which when someone receives it, the appeal period can begin. It is currently zoning's practice of using registered mail. I don't anticipate that practice will change but this will add the option to send certified as well. Ms. Rucinski: Right. Thank you. Mr. Kemp: Thank you. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one, four, five, six,ten,eleven,and D1 be approved. Ms. Oliver: Alright, I have a motion made by the vice chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. Ms. Garrido: Vote is open. Ms. Dozier: By recorded vote of 9-0 items one, four, five, six, ten, eleven, and Dl have been approved by consent with Commissioner Barnes abstaining from item four. Ms. Oliver: Alright. Thank you. I'd like to thank all the applicants that came down today that had a matter on the consent agenda. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE ra,j',, ..*N\, ft 4: 1,. .. .,.,, ,,,:.,....„,„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO TIME LIMITATIONS FOR CITY COUNCIL REFERRAL OF ZONING AMENDMENTS TO PLANNING COMMISSION FOR ACTION MEETING DATE: June 18, 2019 • Background: This request is to align the City Zoning Ordinance with new amendments to the Code of Virginia in regards to text amendments that are initiated by resolution of City Council and referred to the Planning Commission. For any text amendment that is referred to the Planning Commission from City Council it shall be brought back to City Council only after a public hearing. The public hearing must meet the typical advertising requirement for other Planning Commission public hearings. • Considerations: The proposed language aligns the City Zoning Ordinance with new amendments to the Code of Virginia. This revision does not alter the current practice of the Planning Department to publicly advertise any proposed text amendment for the Planning Commision and City Council public hearings. The amendment will be effective July 1, 2019 to align with the enactment of the legislation in the Code of Virginia. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• . 1 e 7 ' , ncy: Planning Department t f City Manager: ��, Y 1Applicant City of Virginia Beach Agenda Item 1BPublic Hearing May 8, 2019 City Council Initiation of Amendments1 0 City of Virginia Beach Request An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the permitted time to consider a City Council referral of Zoning Amendments by the Planning Commission. Summary of Request This ordinance is in response to a change in the Code of Virginia.The ordinance will make section 107 of our City Zoning Ordinance consistent with the regulations set forth by the General Assembly. This ordinance permits City Council to initiate code amendments and adds the following language to the section of the Zoning Ordinance covering the initiation of amendments to the Zoning Ordinance. "...City Council may refer to Planning Commission an amendment or reenactment of the Zoning Ordinance. Planning Commission must report within 100 days of the first meeting of the Planning Commission after its referral. City Council may require Planning Commission to report earlier after a public hearing; notice published in a newspaper having general circulation in the locality at least two weeks prior to the public hearing; and publish the notice on the city website...." Recommendation Staff recommends approval of this ordinance.This amendment will ensure that the City Zoning Ordinance is responsive to legislative changes to the Code of Virginia.The requirements set forth in this ordinance are reasonable and ensure that the public will have sufficient notification of a proposed amendment change. City of Virginia Beach Agenda Item 10 Page 1 1 AN ORDINANCE TO AMEND SECTION 107 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CITY COUNCIL REFERRAL 4 OF AMENDMENT 5 6 Section Amended: § 107 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 107 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 107. —Amendments. 19 20 (a) Initiation. Whenever the public necessity, convenience, general welfare, or good 21 zoning practice requires, the city council may by ordinance, amend, supplement, or 22 change the regulations, district boundaries, or zoning district classifications of 23 property. Any such action may be initiated by resolution of the city council, or by 24 motion of the planning commission, or, where a change of the zoning district 25 classification of property is sought, by petition of the owner, contract purchaser 26 with the owner's written consent, or the owner's duly authorized agent therefor, of 27 the property which is the subject of the proposed change of zoning district 28 classification, addressed to the city council. City Council may refer to Planning 29 Commission an amendment or reenactment of the Zoning Ordinance. Unless a 30 shorter time is prescribed in the referral resolution, Planning Commission must 31 report its recommendation within 100 days of its first meeting after the date of the 32 referred ordinance. City Council shall require a report in less than 100 days only 33 after a public hearing. Notice of such public hearing shall be published in a 34 newspaper having general circulation in the locality at least two weeks prior to the 35 public hearing and such notice shall also be published on the city website. In the 36 utter case, Any petition submitted by an owner, contract purchaser with the 37 owner's consent or the owner's duly authorized agent the petition shall be 38 addressed to city council but shall be filed with the director of planning. The 39 director shall cause the petition to be placed on the agenda of the planning 40 commission. For purposes of this section, a change of zoning district classification 41 shall be deemed to include modifications of the conditions of a conditional change 42 of zoning district classification pursuant to subdivision (h). 43 44 . . . . THIS ORDINANCE SHALL BE EFFECTIVE JULY 1, 2019. 1 • 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: -X)0-14-LC 1 L Wit N '` 1 �L Planning Depa ment City Attorney' . ;ice CA14733 ` R-3 May 7, 2019 2 Item #10 City of Virginia Beach An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the time limitations of City Council referral of Zoning Amendments to Planning Commission for action. May 8th, 2019 RECOMMEND FOR APPROVAL—CONSENT Ms. Rucinski: Thank you. The next item is Number 10. It is the City of Virginia Beach, an ordinance to amend Section 107 of the City's Zoning Ordinance pertaining to time limitations for city council referrals to zoning amendments to the Planning Commission for action and the chair has asked Zoning Administrator Kevin Kemp to read this. Mr. Kemp: Thank you commissioner. This ordinance will amend Section 107, the Zoning Ordinance and sync our Zoning Ordinance up with recently passed state legislation. What it is basically is if city council refers an item for your consideration they are going to expect you to consider it in less than 100 days. There's additional requirements that need to be met particularly advertising through the paper and on the website. Staff recommends approval of this amendment. Ms. Rucinski: Alright. Thank you. The next item is also a City of Virginia Beach item. It's an ordinance to amend Section 103 of the City's Zoning Ordinance pertaining to notification to property owners and again, Mr. Kemp would you read it. Mr. Kemp: Yes, thank you, what this does is again syncs our Zoning Ordinance with recent state legislation. What it does is it adds certified mail as an acceptable form of notification to which when someone receives it, the appeal period can begin. It is currently zoning's practice of using registered mail. I don't anticipate that practice will change but this will add the option to send certified as well. Ms. Rucinski: Right. Thank you. Mr. Kemp: Thank you. Ms. Rucinski: Alright, thank you. Perfect. Alright. Like I said, that is the last item. So I would like to move that items number one, four, five, six,ten,eleven,and Dl be approved. Ms. Oliver: Alright, I have a motion made by the vice chair. May I have a second? Ms. Weiner: Second. Ms. Oliver: Second by Commissioner Weiner. Ms. Garrido: Vote is open. Ms. Dozier: By recorded vote of 9-0 items one, four, five, six, ten, eleven, and 131 have been approved by consent with Commissioner Barnes abstaining from item four. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY ABSENT INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, June 25 Workshop Tuesday, July 2 Formal Session Tuesday, July 9 Formal Session Wednesday, July 10 Governance Special Session Tuesday,August 6 Formal Session Tuesday,August 13 Workshop Tuesday,August 20 Formal Session 6/18/19 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/04/2019 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T 1 0 B C DN 0 M 0 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T IR Y ' S S E R N D N CITY MANAGER'S BRIEFINGS Bobby Tajan, A. ANINA BUDIG/WEBLIN HOUSE Director—Planning and Community Development Alice Kelly,Interim B. INTERIM FINANCIAL STATEMENT Director—Finance C. PENDING PLANNING ITEMS Bobby Tajan, Director—Planning and Community Development II/III/IV/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/VI A-E F. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y May 21,2019 Ordinance to CONFIRM the Declaration ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y of a Local Emergency re May 31,2019 Shooting at the Virginia Beach Municipal Center H.1. Ordinance to DECLARE 11.7 acres of ADOPTED 10-1 Y Y Y Y Y Y Y Y Y Y N City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation (Deferred from May 21,2019) REQUESTED BY COUNCIL MEMBERS ABBOTT,BERLUCCHI,DYER, HENLEY,JONES,MOSS,TOWER,AND WILSON H.2. Resolution to PROVIDE for the issuance ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y and sale of General Obligation Public CONSENT Improvement and Refunding Bonds,in the maximum amount of$185-Million,and PROVIDE for the form,details and payments thereof,to fund authorized Public Improvements and refund Previously Authorized and Issued Bonds H.3. Resolution to SUPPORT the City's local ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y commitment for the Virginia Department of CONSENT Transportation(VDOT)re Pacific Avenue Bicycle and Pedestrian Safety Program Project H.4. Ordinance to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE an Agreement CONSENT between Hampton Roads Economic Development Alliance(HREDA),the City and ten(10)other Regional Localities re regional economic development CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/04/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 L W0 O C Y LNOUWS 0 T THE EE S S E O O E T I R Y S S ERNDN H.5. Resolution to AUTHORIZE and DIRECT ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the City Manager to EXECUTE an CONSENT Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program(ARP)easements 11.6. Resolution to GRANT permits re ALLOW ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS,LLC b. Miracle Medical Transport,LLC d/b/a Mid- c. Atlantic Regional Ambulance d. MB Solutions,LLC e. Shore Transport Services,Inc. f. ISC Medical Transport,LLC H.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City CONSENT Property known as Croatan Beach at the rear of 542 South Atlantic Avenue re construct and maintain wood walkway H.8. Ordinance to APPROPRIATE$300,000 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from Fund Balance to the FY2018-19 CONSENT Parking Enterprise Operating Budget re contractual services H.9. Ordinances to ACCEPT and APPROPRIATE: a. $91,813 to the FY2018-19 Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Emergency Medical Services(EMS) CONSENT Operating Budget re support rescue squad operations and resupply training equipment b. $1,686,141 from Virginia Office of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Children's Services to the FY2018-19 CONSENT Human Services Operating Budget and TRANSFER$335,096 within the Operating Budget re support Children's Services Act(CSA)Program c. $124,449 from Virginia Beach Library ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Foundation and TRANSFER$91,000 from CONSENT General Fund Reserve for Contingencies to the FY2018-19 Libraries Operating Budget re purchase of a bookmobile 11.10. Ordinance to MODIFY Appropriations and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER$27,547 in the FY2019-20 CONSENT Housing and Neighborhood Preservation Operating Budget re impact of Federal fund changes and ensure compliance with Federal programmatic requirements CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/04/2019 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DN 0 M 0 0 LW 0 O C Y LNOUWS 0 T T HEE ES S E 0 0 E T I R Y S S ER NDN ADD ON Ordinance to CONFIRM the Declaration ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of a Local Emergency re May 31,2019 CONSENT Shooting at the Virginia Beach Municipal Center I.1. PINEY GROVE BAPTIST CHURCH WITHDRAWN 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from May 21,2019) 1.2. ANINA BUDIG/WEBLIN DEFERRED TO 8-3 N Y Y YNN Y Y Y Y Y PROPERTIES,LLC for a Conditional AUGUST 20,2019 Change of Zoning from R-10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay)re 15 residential units at 5588 Moores Pond Road DISTRICT 4— BAYSIDE J. APPOINTMENTS: RESCHEDULED BYCONS ENS US ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORIC PRESERVATION COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 2040 VISION TO ACTION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY COALITION Cynthia Arocho Edwina Bergana Kimberly Melnyk Cheryl Snowden 4 Year Term 7/1/2019-6/30/2023 BIKEWAYS AND TRAILS ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Daniel Koach 3 Year Term 7/1/2019-6/30/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/04/2019 PAGE: 4 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMO 0 L W 0 O C Y LNOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN HAMPTON ROADS PLANNING Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y DISTRICT COMMISSION Dave Hansen 2 Year Term 7/1/2019-6/30/2021 HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Jamal Gunn Unexpired Term thru 3/31/2021 Carla Hesseltine Unexpired Term thru 3/31/2020 Rodney J. Burnsworth 3 Year Term 6/4/2019-3/31/2022 MINORITY BUSINESS COUNCIL Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Shelia Johnson 2 Year Term 6/1/2019-5/31/2021 Appointed: Ronald Lewis 2 Year Term 6/4/2019-5/31/2021 TIDEWATER COMMUNITY COLLEGE Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Cynthia Free 4 Year Term 7/1/2019-6/30/2023 1C/UM ADJOURNMENT 7:14 PM OPEN DIALOGUE 7 SPEAKERS 7:37 PM