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08-06-2019 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large ♦��'a .8Cy L� VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 'a� d'JESSICA P.ABBOTT,Kempsville—District 2 {J:1 MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 � ' LOUIS R.JONES,Bayside—District 4 ;0 JOHND.MOSS,At Large `+ "" " ' AARON R.ROUSE,At LargeouR oF4 "° GUYK.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 August 06, 2019 FAX(757)385-5669 CITYAUDITOR--LYNDONS.REM/AS E-MAIL: vb CITYCOUNCIL ov.com CITY CLERK AMANDA BARNES @ g MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM Council Discussion—Council Member John Moss II. CITY MANAGER'S BRIEFINGS 1. POLICE DEPARTMENT MID-YEAR UPDATE Chief James A. Cervera, Police 2. MOTORIZED SCOOTERS (E-SCOOTERS) UPDATE Brian Solis, Assistant to The City Manager for Special Projects 3. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Todd Woolston Real Life 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 July 09, 2019 2. SPECIAL SESSION July 10, 2019 G. MAYOR'S PRESENTATION VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTIONS No. 4013 Celebrating the Lives of the 12 Killed in the May 31, 2019 Tragedy No. 4014 Commendate First Responders of the May 31, 2019 Tragedy Delegate Barry Knight H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Three (3) golf courses located at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road(Kempsville Greens), and 1144 Prosperity Road (Red Wing) 2. 300 21st Street and 305 20th Street I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development 2. Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road Interchange & Ramp Extension Project 3. Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with McDonald's Corporation for up to five (5) years for City-Owned Property at 300 21st Street and 305 20th Street 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Virginia Beach Golf Management, Inc.,re Bow Creek, Kempsville Greens, and Red Wing Lake Municipal Golf Courses 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct new timber pier 7. Ordinances to APPROPRIATE: a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of Emergency Management Operating Budget re disaster training and deployment reimbursements b. $2,700 from the Fire Depai tiuent Gift Fund re purchase of grills for Stations 6, 13 and 21 c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re technology related expenses d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision devices 8. Ordinances to TRANSFER from FY2018-19 Reserve for Contingencies: a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and ESTABLISH three (3) FTEs re new Treasurer's Office at Sabre Street b. $105,824 and$196,737 from FY 2018-19 Human Services Operating Budget to FY 2018-19 Non-Departmental Operating Budget re cost increases associated with Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs 9. Ordinances to ACCEPT and APPROPRIATE: a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from CIP#3- 506 to the FY 2019-20 Fire Department Operating Budget re purchase a generator for Station 20 and provide a required local match b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and EMS Operating Budgets - each department receives $10,000 c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development Operating Budget re Early Childhood Language Development Initiatives d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency Medical Services (EMS) Operating Budget re support squad operations and training e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department Operating Budget re personal protective equipment and training f. $24,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park Playground Renovations III g. $200.00 Gift from the Rochester, New York 911 Center to Emergency Communications and Citizen Services (ECCS) re purchase support items K. PLANNING 1. MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3 —ROSE HALL (Deferred from June 18, 2019) RECOMMENDATION: APPROVAL 2. 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 (Deferred from June 18, 2019) RECOMMENDATION: APPROVAL 3. ROWELMA M./GREGORY MCGRAW for a Conditional Use Permit re family-day care home at 5504 Haden Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. SK8 HOUSE VIRGINIA BEACH, LLC /MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. MMR ASSOCIATES,LLC for a Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION 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 COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD 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 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. POTENTIAL NOVEMBER 2020 FLOODING PROJECTS BOND REFERENDUM Council Discussion—Council Member John Moss II. CITY MANAGER'S BRIEFINGS 1. POLICE DEPARTMENT MID-YEAR UPDATE Chief James A. Cervera, Police 2. MOTORIZED SCOOTERS (E-SCOOTERS) UPDATE Brian Solis, Assistant to The City Manager for Special Projects 3. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Todd Woolston Real Life 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 July 09, 2019 2. SPECIAL SESSION July 10, 2019 G. MAYOR'S PRESENTATION VIRGINIA GENERAL ASSEMBLY HOUSE RESOLUTIONS No. 4013 Celebrating the Lives of the 12 Killed in the May 31, 2019 Tragedy No. 4014 Commendate First Responders of the May 31, 2019 Tragedy Delegate Barry Knight H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Three (3) golf courses located at 3425 Club House Road(Bow Creek), 4840 Princess Anne Road (Kempsville Greens), and 1144 Prosperity Road (Red Wing) 2. 300 21' Street and 305 20th Street �1 y7p Z vim g ...wY- PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City- owned property on Tuesday August 6,2019 at 6:00 p.m.in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach,Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to amend the terms of the lease for the following properties: Three golf courses and related facilities located at(1) 3425 Club House Road(Bow 0 Creek), (2) 4840 Princess Anne Road (Kempsville Greens), and (3) 1144 Prosperity Road(Red Wing) 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 TDD only 711. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228,Building 18,at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is(757)385-5659. All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:July 28,2019 acy g` 'S C.i,.. rr!.."! \j 61 4 4i'Cat �J LW`�" PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City- owned property on August 6, 2019 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach,Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to extend the D°113 terms of the lease for the following properties: 300 21st Street,approximately 25,140 sq.ft.,(GPIN:2427-18- 1343) and 305 20th Street, approximately 7,000 sq. ft. (GPIN: 2427-18-1128) to McDonald's Corporation 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. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228,Building 18,at the Virginia Beach Municipal Center -(757)385-5659. All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:July 28,2019 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to RE-AFFIRM the City Council Support re Offshore Wind Energy Development 2. Resolution to SUPPORT Limited Access Modifications re VDOT I-264/Witchduck Road Interchange & Ramp Extension Project 3. Ordinance to AMEND Section 2-81 of the City Code re Mandatory Retirement Age 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension with McDonald's Corporation for up to five (5) years for City-Owned Property at 300 21st Street and 305 20th Street 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Virginia Beach Golf Management, Inc.,re Bow Creek, Kempsville Greens, and Red Wing Lake Municipal Golf Courses 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct new timber pier 7. Ordinances to APPROPRIATE: a. $9,460 from the Regional Reimbursement Revenue to the FY 2019-20 Office of Emergency Management Operating Budget re disaster training and deployment reimbursements b. $2,700 from the Fire Department Gift Fund re purchase of grills for Stations 6, 13 and 21 c. $634,540 to the FY 2019-20 Clerk of the Circuit Court Operating Budget re technology related expenses d. $240,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision devices 8. Ordinances to TRANSFER from FY2018-19 Reserve for Contingencies: a. $204,281 to the FY 2019-20 Treasurer's Office Operating Budget and ESTABLISH three (3) FTEs re new Treasurer's Office at Sabre Street b. $105,824 and $196,737 from FY 2018-19 Human Services Operating Budget to FY 2018-19 Non-Depai tiiiental Operating Budget re cost increases associated with Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs 9. Ordinances to ACCEPT and APPROPRIATE: a. $166,250 from the Department of Homeland Security and to Transfer$8,750 from CIP#3- 506 to the FY 2019-20 Fire Department Operating Budget re purchase a generator for Station 20 and provide a required local match b. $30,000 from the Norfolk Southern Foundation to FY 2019-20 Police, Fire and EMS Operating Budgets - each department receives $10,000 c. $50,000 from the What Works Cities to the FY 2019-20 Economic Development Operating Budget re Early Childhood Language Development Initiatives d. $35,517.12 from the Virginia Department of Health to the FY 2019-20 Emergency Medical Services (EMS) Operating Budget re support squad operations and training e. $137,610 in Aid to Localities Grant Funding to the FY 2019-20 Fire Department Operating Budget re personal protective equipment and training f. $24,800 in Lieu of Park Reservation from Shea Farm Subdivision re Park Playground Renovations III g. $200.00 Gift from the Rochester,New York 911 Center to Emergency Communications and Citizen Services (ECCS) re purchase support items r^ rcP Cyi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Re-Affirm the City Council Support of Offshore Wind Energy Development MEETING DATE: August 6, 2019 • Background: Development of offshore wind off the coast of Virginia has been pursued for several years. Virginia Beach has been a leader in this pursuit through appropriating funds to investigate the utilization of the Chesapeake Light Tower as a MET tower (a wind measuring tower or meteorological evaluation tower) and working extensively with the United States Navy and the Federal Aviation Administration on radar interference issues. The Coastal Virginia Offshore Wind Project conducted an onshore groundbreaking on July 1, 2019. The development of offshore wind energy offers the potential of increased clean energy, reduced generation of greenhouse gasses, and it further diversifies the City's energy supply. Further, the development of offshore wind energy provides the potential to create jobs and develop an industry cluster that further enhances the City's maritime work force and supply chain, and it leverages the natural advantages of Virginia Beach and the Hampton Roads Region. In August 2018, the City Council adopted a resolution supporting offshore wind energy development. The Council received a briefing at its Informal Session on July 2, 2019, from the Hampton Roads Planning District Commission. That briefing and the opportunities discussed therein provide the opportunity for the Council to restate its commitment to wind energy development. • Considerations: The attached resolution re-affirms the City Council's support of offshore wind development, and it provides the rationale for supporting this initiative. • Public Information: Normal Council agenda process. Additionally, the July 2, 2019 briefing from the Hampton Roads Planning District Commission was broadcast and re-broadcast on VBTV and is available on the City's website and Youtube channel. • Attachment: Resolution; Exhibit A (Resolution from August 2018) Requested by Councilmembers Berlucchi, Wilson, and Wooten REQUESTED BY COUNCILMEMBERS BERLUCCHI, WILSON, AND WOOTEN 1 A RESOLUTION TO RE-AFFIRM THE CITY COUNCIL 2 SUPPORT OF OFFSHORE WIND ENERGY 3 DEVELOPMENT 4 5 WHEREAS, the Coastal Virginia Offshore Wind Project conducted an onshore 6 groundbreaking on July 1, 2019; and 7 8 WHEREAS, the development of offshore wind energy offers the potential of 9 increased clean energy, reduced generation of greenhouse gasses, and it further 10 diversifies the City's energy supply; and 11 12 WHEREAS, the development of offshore wind energy provides the potential to 13 create jobs and develop an industry cluster that further enhances the City's maritime work 14 force and supply chain; and 15 16 WHEREAS, the development of offshore wind energy leverages the natural 17 advantages of Virginia Beach and the Hampton Roads Region; and 18 19 WHEREAS, the City Council has previously adopted a resolution supporting 20 offshore wind energy, and the Council desires to re-affirm it support of Offshore Wind 21 Energy. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Council hereby affirms its Resolution, previously adopted on August 7, 27 2018, and is attached hereto and incorporated herein as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: C CA14812 R-1 July 30, 2019 Exhibit A Requested by Councilmember Uhrin, Mayor Jones, Vice Mayor Wood, and Councilmembers Abbott, Davenport, Dyer, Henley, and Wilson 1 A RESOLUTION SUPPORTING OFFSHORE WIND OFF 2 THE COAST OF VIRGINIA 3 4 WHEREAS, development of offshore wind off the coast of Virginia has been 5 pursued for a number of years; and 6 WHEREAS, Virginia Beach has been a leader in this pursuit through appropriating 7 funds to investigate the utilization of the Chesapeake Light Tower as a MET tower(a wind 8 measuring tower or meteorological evaluation tower) and working extensively with the 9 United States Navy and the Federal Aviation Administration on radar interference issues, 10 and having City staff deeply involved in the Virginia Offshore Wind Development Authority 11 (VOWDA) to assist in development of offshore wind; and 12 13 WHEREAS, Dominion Power, which was awarded the lease for the area 14 approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted 15 A/S, formally Danish Oil and Natural Gas; and 16 17 WHEREAS, Orsted and Dominion are anticipated to have two demonstration 18 turbines generating 6 MW each producing electricity in 2020; and 19 WHEREAS, these two test turbines will be the key for large-scale development of 20 offshore wind off the coast of Virginia Beach; and 21 22 WHEREAS, the General Assembly enacted legislation in 2018 requiring 5000 MW 23 of renewable energy to be constructed in the near term, 5 acres is needed for 1 MW of 24 solar energy, and thousands of megawatts could be produced by wind turbines in the 25 area offshore Virginia Beach; and 26 WHEREAS, Virginia Beach has a robust electrical grid that can receive and 27 transmit this offshore wind electric energy; and 28 29 WHEREAS, Virginia Beach has become the landing point for multiple transoceanic 30 high-speed data cables, and these cables will likely lead to the construction of server 31 farms in the City which require large amounts of electricity, and most of the companies 32 operating server farms want to use renewable energy as a source of electricity; and 33 WHEREAS, the development of wind energy off the coast of Virginia could mean 34 that Hampton Roads specifically and Virginia generally could become a hub for the wind 35 energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and 36 terrifically diversify the economies of Virginia Beach, Hampton Roads, and Virginia. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the City Council is committed to the creation of an offshore wind energy 40 industry off the coast of Virginia. 41 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 42 BEACH, VIRGINIA: 43 That the City Council requests that all state agencies, especially the State 44 Corporation Commission, take whatever steps are necessary in the very near term to 45 accelerate the creation of this new industry so as to provide clean renewable energy and 46 diversify the economy of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia this 7 th day of August , 2018. APPROVED AS TO LEGAL SUFFICIENCY: g'-- Deputy City Attorney Roderick R. Ingram CA14487/ALT-2/August 7, 2018 I ,:i Bk97 L. eJ CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: A Resolution to Support Limited Access Modifications for VDOT's 1-264 / Witchduck Road Interchange & Ramp Extension Project MEETING DATE: August 6, 2019 • Background: The Virginia Department of Transportation (VDOT) "1-264 / Witchduck Road Interchange & Ramp Extension Project" (UPC # 17630) is being constructed in conjunction with the VDOT "Route 1-264 Interchange Improvements—I-64 West Bound Ramp to 1-264 East Bound" (UPC # 57048). As part of the 1-264 /Witchduck Road Project, it is necessary for VDOT to modify ramp configuration on the west end of Greenwich Road. As such, VDOT must revise the limited access boundary for the adjacent highways. A Limited Access Highway is defined by VDOT as "extinguishing the abutting property rights to access the roadway that the land adjoins." In order to establish this limited access area, VDOT must purchase access rights from the abutting landowners as part of the acquisition process. • Considerations: VDOT has requested a Resolution of Support from the City for revisions to the limited access boundary near the western end of Greenwich Road. • Public Information: This item will be advertised in the normal Council agenda process. A public notice to receive comments on this issue was posted in the Virginian- Pilot on May 22, 2019 by VDOT. The comment period expired on June 3, 2019. • Recommendations: Approve the attached resolution. • Attachments: Resolution, Maps (2) Recommended Action: Approval Submitting D rt tiAgency: Public Works Engineeringi.,,aff City Manage 1 A RESOLUTION TO SUPPORT LIMITED ACCESS 2 MODIFICATIONS FOR VDOT'S 1-264 / WITCHDUCK ROAD 3 INTERCHANGE & RAMP EXTENSION PROJECT 4 5 WHEREAS, the Virginia Department of Transportation (VDOT) is currently 6 engaged in active construction on the 1-264 corridor in the City of Virginia Beach; 7 8 WHEREAS, VDOT has two construction projects on this corridor in the Six-Year 9 Improvement Program (SYIP), the "Route 1-264 Interchange Improvements-I-64 West 10 Bound Ramp to 1-264 East Bound" (UPC # 57048) and the "1-264 / Witchduck Road 11 Interchange & Ramp Extension Project" (UPC # 17630); 12 13 WHEREAS, in order to construct these projects, VDOT must modify ramp 14 configuration on the west end of Greenwich Road; 15 16 WHEREAS, as a major vehicular artery, 1-264 is a limited access highway, and 17 the present ramp modification thereby requires revisions to the limited access 18 boundaries between 1-264 and adjacent roads, including through the provision of 19 purchasing property rights from current landowners; 20 21 WHEREAS, a public comment notice was placed in the Virginian-Pilot on May 22 22, 2019, and the period for comments passed on June 3, 2019; and 23 24 WHEREAS, VDOT has requested that the City Council of the City of Virginia 25 Beach express its support for this modification. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA THAT: 29 30 1. The City of Virginia Beach hereby supports and endorses the necessary 31 revisions to the limited access boundary of 1-264 and its adjacent roads, including the 32 west end of Greenwich Road, which must be made in the process of construction of 33 SYIP project "1-264 / Witchduck Road Interchange & Ramp Extension Project" (UPC # 34 17630). 35 36 2. The City Manager is hereby authorized to execute on behalf of the City of 37 Virginia Beach all necessary limited access control change documents and letters of 38 support. 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: _it , ..---7- — Budget and Manageme S ices i TAttorney's Office CA14798/R-1/July 8, 2019 { 1 2 111` r y �� 1 •�� / g. 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Y i€ , l iggii t. u/ f jl _L. i i 3;3 5 t o 9 3 l` e S l t, •r�r _•e o f rc a Avg _ ' W 1 4 a i W + 11 �1 `. • ; b i 1 _ } 3 a 5� 4 1 F ¢ Ile in Lel-, v ys� „ ,,�Ira a ` u pf l r i get a. 0 tf) tt ro,t .., .: ,--t . , 1.. ,Jr_,,..<..,, --i. ' Ali —„ ° _ + '+ °ii �1 1 ' I I ,' ri 0 111 E al I \ F .1 n v u Y, �p tar ` r •- � S,2_ v , i 5 ; u / if. 1 iY -� -'i CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Amend Section 2-81 of the City Code Pertaining to Mandatory Retirement Age MEETING DATE: August 6, 2019 • Background: In 2015, City Code section 2-81 was amended to exempt Sheriff's Office sworn appointees from the age sixty-five (65) mandatory retirement. Instead, the Sheriff's Office sworn appointees' mandatory retirement became after the end of the month in which he or she attains the age of seventy(70). The Sheriff now seeks to amend the code section again to align with the mandatory retirement age of 65 for police officers. • Considerations: Recently a study was done comparing the job of a Sheriffs Office sworn appointee and sworn Police Department members. The study found that the positions were similar and recommended there should be parity between the positions. In this regard all aspects of the Sheriffs Office job descriptions, pay scale, policies, etc. are being revised to line up with the Police Department. In accordance, the Sheriff seeks to also align the mandatory retirement age. • Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve Ordinance. Recommended Action: Approval Submitting Dep- , ' ent/Agency: Sheriffs Office V City Manager: gip al 1 AN ORDINANCE TO AMEND SECTION 2-81 2 OF THE CITY CODE PERTAINING 3 MANDATORY RETIREMENT AGE 4 5 SECTION AMENDED: § 2-81 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-81 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 Sec. 2-81. Mandatory retirement age. 13 Unless otherwise provided by state or federal statute, no firefighter or law 14 enforcement officer, as defined by the Federal Age Discrimination in Employment 15 Amendments of 1986, cept for including sworn members of the Sheriffs Office, shall 16 be employed after the end of the month in which he or she attains age sixty-five (65). No 17 sSworn members of the Sheriffs Office who are age sixty-three (63) or older shall have 18 three years from the effective date of this ordinance or until shall be employed after the 19 end of the month in which he or she attains the age of seventy (70), whichever comes 20 first, to retire. 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: 1 Sheriffs O ce City attorney's Office CA 14'191 R-2 July 3, 2019 S [ ,...",,,,,,, `t i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Extension with McDonald's Corporation for up to 5 Years for City-Owned Property Located at 300 21st Street and 305 20th Street MEETING DATE: August 6, 2019 • Background: McDonald's Corporation ("McDonald's") has held a ground lease of the 25,140 sq. ft. property located at 300 21st Street and the 7,000 sq. ft. adjacent lot located at 305 20th Street (the "Premises") since 1974 and 1976, respectively. The City of Virginia Beach acquired the Premises from two separate owners in 2008, subject to existing ground leases with McDonald's. The existing ground leases were combined into one lease and extended as authorized by ORD-3427P on September 1, 2015 (the "Lease"). The Lease expires in 2019, and McDonald's would like to extend the term for up to 5 additional years (the "Lease Extension"). The City receives rental income of approximately $68,508 per year for the Lease, which will escalate each year of the Lease Extension. • Considerations: The initial term of the Lease Extension is one (1) year, with four one-year renewal options with six month's advance written notice. The McDonald's building will remain the property of McDonald's. At the end of the Lease Extension (if not further extended by Council), McDonald's has the option of removing the building, or allowing it to remain, at which time it will become City property. For more specific terms, see the attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve the Lease Extension as presented, change conditions of the Lease Extension or allow the Lease to expire. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Depa en gency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE EXTENSION 3 WITH MCDONALD'S CORPORATION FOR UP TO 5 4 YEARS FOR CITY-OWNED PROPERTY LOCATED 5 AT 300 21ST STREET AND 305 20TH STREET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of land located at 8 300 21st Street (GPIN: 2427-18-1343) and the adjacent lot at 305 20th Street (GPIN: 9 2427-18-1128) in Virginia Beach, Virginia (the "Premises"); 10 11 WHEREAS, McDonald's Corporation, a Delaware corporation ("McDonald's") is 12 the current lessee of the Premises, and would like to extend its lease and continue to 13 use the Premises for the sale and consumption of food, non-alcoholic beverages and 14 related items, and for no other purpose; 15 16 WHEREAS, McDonald's has agreed to pay the City an initial rental rate of 17 $5,709.50 per month, with annual escalations as described in the Summary of Terms 18 attached hereto as Exhibit A, attached hereto and made a part hereof. 19 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents necessary 24 to extend the current lease between McDonald's and the City for up to five (5) years for 25 the Premises located at 300 21st Street and 305 20th Street, in accordance with the 26 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 27 other terms, conditions or modifications as may be acceptable to the City Manager and 28 in a form deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney yJ� Public Works/Facilities Management APP-OVED AS TO CONTENT :{•omic Development CA 14662 R-1 July 25, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR CITY-OWNED LAND LOCATED AT 300 21ST STREET AND 305 20TH STREET LESSOR: City of Virginia Beach LESSEE: McDonald's Corporation PREMISES: 300 21st St., approximately 25,140 sq. ft. (GPIN 2427-18-1343) (Land Only; Building is property of McDonald's) 305 20th St., approximately 7,000 sq. ft. (GPIN: 2427-18-1128) (Vacant Lot; Used for McDonald's parking) INITIAL TERM: October 19, 2019 to October 18, 2020 OPTIONS TO EXTEND: Four (4) one-year extensions by mutual agreement of the parties INITIAL TERM RENT: $5,709.50/month OPTION TERM RENT: 3% escalation each year CURRENT RIGHTS AND RESPONSIBILITIES OF LESSEE: • Premises will be utilized for the sale and consumption of food, non- alcoholic beverages and related items, and for no other purpose. • Keep and maintain the Premises, at its sole expense, in good condition and repair. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. CURRENT RIGHTS AND RESPONSIBILITIES OF CITY: • The City will have no ongoing responsibilities for the Premises during the Initial Term or Option Term. TERMINATION: • The Option Term is not automatic and requires six (6) months' advance written notice of intent to exercise the Option Term. • The City can terminate for breach of lease terms only. LOCATION MAP McDonald's—Ground Lease 300 21sT Street and 305 20th Street r `) tV 4 . 3i5 414 ' , i 1�.. �" .�• �15- .5 '• 315-212 ` ' 300 21st Street (GPIN 2427-18-1343) . f, . )15-2';` 0 sq.ft. ;5`2t.n"' ,pg 5'1 ,i ..4..-.,i*'"_', e, i, 2 4 _ , . _ , Asis., _ t _ 2 1 . .......-,- , ..vili, ,,:111.4**. #::"*.41" 3ii- '. 1.X"'*.' 1 V 1 a ` ' _ f ,..... .,,,... _ - I( • w�. i A fig_. 1 305 20th Street (GPIN 2427 18 1128) ll1 t. ilk,� ..I. .-1 ,, 7,000 sq.ft. }-' m is = ' � - ..- lloorr ffi Nw — ''',- . ' 2v 11: ._ ...„„„0.0**4:, . __,..._____,..-,.----- IL_ „;,,,, \I " _. `�� 1• Virginia Beach APPLICANT'S NAME McDonald's 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 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 I All disclosures must be updated two(2)weeks prior to any Page 1 of S Planning Commission and City Council meeting that pertains to the applicationts). ▪ APPLICANT NOTIFIED OF HEARING DATE. 13 NO CHANGES AS OF DATE. • 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. McDonald's Corporation (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) Please see attached for list of our exeutive officers taken from our most recent 10-K filing as well as a bio of our directors taken from our most recent Proxy statement (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached for list of Subsidiaries as reported in our most recent 10-K filing 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. M Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. City of Virginia Beach (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 41r 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 § 2.2-31 01. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ® Construction Contractors ❑ ® Engineers /Surveyors/ Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 • 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. M d s Corporation By� Bryan K. Maguire,Senior Counsel 7/18/19 APPLICANT'S SIGNATU PRINT NAME t DATE N/A PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Executive Officers of the Registrant The following are the Executive Officers of our Company(as of the date of this filing): Ian Borden, 50, is President-International Developmental Licensed Markets, a position he has held since January 1,2019. Prior to that, Mr. Borden served as President-Foundational Markets, from July 2015 through December 2018. From January 2014 through June 2015, Mr. Borden served as Vice President and Chief Financial Officer-McDonald's Asia/Pacific, Middle East and Africa. Prior to that time, Mr. Borden served as Regional Vice President of Europe's East Division from April 2011 to December 2013 and as Managing Director- McDonald's Ukraine from December 2007 to December 2013. He has served the Company for 24 years. Francesca A. DeBiase, 53, is Corporate Executive Vice President-Worldwide Supply Chain Sustainability, a position she has held since April 1, 2018. Prior to that, Ms. DeBiase served as Corporate Senior Vice President-Worldwide Supply Chain and Sustainability, from March 2015 through March 2018. From August 2007 through February 2015, Ms. DeBiase served as Corporate Vice President-Worldwide Strategic Sourcing. Prior to that, Ms. DeBiase served as Europe Vice President-Supply Chain,from January 2006 through July 2007. Ms. DeBiase has served the Company for 27 years. Stephen Easterbrook, 51, is President and Chief Executive Officer, a position he has held since March 2015. Mr. Easterbrook was also elected a Director of the Company effective March 2015. From May 2014 through February 2015, Mr. Easterbrook served as Corporate Senior Executive Vice President and Global Chief Brand Officer. From June 2013 through April 2014, Mr. Easterbrook served as Corporate Executive Vice President and Global Chief Brand Officer. From September 2012 through May 2013, Mr. Easterbrook served as the Chief Executive Officer of Wagamama Limited,a pan-Asian restaurant chain, and from September 2011 to September 2012, he served as the Chief Executive Officer of PizzaExpress Limited, an Italian restaurant brand. From December 2010 to September 2011, he held the position of President, McDonald's Europe. Prior to that, Mr. Easterbrook served in a number of roles with the Company. Mr. Easterbrook has served the Company for 25 years. Joseph Erlinger,45, is President-International Operated Markets, a position he has held since January 1, 2019. Prior to that, Mr. Erlinger served as President-High Growth Markets, from September 2016 through December 2018. From March 2015 to January 2017, Mr. Erlinger served as Vice President and Chief Financial Officer-High Growth Markets(serving in dual roles from September 2016 through January 2017), as Managing Director of McDonald's Korea from April 2013 to January 2016(serving in dual roles from March 2015 through January 2016), and US Vice President-GM for the Indianapolis region from December 2010 to March 2013. He has served the Company for 17 years. David Fairhurst, 50, is Corporate Executive Vice President&Chief People Officer, a position he has held since October 2015. Mr. Fairhurst served as Corporate Senior Vice President, International Human Resources and Strategy from April 2015 to September 2015. Prior to that time, he served as Europe Vice President-Chief People Officer from January 2011 to March 2015. Mr. Fairhurst has served the Company for 13 years. Robert Gibbs,47, is Corporate Executive Vice President and Global Chief Communications Officer, a position he has held since June 2015. Mr. Gibbs joined the Company from The Incite Agency, a strategic communications advisory firm that he co-founded in 2013. Prior to that, Mr. Gibbs held several senior advisory roles in the White House, serving as the White House Press Secretary beginning in 2009,then as Senior Advisor in the 2012 re-election campaign. Mr. Gibbs has been with the Company for 4 years. Daniel Henry,48, is Corporate Executive Vice President-Chief Information Officer, a position he has held since May 1, 2018. From October 2017 through April 2018, Mr. Henry served as Corporate Vice President-Chief Information Officer. Prior to that, Mr. Henry served as Vice President of Customer Technology and Enterprise Architecture at American Airlines from April 2012 to October 2017. Catherine Hoovel,47, is Corporate Vice President-Chief Accounting Officer,a position she has held since October 2016. Ms. Hoovel served as Controller for the McDonald's restaurants owned and operated by McDonald's USA from April 2014 to September 2016. Prior to that time, Ms. Hoovel served as a Senior Director of Finance from February 2012 to April 2014 and was a Divisional Director from August 2010 to February 2012. Ms. Hoovel has served the Company for 23 years. Christopher Kempczinski, 50, is President, McDonald's USA, a position he has held since January 2017. Prior to that, Mr. Kempczinski served as Corporate Executive Vice President-Strategy, Business Development and Innovation, from October 2015 through December 2016. Mr. Kempczinski joined the Company from Kraft Heinz, a manufacturer and marketer of food and beverage products,where he most recently served as Executive Vice President of Growth Initiatives and President of Kraft International from December 2014 to September 2015. Prior to that, Mr. Kempczinski served as President of Kraft Canada from July 2012 through December 2014 and as Senior Vice President-U.S. Grocery from December 2008 to July 2012. Mr. Kempczinski has been with the Company for 3 years. Jerome Krulewitch, 54, is Corporate Executive Vice President, General Counsel and Secretary, a position he has held since March 2017. From May 2011 until March 2017, Mr. Krulewitch served as Corporate Senior Vice President-Chief Counsel, Global Operations. Prior to that, Mr. Krulewitch was Corporate Senior Vice President-General Counsel,The Americas from September 2010 to April 2011. Mr. Krulewitch has served the Company for 17 years. Silvia Lagnado, 55, is Corporate Executive Vice President, Global Chief Marketing Officer, a position she has held since August 2015. Ms. Lagnado served as Chief Marketing Officer of Bacardi Limited, a spirits company, from September 2010 to October 2012. Prior to that, Ms. Lagnado served more than 20 years in positions of increased responsibility at Unilever. Ms. Lagnado has been with the Company for 3 years. Kevin Ozan, 55, is Corporate Executive Vice President and Chief Financial Officer, a position he has held since March 2015. From February 2008 through February 2015, Mr. Ozan served as Corporate Senior Vice President-Controller. Mr. Ozan has served the Company for 21 years. McDonald's Corporation 2018 Annual Report 11 Election of Directors BIOGRAPHICAL INFORMATION LLOYD DEAN PROFESSIONAL EXPERIENCE CommonSpirit Health,a non-profit Catholic health system 4 • Chief Executive Officer(2019-Present) Dignity Health,one of the nation's largest healthcare systems oo. ■ President and Chief Executive Officer(2000-2019) I Advocate Health Care,a healthcare organization • Chief Operating Officer(1997-2000) Age:68 DIRECTOR QUALIFICATIONS Director since: In his career in executive management at leading healthcare organizations,Mr.Dean has led 2015 significant strategic,operational and financial transformations.He brings over 25 years of leadership, management and strategy experience to our Board,which contributes an important perspective BOARD to our Board's discussion of opportunities and challenges in a constantly changing business COMMITTEES environment.We also benefit from Mr.Dean's finance,systems operations,service quality and Audit&Finance human resources,customer-centric operations and community affairs expertise. Compensation OTHER DIRECTORSHIPS Mr.Dean previously served on the Boards of Cytori Therapeutics,Inc.,Navigant Consulting,Inc., Premier,Inc.and Wells Fargo&Company. SKILLS AND QUALIFICATIONS Brand Management on Customer-Centric (a Finance/Capital M Sustainability/Corporate Markets '7 Responsibility °°° Other Public o0 Ethnic/Gender Diversity ym'r Company Board SBoard or Committee Chair STEPHEN EASTERBROOK PROFESSIONAL EXPERIENCE McDonald's Corporation • President and Chief Executive Officer(2015-Present) • Corporate Senior Executive Vice President and Global Chief Brand Officer(2014-2015) • Corporate Executive Vice President and Global Chief Brand Officer(2013-2014) 1. • President,McDonald's Europe(2010-2011) Wagamama Limited,a Japanese-inspired restaurant company • Chief Executive Officer(2012-2013) Age:51 Pizza Express Limited,a casual dining company in the United Kingdom Director since: • Chief Executive Officer(2011 -2012) 2015 DIRECTOR QUALIFICATIONS Mr.Easterbrook's experience enables him to contribute an important Company perspective and BOARD comprehensive industry knowledge to Board discussions about the Company's business and COMMITTEES relationships with key constituencies and stakeholders in the McDonald's system,including franchisees Executive and suppliers.This experience adds to our Board's knowledge and understanding as it oversees our (Chair since 2015) global operations and strategy.Mr.Easterbrook also led two United Kingdom-based restaurant chains, giving him broader industry perspective and a deeper understanding of consumer preferences. OTHER DIRECTORSHIPS Mr.Easterbrook also serves on the Board of Walmart Inc. SKILLS AND QUALIFICATIONS nBrand Management Pun- Customer-Centric Global Experience D Marketing/Digital Real Estate Finance/Capital Sustainability/ !Ogg Other Public prop Board or $ ' Markets Corporate Responsibility'r T Company Board �tJ Committee Chair 2019 Proxy Statement PA 1 15 Election of Directors ROBERT ECKERT PROFESSIONAL EXPERIENCE Friedman,Fleischer&Lowe,LLC,a private equity firm \ • Operating Partner(2014-Present) Mattel,Inc.,a global children's entertainment company specializing in toys and consumer products t • Chairman of the Board(2000-2012);Chief Executive Officer(2000-201 1) Kraft Foods Inc.,a packaged food company • President and Chief Executive Officer(1997-2000) Age:64 DIRECTOR QUALIFICATIONS Mr.Eckert's service as a chief executive officer of large,global consumer branded and food products Director since: companies contributes to our Board's understanding of business and product development, 2003 marketing,supply chain management and distribution,and consumer behavior.He brings experience as a senior executive of global consumer brand companies with high performance expectations.In BOARD addition,through his role on other companies'boards of directors,Mr.Eckert has extensive experience COMMITTEES in corporate governance,leadership development and succession planning and finance. Public Policy& Strategy(Chair OTHER DIRECTORSHIPS since 2016) Mr.Eckert also serves as the lead independent director of Amgen Inc.and on the Board of Levi Strauss&Co. Governance SKILLS AND QUALIFICATIONS Executive n Brand Management p1 Customer-Centric Global Experience IDMMarketing/Digital Finance/Capital Other Public 000� $ Markets 'r-1 Company Board y f Board or Committee Chair mil` MARGARET GEORGIADIS : PROFESSIONAL EXPERIENCE "= Ancestry,a global family history and consumer genomics company • Chief Executive Officer(2018-present) Mattel,Inc.,a global children's entertainment company specializing in toys and consumer products z • Chief Executive Officer(2017-2018) Google Inc.,a global technology company ; -, iv • President,Americas(2011 -2017) • Vice President,Global Sales Operations(2009-2011) Age:55 DIRECTOR QUALIFICATIONS Director since: Ms.Georgiadis'experience as a senior executive at large global businesses affords her a broad 2015 knowledge of global consumer businesses and marketing,as well as technology,digital consumer BOARD insights,e-commerce,finance,leadership,global business,and strategy and development.She COMMITTEES has led teams that successfully have launched new products.Her knowledge in these and other areas provides critical insights to our business,particularly as our Board considers the impact of Audit&Finance technology,digital and cybersecurity risks.Ms.Georgiadis also has over 15 years of analytical and Sustainability& strategic experience at McKinsey&Company,a global management and consulting firm. Corporate OTHER DIRECTORSHIPS Responsibility Ms.Georgiadis previously served on the Boards of Amyris,Inc.,Mattel,Inc.and The Jones Group,Inc. SKILLS AND QUALIFICATIONS •••• M�' Marketing/ Information nBrand Management p7 Customer-Centric \� Global Experience Q Digital r Technology/ g Cybersecurity Sustainability/ Finance/Capital Ethnic/Gender ,o Other Public o0o Board or Committee Markets M Corporate c�I( I�? Responsibility 6 Diversity Company Board Wit Chair 16 m. McDonald's Corporation Election of Directors i ENRIQUE HERNANDEZ, JR. PROFESSIONAL EXPERIENCE , d Inter-Con Security Systems,Inc.,a provider of security services to corporations,governments, diplomatic missions and non-profit organizations - '- . • Chairman and Chief Executive Officer(1986 Present) 411 Nordstrom,Inc.,a leading fashion retailer • Non executive Chairman and Presiding Director(2006 2016) DIRECTOR QUALIFICATIONS Mr.Hernandez is the chief executive officer of a global security company and has been a director of Independent several large public companies in various industries.In addition,Mr.Hernandez served for five years Chairman as lead director and ten years as non-executive chairman and presiding director at Nordstrom,Inc.,a (since 2016) large publicly-traded retail company known for its customer service,providing him with significant experience in corporate governance,leadership development,succession planning and finance. Age:63 Mr.Hernandez's experience also facilitates our Board's oversight and counsel regarding strategy and Director since: business development. 1996 OTHER DIRECTORSHIPS Mr.Hernandez also serves on the Board of Chevron Corporation.He previously served on the BOARD Boards of Nordstrom,Inc.and Wells Fargo&Company. COMMITTEES Governance SKILLS AND QUALIFICATIONS .1.1 �j Finance/Capital Brand Management p Customer-Centric Global Experience Public Policy& $ Markets Strategy t ° Other Public 00 1 c Ethnic/Gender Diversity t Company Board ? Board or Committee Chair Executive i} RICHARD LENNY PROFESSIONAL EXPERIENCE Conagra Brands,Inc.,a branded food company Ai a • Non-executive Chairman(2018-Present) Information Resources,Inc.,a leading market research firm • Non-executive Chairman(2013-Present) Friedman,Fleischer&Lowe,LLC,a private equity firm • Senior Advisor(2014-2016) • Operating Partner(2011 -2014) Age:67 The Hershey Company,an industry-leading snacks company • Chairman,President and Chief Executive Officer(2001 -2007) Director since: 2005 DIRECTOR QUALIFICATIONS Mr.Lenny's experience as a chief executive officer of a global retail food company with a major consumer BOARD brand is an asset to our Board given his knowledge of strategy and business development,finance, COMMITTEES marketing and consumer insights,supply chain management and distribution,sustainability and social responsibility matters.He previously served in executive-level positions with Kraft Foods,Nabisco Biscuit Compensation and Snacks and the Pillsbury Company,providing him extensive experience with major consumer 5ustainabiliry& brands in the food industry.He also serves as non-executive chairman of one of North America's leading Corporate food companies and as director of Evans Food Group,a privately-held snack food manufacturer,which provides Mr.Lenny with further industry knowledge.In addition,his service as non-executive chairman Responsibility of Information Resources,Inc.provides additional Board and governance experience. OTHER DIRECTORSHIPS Mr.Lenny also serves on the Boards of ConAgra Brands,Inc.and Illinois Tool Works Inc. He previously served on the Board of Discover Financial Services. SKILLS AND QUALIFICATIONS n Brand Management on Customer-Centric M Global �Q Marketing/Digital mil_, Experience l� Finance/Capital Sustainability/ RA Other Public o00 $ Board or Committee Chair Markets -y Corporate Responsibility 'J' Company Board 2019 Proxy Statement 1 1 1 17 Election of Directors JOHN MULLIGAN PROFESSIONAL EXPERIENCE Target Corporation,a general merchandise retailer with an online presence • Executive Vice President and Chief Operating Officer(2015-Present) • Executive Vice President and Chief Financial Officer(2012-2015) • Senior Vice President,Treasury,Accounting and Operations(2010-2012) DIRECTOR QUALIFICATIONS Mr.Mulligan's experience as a senior executive for a major consumer retailer has provided him with extensive experience in finance,global supply chain,operations,e-commerce,properties and human Age:53 resources.His service at a retailer known for its focus on creating an exceptional guest experience Director since: brings customer-centric experience to our Board.In addition,his experience in digital and technology 2015 issues,including cybersecurity risk,is an important asset as our Board considers these topics and their potential impact on the Company.In addition,Mr.Mulligan's qualification as an"audit committee BOARD financial expert"is an important attribute as our Audit&Finance Committee Chair. COMMITTEES Audit&Finance OTHER DIRECTORSHIPS (Chair since 2016) None Public Policy& SKILLS AND QUALIFICATIONS Strategy Brand Management rti Customer-Centric Global Experience �Q Marketing/Digital Executive Information ��^r Finance/Capital �o(0�0 n Technology/ 161� Real Estate (S Markets Lllt� Board or Committee Chair Cybersecurity r�li4 aaaauuuunnnn�&&& SHEILA PENROSE PROFESSIONAL EXPERIENCE Jones Lang LaSalle Incorporated,a global real estate services and investment management firm ` • Non-executive Chairman(2005-Present) Boston Consulting Group,a global management consulting firm • Executive Advisor(2001 -2008) Northern Trust Corporation,a financial services firm • • President,Corporate and Institutional Services(1994-2000) Age:73 DIRECTOR QUALIFICATIONS Director since: Ms.Penrose brings to our Board extensive experience in and knowledge of investment services, 2006 banking,and real estate,all areas of significance to the Company.She is well-versed in strategy and business development,finance,and leadership development and succession planning.Ms.Penrose BOARD also has significant experience in corporate governance from her service on other boards of COMMITTEES directors,including as non-executive chairman at Jones Lang LaSalle.In addition,Ms.Penrose Sustainability& co-founded the Corporate Leadership Center,which partners with leading institutions to offer Corporate programs in executive leadership development. Responsibility (Chair since 2016) OTHER DIRECTORSHIPS Ms.Penrose also serves on the Board of Jones Lang LaSalle Incorporated. Audit&Finance SKILLS AND QUALIFICATIONS •••• /�� Finance/Capital Brand Management Customer-Centric Mai Global Experience Real Estate g u,l `kJ p k' ' Markets Sustainability/ Corporate 17.* Ethnic/Gender As Other Public ,000 Board or Responsibility Diversity 1' Company Board aid fl Committee Chair 18 1 1 McDonald's Corporation Election of Directors JOHN ROGERS, JR. PROFESSIONAL EXPERIENCE ifAriel Investments,LLC,a privately-held institutional money management firm • Founder,Chairman,Chief Executive Officer and Chief Investment Officer(1983-Present) Ariel Investment Trust,an investment company consisting of mutual funds managed by Ili ArielInvestments,LLC • Trustee(2000-Present;1986- 1993) DIRECTOR QUALIFICATIONS Age:61 Mr.Rogers'experience as a long-serving chief executive officer of an institutional money management firm has given him broad knowledge of finance,leadership development and Director since: succession planning,as well as strategy and business development.Mr.Rogers'investment 2003 management knowledge also provides a unique perspective on investor relations.Mr.Rogers also brings perspective to the Company's corporate responsibility and community affairs initiatives, BOARD and his service on other boards such as Nike,Inc.and The New York Times Company adds global, COMMITTEES customer-centric and brand management experience. Compensation OTHER DIRECTORSHIPS Mr.Rogers also serves on the Boards of Ariel Investment Trust,Nike,Inc.and The NewYorkTimes Company. Governance He will retire from the Board of Exelon Corporation at its 2019 Annual Meeting of Shareholders. SKILLS AND QUALIFICATIONS flBrand Management p1 Customer-Centric Global Experience ($ Markets Finance/Capital Sustainability/ ,L prI Other Public .0. Corporate Responsibility l Ethnic/Gender Diversity 1—t Company Board Board or Committee Chair _ PAUL WALSH PROFESSIONAL EXPERIENCE -¢ Compass Group PLC,a leading foodservice and support services company • Chairman(2014-Present) - Avanti Communications Group plc,a leading satellite operator providing internet and data services • Chairman(2013-2019) Diageo plc,a multinational beverage company 1 • Chief Executive Officer(2000-2013) • Chief Operating Officer(2000) Age:63 The Pillsbury Company,a wholly-owned subsidiary of Diageo plc Director since: • Chairman and President(1996-1999) 2019 DIRECTOR QUALIFICATIONS BOARD Mr.Walsh's experience as chief executive officer of a large multinational corporation provides substantial corporate leadership experience,knowledge of consumer-centric companies in the food COMMITTEES service industry and international operations experience.He also has held executive-level finance Compensation positions,including as chief financial officer of Grand Metropolitan Foods and Intercontinental Hotels.Throughout his career,Mr.Walsh has built success and growth at his companies through the Sustainability deployment of effective brand marketing strategies,which brings added perspective to our Board. &Corporate Responsibility OTHER DIRECTORSHIPS Mr.Walsh also serves on the Boards of FedEx Corporation,Compass Group PLC,RM2 International,S.A.and TPG Pace Holdings Corp.He is expected to retire from the Board of Avanti Communications Group plc in June 2019.He previously served on the Boards of HSBC Holdings plc,Ontex Group NV and Unilever PLC. SKILLS AND QUALIFICATIONS nBrand Management pi Customer-Centric M Global Experience Q Marketing/Digital _la Finance/Capital (Op?, Other Public 0000 k ($� Markets Company Board Board or Committee Chair 2019 Proxy Statement i A 19 Election of Directors MILES WHITE PROFESSIONAL EXPERIENCE Abbott Laboratories,a global healthcare company T. \ • Chairman and Chief Executive Officer(1999-Present) DIRECTOR QUALIFICATIONS As the long-standing chairman and chief executive officer of a global healthcare company that develops products and technologies that span the breadth of healthcare,Mr.White has extensive knowledge of strategy and business development,global operations,finance,leadership Age:64 development and succession planning,public policy matters and corporate governance.Abbott's focus on developing consumer products and technologies brings customer-centric and marketing/ Director since: digital knowledge to our Board.In addition,he brings to our Board strong experience in addressing 2009 the needs of a global public company,as well as insights into our Board's responsibility to oversee management and operations matters.As Governance Committee Chair,Mr.White leads our Board's BOARD succession planning and director candidate selection process,and he is periodically involved in COMMITTEES shareholder engagement. Governance (Chair since 2014) OTHER DIRECTORSHIPS Mr.White also serves on the Boards of Abbott Laboratories and Caterpillar,Inc. Public Policy& Strategy SKILLS AND QUALIFICATIONS n Brand Management EN Customer-Centric Global Experience Executive IDMarketing/Digital Finance/Capital Other Public g0O Markets 1—f Company Board Board or Committee Chair t VOTING RECOMMENDATION Our Board of Directors recommends that shareholders vote FOR all nominees. 20 m. McDonald's Corporation Exhibit 21. Subsidiaries of the Registrant Name of Subsidiary[State or Country of Incorporation] Domestic Subsidiaries McD Europe Franchising LLC[Delaware] McDonald's Deutschland LLC[Delaware] McDonald's Development Italy LLC[Delaware] McDonald's Global Markets LLC[Delaware] McDonald's International Property Company, Ltd. [Delaware] McDonald's Real Estate Company[Delaware] McDonald's Restaurant Operations Inc. [Delaware] McDonald's USA, LLC[Delaware] McD Asia Pacific, LLC[Delaware] Foreign Subsidiaries 3072447 Nova Scotia Company[Canada] Asia Pacific McD Franchising[United Kingdom] Limited Liability Company"NRO"[Russia] Moscow-McDonalds[Russia] McDonald's Limited Liability Company[Russia] McD APMEA Singapore Investments Pte. Ltd. [Singapore] MCD Europe Limited[United Kingdom] MCD Global Franchising Limited[United Kingdom] McDonald's Australia Limited[Australia] McDonald's France S.A.S. [France] McDonald's Franchise GmbH[Austria] McDonald's GmbH[Germany] McDonald's Immobilien Gesellschaft mit beschrankter Haftung[Germany] McDonald's Nederland B.V. [Netherlands] McDonald's Polska Sp.z o.o[Poland] McDonald's Real Estate LLP[United Kingdom] McDonald's Restaurants Limited[United Kingdom] McDonald's Restaurants of Canada Limited[Canada] McDonald's Suisse Development Sari[Switzerland] McDonald's Suisse Franchise Sari[Switzerland] McDonald's Suisse Restaurants Sari[Switzerland] Restaurantes McDonald's, S.A.U. [Spain] The names of certain subsidiaries have been omitted because they do not constitute significant subsidiaries.These include,but are not limited to:McDonald's Latin America,LLC[Delaware]and other domestic and foreign,direct and indirect subsidiaries of the registrant,including 49 wholly-owned subsidiaries of McDonald's USA,LLC,many of which operate one or more McDonald's restaurants within the United States and the District of Columbia. [ ] Brackets indicate state or country of incorporation and do not form part of corporate name. PC't~M CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Agreement Between the City of Virginia Beach and Virginia Beach Golf Management, Inc. MEETING DATE: August 6, 2019 • Background: On January 25, 2011 , by Ordinance ORD-3160F, City Council authorized the lease agreement between the City of Virginia Beach (the "City") and Virginia Beach Golf Management, Inc. ("VBGM") for three of the City's golf courses, known as Bow Creek Municipal Golf Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake Municipal Golf Course (collectively, the "Golf Courses"). The City and VBGM entered into a lease agreement dated February 1, 2011 for the Golf Courses (the "Lease"). The term of the Lease is ten years, with two 5-year renewal options. The initial term of the Lease expires on January 31, 2021, with an option to extend for two additional 5-year terms, upon written notice to the City no later than 180 days prior to expiration of the initial term. VBGM has notified the City that it desires to exercise the first 5-year renewal option. This early renewal will allow VBGM to invest in additional equipment for the Golf Courses. City staff reports that VBGM has met all of its obligations and responsibilities set forth in the Lease and supports early exercise of the 5-year option. The City is conducting the Princess Anne Plaza Drainage Area Project, CIP 7- 050 (the "Project") to alleviate widespread area flooding. The Project will significantly impact the access, operation and use of the Bow Creek Golf Course ("Bow Creek"). The City and VBGM have negotiated an amendment to the terms of the Lease to address the adverse effect the Project will have on Bow Creek. Furthermore, the City desires to amend the terms related to the termination of the Lease for Bow Creek in the event that property is needed in whole or in part for future stormwater, drainage and/or other public purposes. • Considerations: City staff recommends granting the first 5-year lease renewal option for the Golf Courses. All terms, conditions and obligations of the Lease during the renewal term shall remain the same, with the exception of the modifications related to Bow Creek. It is recommended that VBGM's monthly lease payment to the City for Bow Creek be reduced during construction of the • Project. If is further recommended that the termination clause related to Bow Creek be modified to allow the City to terminate the Lease as to Bow Creek at any time if Bow Creek is needed for public purposes. An amended summary of terms is attached to the Ordinance as Exhibit A. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Deny approval of the Ordinance, or modify the Ordinance as desired by Council. • Attachments: Ordinance, Amended Summary of Terms, Location Maps, Disclosure Statement Form Recommended Action: Approval Submitting Dep. :n • • -ncy: Dept. of Parks and Recreation City Manager: • 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT 3 TO THE LEASE AGREEMENT BETWEEN THE 4 CITY OF VIRGINIA BEACH AND VIRGINIA 5 BEACH GOLF MANAGEMENT, INC. 6 7 WHEREAS, the City of Virginia Beach (the "City") and Virginia Beach Golf 8 Management, Inc. ("VBGM") entered into a lease agreement dated February 1, 2011 9 (the "Lease"), for three City-owned golf courses known as Bow Creek Municipal Golf 10 Course, Kempsville Greens Municipal Golf Course, and Red Wing Lake Municipal Golf 11 Court (collectively, the "Golf Courses"); 12 13 WHEREAS, the term of the Lease is ten years (expiring on January 31 , 2021), 14 with the option to renew for two addition five-year terms; 15 16 WHEREAS, VBGM has notified the City that it desires to exercise the first 17 renewal option and City staff recommends consenting to the early exercise of the first 5- 18 year renewal of the Lease for five years; 19 20 WHEREAS, all terms, conditions and obligations of the parties set for the Lease 21 would remain the same during the first renewal term, with the exception of the rent 22 amount and termination clause related to the Bow Creek Golf Course ("Bow Creek"), 23 described below; 24 25 WHEREAS, the City is constructing the Princess Anne Plaza Drainage Area 26 Project, CIP 7-050 (the "Project") to alleviate widespread area flooding; 27 28 WHEREAS, during construction of the Project, access, use and operation of Bow 29 Creek will be adversely impacted; 30 31 WHEREAS, the City and VBGM have negotiated a reduction in the rent amount 32 for Bow Creek only during construction of the Project, and have agreed to amend the 33 termination clause in the event Bow Creek is needed for drainage, stormwater or other 34 public purpose; and 35 36 WHEREAS, City Council has determined that consenting to the first renewal 37 option for all three Golf Courses and amending the terms related to Bow Creek (only) is 38 reasonable. 39 40 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 1 . That the City Manager is hereby authorized to execute an amendment to 44 the Lease between the City and VBGM, in accordance with the Amended Summary of 45 Terms, attached hereto as Exhibit A and made a part hereof, and such other terms, 46 conditions or modifications as may be acceptable to the City Manager and in a form 47 deemed satisfactory by the City Attorney. 48 2. Except as modified in the Amended Summary of Terms, all terms, 49 conditions and obligations of the parties set forth in the Lease shall remain in full force 50 and effect. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 53 , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM tratiAvuly) 16u-doL___- City Attorney De . Parks & Recreation APPROVED AS TO CONTENT: / e cs Public Works/Facilifres-Man ement CA14434 o vbgov.com\dfsl\applications\cityla v\cycom32\wpdocs\d004\p029\00538054.doc R-1 July 26, 2019 EXHIBIT A AMENDED SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Golf Management, Inc., a Virginia corporation PROPERTY: Three City-owned golf courses: Red Wing Lake Municipal Golf Course ("Red Wing"), Kempsville Greens Municipal Golf Course ("Kempsville") and Bow Creek Municipal Golf Course ("Bow Creek"). INITIAL TERM: Ten years (2/1/11 — 1/31/21), with two 5-year renewal options FIRST RENEWAL TERM: Five years (2/1/21 — 1/31/26) LEASE PAYMENTS: For all three golf courses: Annually, the greater of $150,000 or 10% of the gross revenues, except as specified below: Bow Creek (only): During construction of the City's "Princess Anne Plaza Drainage Area Project / CIP 7-050" that impacts operations at Bow Creek, rent from Bow Creek will be reduced from 10% of the gross revenue to 5% of the gross revenue AMENDED TERMINATION RIGHTS: Bow Creek (only): During the remainder of the initial term and any subsequent renewal terms, the City shall have the right to terminate the lease agreement as to Bow Creek if any portion of Bow Creek is needed for a public purpose. If the lease is terminated for this reason, the minimum total from Section 3 of the original agreement shall be reduced from $150,000 to $100,000 per year. The termination clause as set forth in the Lease Agreement dated 2/1/11 shall remain unchanged for Red Wing and Kempsville. 141 . e. - _ o . r w,a ....44P0- 'in (2 i W 4r ,� J \j• F - V •6?-DD -'b a j t 'aSt,. � ` r Nl N11 t {TH JY L.a'cc ~ or d0 66fl ££t N7 N y?�t 0a 1 ; ,. ''' ton Z65t,_cop 1 r o C F 7 1 fir' (� ��" r = 1.1 rl ' o f,0# CI sib m � ' - it 1; J + a eel aa1 z��1u1 • St r, a J l a a� 0w pB 'r w F a ` I i :' — ( ) ., • 4. `°� �3 o it i . ; et °'ir-- - c� o o t o "AVb I I 1BB 'F{ :c, -' ,t 4 av ``'f, _s o "�' 0. PS - w, ! „ - wcr 7...,:rvals.:"A:7' eLs 3Ab❑ -ida►.1 P �,a 4 �r 1 a 'I 665 9ES 1S IIN t/u `X '' 0 i o Yi / _.. Il i�� r- U. � tri �: • 1yryl Cr al. '1r a �5� � 1._ ..,n (, � 8' 1 �' T+sti._ ._z f r 1 '!-fs•Tl 1 4k 4-1- ' 41 t I i i.• ,, 1 1',-ii,!$ CC V •�.] u_ �' I -.. O `1- _ -_`•, , • f\....'. _ C r ' • C •i ,`. LLI Y _ 1 % III\ •t i •', a) • I. r i T -• — _ . Z 1 T a () •r'i I •f V�Ci .—•. — r W •4,• • tr § 4 % • 1 ek SC_ 6 -632 + 1 1 + •. fry • v. ,t..., r_______, ._ 0 sit u0t 'otiAi --•- --. ..4414 .{? 5 jef . .....•• / fi • • ,t, iir 's77,--.,_, c ��t �8 ! r i $4,, `�—„ / . • gj,tz_. ,_ ;.i. •' �', 1,70 5i:•p * ;44,1 k ipi�; y ?7 5*� IFS •'a g1sR,,4 _5" .. : 5e. *g Th 4ekcxyl I t• Mkttt 1 1, 5 r,, pit 1 q,ii .,r.yLI� • p., iqV ,ii 4:„., 1dCiri�... i�" "'{ 9t' tr eti.. t c aE 1;k11 ,}' Cill + 3,iy; p 'a;''. .� y 3� i l',i-. : ~ it i r t f_ ::'*'.,,tR, t,1 .k ii. r 1p .;^ rill ,j�Z�1'�i .-.. '• ,r.,.,,,pw+:rN Sy:a•t rru.wp,,, li:�? 3 _ APPLICANT'S NAME_virginia Beach Golf Managementi "Inc . DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use 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 5 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: ❑ REVISIONS SUBMITTED DATE: t i 1 •. 1 .,1 "• ;,+ 4• �'{ �� ..,�, �1 �.N h�AG-A'a . • Vl.t�. • 4.ti-"f€ iiifYiitt I' ' STT �m n a: t .:• J! 1` ' „ f 1.r"t-T.+W + a 1� �:' p jF •i is f,,i Sd#� -i.. •:' ��t_ .�Yc a � s7't'le� , rargirtinta ❑ Check here if the APPLICANT IS NOT a corporation, partnership;-'firm, business, or other unincorporated organization. g Check here if the APPLICANT !S a corporation, partnership, firm, business, or other unincorporated organization. � / (A) List the Applicant's name:_Y IRa11� 1��S(1iV14lt4? fr1efT4-1-1—t4 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) ICJ^pr.c. 7e,i4Tre._5_5.5 40(.4 r E A is4 Dkc t4.) MEN (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationshipIY�with the Applicant: (Attach list if necessary) GOP KIAineYl en"i C— See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: ''L( Sic v A If an LLC, list the member's names:_— - --------__— -------------------- ---.__--- Page 2 of 5 • Ry ":_qlt: .gay.f 141. )&:"°.- i�a 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 S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. 1 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 • 11 rE ..'fi:.: a� .., ? y ... . .. �' Virginia Beach . YES NO SERVICE PROVIDER (useaddittoaial sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ at Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ ® the AnDiicant) - 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) ❑ Q Construction Contractors ❑ [� Engineers/ Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 •r�+r:'y�.'.';3 10 • y ��` ?u `� ,,}} '��?- �';r . kA �w=.r .•y{�' a~troo 7,ate • a �3 ' t M414 #4 I ;11 , . l 'i. pas e' 41 , .t 1a Fir;. S ry.r. 4 1i. .r r' isi-..p+•- + • i I ' ..r.st+ '9a'rs.., ��..ia, ..,es , Y It CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lic Con tt �( �--- ,111',&Ac.( -e es5 1-ice 19 A LICANT'S SIGNATU E PRINT NAME DATE ' PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 r��T w 'i,�'' rE �... ty f�f ?r gu s� ,,....,...) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachment into a portion of City property known as Lake Joyce located at the rear of 4404 Powells Point Road MEETING DATE: August 6, 2019 • Background: Dina Kincaid Crewe (the "Applicant") has requested permission to remove the existing timber piles and to construct and maintain an existing bulkhead and new timber pier (the "Encroachment") adjacent to her property located at 4404 Powells Point Road. The Encroachment will extend 18' into City property known as Lake Joyce and a 20'strip of City property around Lake Joyce. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Joyce which is where the Applicant has requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the ordinance. I% Submitting De• . •me i Agency: Public Works/Real Estate:,, City Manager. i. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENT INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE LOCATED 6 AT THE REAR OF 4404 POWELLS POINT ROAD 7 8 WHEREAS, Dina Kincaid Crewe desires to remove the existing timber piles 9 and to construct and maintain an existing bulkhead and a new timber pier within a portion 10 of the City's property known as Lake Joyce and a 20' strip of City property around Lake 11 Joyce, located at the rear of 4404 Powells Point Road; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dina Kincaid Crewe, her heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for an existing bulkhead and a new timber pier into a portion of the City's 24 property known as Lake Joyce and the 20' strip of City property around Lake Joyce as 25 shown on the map entitled: "'Exhibit A' Encroachment Drawing New Timber Pier In Lake 26 Joyce," dated February 26, 2019, a copy of which is attached hereto as Exhibit A, and on 27 file in the Department of Public Works and to which reference is made for a more particular 28 description; 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are 31 expressly subject to those terms, conditions and criteria contained in the Agreement 32 between the City of Virginia Beach and Dina Kincaid Crewe (the "Agreement"), an 33 unexecuted copy of which has been presented to the Council in its agenda, and will be 34 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 35 Beach; 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized 38 designee is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time as Dina Kincaid Crewe and the City Manager or his authorized designee execute 42 the Agreement. 43 44 Adopted by City Council of the City of Virginia Beach, Virginia, on the 45 day of , 2019. i CA 14644 R-1 PREPARED: 5/21/19 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UBLI ORKS, REAL ESTATE ARMEYER, SENIOR CITY ATTORNEY 2 'EXHIBIT A' THE NEW PIER SHALL 12' ENCROACHMENT DRAWING ENCROACH 150 SF OVER b NEW TIMBER PIER IN LAKE JOYCE LAKE JOYCE AND 18 SF 26 FEB 19 OVER THE CITY'S LAND 60 ti FOR to DINA KINCAID CREWE LAKE JOYCE ' 4 4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER GPIN: 14797919770000 / POWELLS POINT LOT 17 OWNER: SECURE DEED ! INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS. EXIST. TIMBER PILES TO BE NEW OHW REMOVED PIER EXIST. \,• BULKHEAD ��@�20 FT STRIP - - - - - -_ -=-�, z ,�==� -A �` ,% CITY PfOPERTY ‘ _ - EXIST. TREEJ BULKHEAD p �— " A-B = 61 .5' Q ^ D , 1•-- 1' A-C = 77.5' u Iu) C 4/ 44 04 00 rn J cip Judy Carson I oC/ 4400 Powells Point Road Richard Adams -1 C 0/ Virginia Beach, VA 23455 4408 Powells Point ( Secure Deed/Instr. Road O \ Number Virginia Beach, VA \ 20170728000634750 23455 .w,``,� POWELLS POINT LOT Secure Deed/Instr. \ wA�`v __ _ 18 GPIN: Number � �```v,�,, L=52.6' 14797939140000 Book 1181 Page ' 469 POWELLScA C\ R=50.0' POINT LOT 16 NO-- vp.1..Tht0- GPIN: 4797909770000 POWELLS 0 2/25/1 Lf�C L��S 06 POINT 9 �196 0 ROAD STEPHEN M. BCE INS 65 be SCALE: 1" - 30'-0" O eed! jONAL G 0 25' 50' This Exhibit is intended for an Encroachment request only. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 3152 day of MA7( , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DINA KINCAID CREWE, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 17," as shown on that certain plat entitled: "POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE DISTRICT PRINCESS ANNE COUNTY, VA." prepared by P.F. Mueller CE, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4404 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove the existing timber piles, construct and maintain a bulkhead and a new timber pier, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (Lake Joyce and 20' Strip of City Property) GPIN: 1479-79-1977 (4404 Powells Point Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the "Encroachment Area"; and 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 of which is 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: "'Exhibit A' Encroachment Drawing New Timber Pier in Lake Joyce," dated February 26, 2019, a copy of which is attached hereto as Exhibit "A" and 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. 2 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 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 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 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 3 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. 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, DINA KINCAID CREWE, the said Grantee, has caused this Agreement to be executed by her signature. 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. 4 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 , 2019, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She 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 , 2019, 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: 5 Byrtt Li diA KINCAID CREWE, Owner STATE OF fir_ CITY/COUNTY OF y to-wit: The foregoing instrument was acknowledged before me this''(5`{' day of til,ay , 2019, by DINA KINCAID CREWE. EAL) Notary Pub Notary Registration Number: 2 :30 ` c • RFC B(i� :m ' M F o Or`�/s 0O4 My Commission Expires: 3/ 3i J�23 ;o XA'� `�oy.. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C It.JL GNATU'L� .:;) NEY D PARTMENT 6 'EXHIBIT A' THE NEW PIER SHALL 12' ENCROACHMENT DRAWING ENCROACH 150 SF OVER o LAKE JOYCE AND 18 SF NEW TIMBER PIER IN LAKE JOYCE OVER THE CITY'S LAND 0 26 FEB 19 1 .r; FOR ►n DINA KINCAID CREWE LAKE JOYCE ' L 4404 POWELLS POINT ROAD 23455 GPIN: 15708024380000 PIER GPIN: 14797919770000 / POWELLS POINT LOT 17 OWNER: SECURE DEED/ INSTR. No. 20180423000325990 CITY OF VIRGINIA BEACH DIMS. EXIST. TIMBER PILES TO BE NEW OHW REMOVED - PIER-- , EXIST. � BULKHEAD . _ _ • IYj • • oN I_ T2O FT STRIP .�REE� A CITYERTY� '� EXIST.' � BULKHEAD z " - 401, �' A-B = 61 .5' C� �0 1-i A-C = 77.5' z z I 1 �v 0 0 0 0 ' B o �'1 C o - 4404 0 m 2' 7 O J , cb Judy Carson eV 4400 Powells Point Road Richard Adams i', f */ Virginia Beach, VA 23455 4408 Powells Point 0 —I Secure Deed/Instr. Road Number Virginia Beach, VA 20170728000634750 23455 POWELLS POINT LOT Secure Deed/Instr. \ OA:C _____ _ 18 GPIN: Number �� G L=52.6' 14797939140000 Book 1181 Page ��'��(( 469 POWELLS .� ..\ ,� � R=50.0' POINT LOT 16 �C OIL 147GP197909770000 �' POWELLS �+� 2/25/1 C �,45 06 POINT 9 2, � 96 0 ROAD 8 STEPHEN M.LEo. 265 INS)* SCALE: 1" - 30'-0" o ', -1. •i i ~ ION L' ' 0 25' 50' This Exhibit is intended for an Encroachment request only. 4404 Powells Point Road '+1: PIORCOR • art ll , Pp11 FR Pp`NE��S _ i LOCATION MAP ENCROACHMENT REQUEST FOR Legend DINA K.CREWE Q 7478.78.1871 GPIN 1479.79.1977 Cky Properties Feet 0 50 100 200 Aea■ea ey P.wlEnq�En9.s oonl semaa Busau D5130R01fl X'CADDWmjepsURC RI2s1AGENDA MAPSN479-79.197711t79-79-1fl71 mx0 :__, .' ' ' ... r ` _ y ' is. i- � _ I. r �� .-,h € w -.s . 1- o ;. r s z c Lc ciw✓ VirginiaBeach APPLICANT'S NAME DINAK. CREWE 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 E ! Disposition of City Modification of by City I Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for ; (EDIP) Boa Isf Zoning I Encroachment Request Rezoning Ap`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. �.r.. SECTION 1 / APPLICANT DISCLOSURE FOIL CITY USE ONLY/ t.pditeci two(2)weeks prior to any Page 1 of 7 Planr._±ftsiCon7imiss;0 i r.::'I City. C c:r.c'i:neetinQ that irc•tains..o lie apt,lication;si. ' Q APPLICANT NOTIFIED OF I„CARING DATE: NO CHANGES AS OC' DATE: J/___ kice _ D REVISIONS MUBMITTED DATE: J 1111 Virginia Beach ® Check here if the APPLICANT„_.IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:______ If an LLC, list all member's names: if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary � 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 iLdifferent from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck 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: DINA K. CREWE If an LLC, list the member's names: Page 2 of 7 I Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 subect of the application or any business operating or to be operated on the Property. If the answer to arty 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 ViAr - APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets iff —-- — needed) U ® i Accounting and/or preparer of your tax return DK Architect/Landscape Architect/ Land Planner fi Contract Purchaser(jf other than Li ® the Applicant)-identify purchaser and purchaser's service.providers L Any other pending or proposed { j f purchaser of the subject property L� I��l (identify purchaser(s) and purchaser's service providers) 1.aJ Construction Contractors Colin Marine Engineers/Surveyors/Agents Calvert Marine Financing (include current t�/ FA mortgage holders and lenders S Q � selected or being considered tosO provide financing for acquisition or construction of the property) D ® - Legal Services Real Estate Brokers / Xl Agents/Realtors for current and anticipated future sales of the sub ect property _._� y.r 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE 'YES NO ( Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: r I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information .i provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 11 Dina K Crewe 2/28/19•.4,�; ett-kt‘&--_ \NT'S SIGNATURE . PRINT NAME ' DATE Page 5 of 7 OWNER ;blink/leach YES NO I _ SERVICE PROVIDER Oise eartdettionai sheets If n El Accountingand/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 Flg purchaser of the subject property (Identify purchaser(s) and purchasers service providers) riConstruction Contractors Colin Marine ElEngineers/Surveyors/Agents Calvert Marine Financing (include current Wet` Ctia) V I Li mortgage holders and lenders f� selected or being considered to provide financing for acquisition (—� + or construction of the property) 1 L J — _ Legal Services - Real Estate Brokers / '' j Agents/Realtors for current and anticipated future sales of the subject ro erty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 151 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 7 111, Virginia Bench 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. , J Dina K. Crewe 2/28/19 PRO OWNER'S GNATURE PRINT NAME DATE Page 7 of 7 ,s,,,„,,,,„ 4 /„.. ,„ „,. „. v.„ ..,_ ii, .......A., �*Yy ,,ti�,J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $9,460 in Regional Reimbursement Revenue to the Office of Emergency Management's FY 2019-20 Operating Budget MEETING DATE: August 6, 2019 • Background: The Office of Emergency Management often receives revenue in the form of reimbursements from other localities for training operations or assistance provided by the Virginia Beach Office of Emergency Management through the Hampton Roads Incident Management Team (HRIMT). The Office of Emergency Management is requesting appropriation of$9,460 in surplus revenue from the following sources: • $8,000 in revenue for disaster training reimbursement from Chesapeake and Norfolk. Training reimbursements are for a 3-day Disaster Cost Recovery Workshop that took place May 6th — 8tn • $3,460 in deployment reimbursement revenue from the Hampton Roads Incident Management Team. Reimbursements cover two deployments; one to Charlottesville in August 2018 for the anniversary of the Charlottesville Riot and one to Situation Unit Leader Training that took place February 10th — 15tn. • Considerations: $2,000 in budgeted revenue is included in the Office of Emergency Management's FY 2019-20 Operating Budget. Of the total $11,460 in reimbursement revenue for training and HRIMT deployments, $9,460 in surplus revenue is available for appropriation. These funds will be used to conduct training exercises in FY 2019-20. More specifically, a THIRA (Threats Hazard Mitigation and Risk Analysis) Workshop and other exercise series to enhance the City's resiliency and emergency response. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Emergency Management ] City Manager: 1 AN ORDINANCE TO APPROPRIATE $9,460 IN REGIONAL 2 REIMBURSEMENT REVENUE TO THE OFFICE OF 3 EMERGENCY MANAGEMENT'S FY 2019-20 OPERATING 4 BUDGET 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $9,460 in reimbursements is hereby appropriated, with revenue increased 10 accordingly, to the FY 2019-20 Operating Budget of the Office of Emergency 11 Management for training exercises to enhance the City's resiliency and emergency 12 response. Requires an affirmative vote by a majority of all of the members of City Council. 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: 2 udget and Management Services City Attorney's Office CA14802 R-1 July 22, 2019 o-N1A 6 7 4 6v4,:::,\..ii.2. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $2,700 in the Fire Department Gift Fund to Purchase Grills for Fire Stations 6, 13, and 21 MEETING DATE: August 6, 2019 • Background: In January 2010, the City Council adopted an ordinance to delegate authority to the City Manager to accept certain gifts on behalf of the City. The City has a Fire Gift Fund to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the department to ensure it is expended for the purpose for which it was donated. There is an adequate balance in the Fire Gift Fund to support the request to purchase grills for Fire Stations 6 (Creeds), 13 (Blackwater), and 21 (General Booth). • Considerations: The total request is $2,700, and this request is consistent with previous authorizations from the Fire Gift Fund. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep- • en - :ency: Fire Department ft City Manager: 116 ,`. = 1 AN ORDINANCE TO APPROPRIATE $2,700 IN THE 2 FIRE DEPARTMENT GIFT FUND TO PURCHASE 3 GRILLS FOR FIRE STATIONS 6, 13, AND 21 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $2,700 is hereby appropriated, with revenue increased accordingly, from the 9 balance of the Fire Gift Fund to the Fire Department's FY 2019-20 Operating Budget for 10 the purchase of grills for Fire Stations 6, 13, and 21. 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: udget an anagement Services 'City-Afto ey's Office CA14806 R-1 July 24, 2019 ';o 4 :si ,,, ..,,:„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $634,540 to the Clerk of the Circuit Court for Technology Related Expenses MEETING DATE: August 6, 2019 • Background: The Code of Virginia (§ 17.1-279) establishes a $5 Technology Trust Fund Fee imposed on instruments recorded in the deed book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement automation plans to modernize land records and update other office automation and information technology equipment. In FY 2019-20, the Clerk's Office has been approved for $634,540 in State revenue from the Technology Trust Fund. This funding will support the Clerk's vendor for annual software maintenance for the Granicus land records system, annual software maintenance for the Supreme Court of Virginia's Case Management System, Case Information System, Financial Accounting System, Judicial Information System, and Video Docketing System. In addition, it will provide funding for replacement hardware of IT systems, provide monetary assistance with the new land records software program with the Supreme Court of Virginia, and for the Virginia Criminal Information Network LiveScan set up (two computer workstations, a printer, UPS battery and backup). • Considerations: This appropriation will not require any additional funding from the City. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart • • •ency: Clerk of the Circuit Court City Manager: ilk 1 AN ORDINANCE TO APPROPRIATE $634,540 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $634,540 is hereby appropriated, with estimated state revenues increased 9 accordingly, to the FY 2019-20 Operating Budget of the Clerk of the Circuit Court to 10 support technological related needs and upgrades. 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: � ��/� G� L B dget and anagement Services CitXArney's Office CA14803 R-1 July 23, 2019 ( ram14H s) CITY OF VIRGINIA BEACH t AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to Purchase Night Vision Devices MEETING DATE: August 6, 2019 • Background: The Virginia Beach Police Department Special Weapons and Tactics (SWAT) Team requires an upgrade in its night vision devices and technology. The SWAT team currently utilizes ten-year-old AN/PVS-14 night vison devices. The AN/PVS-14 is a single battery monocular device that mounts to head harness or helmet bracket. The device has several limitations which can be remedied by advances in technology now available in new devices. In order to upgrade SWAT night vision devices to the highest standards, the Police Department requests authorization of $240,000 in appropriations from the Police State and Federal Seized Assets Fund. High resolution, easily maneuverable night vison equipment is essential to SWAT's ability to successfully operate in low light conditions, to achieve a tactical advantage over suspects, and to enhance the safety of officers and the public. This appropriation will enable the Police Department to acquire approximately twenty new devices. After the acquisition of the new devices, the existing monocular devices will be transitioned to the K-9 Unit for use when performing perimeter functions in static positions. This use is more suitable for the current capabilities of the older devices. • Considerations: There is sufficient fund balance in the Police Federal and State Seized Assets Special Revenue Fund to cover this cost. The purchase of law enforcement equipment is an allowable use of the Seized Assets Funds, consistent with U.S. Department of Justice guidelines. This usage has been confirmed by the Virginia Department of Criminal Justice Services' Forfeited Asset Sharing Program Coordinator. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De. - isi ency: Police Department City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO PUCHASE NIGHT VISION 4 DEVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $240,000 is hereby appropriated, with revenues increased accordingly, from 10 the Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund 11 to the FY 2019-20 Police Department Operating Budget for the purchase of night vision 12 devices for its SWAT team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B get and anagement Services Cit—Attorney's Office CA14795 R-1 July 3, 2019 GtAB£,q tCE i i t.,, ) • CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Transfer Funds and to Establish Three FTEs for a New Treasurer's Office Location at Sabre Street MEETING DATE: August 6, 2019 • Background: Due to the events of May 31st, the departments that occupied Building 2 were dispersed to available office space throughout the city. In the aftermath of the event, the City was approached and offered two suites at Sabre Street (20,000 square feet and 9,000 square feet) rent free for the first year by the owner of the building. The City has entered into a lease agreement, and the Department of Planning and Community Development will be relocating existing staff to the facility when buildout is completed over the next several weeks. In addition to Planning, this request, if approved, would establish a branch of the City Treasurer's Office at the Sabre Street location. After a review of their business processes, the Planning Department has determined that it cannot accept walk-in payments from customers at the Sabre Street location. Instead, customers who wish to pay for permits will be able to utilize the onsite branch of the Treasurer's Office. In addition to performing this function, citizens will also be able to conduct any other business with the City Treasurer's Office at this new full-service location. Offering this full-service Treasurer's Office location maximizes the use of the temporary office space in the Lynnhaven area and provides better service to the customers and citizens. In order for Planning to properly accept walk-in payments, new processes and costs would be added for the secure transfers of funds and deposits as well as other fiscal control measures. Many of these processes are duplicative of the function of the City Treasurer's Office while providing little additional customer service to the citizens. Creating an office location for the City Treasurer allows for proper fiscal controls to be in place while providing additional services. • Considerations: In an effort to establish this new location, the Treasurer's Office is requesting a transfer of $204,281 from the General Fund Regular Reserve for Contingencies. This funding will allow for the hiring of three new FTEs as well as the purchase of necessary supplies and equipment to operate the location. Of the total $204,281 requested, $32,004 will be one-time costs and $172,277 will be ongoing annual expenses. • Public Information: Normal Council Agenda process. • Alternatives: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Dep. • ' e • - • - cy: City Treasurer's Office /2-h-. City Manager: ` 1 AN ORDINANCE TO TRANSFER FUNDS AND 2 TO ESTABLISH THREE FTES FOR A NEW 3 TREASURER'S OFFICE LOCATION AT SABRE 4 STREET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $204,281 is hereby transferred from the General Fund Regular Reserve for 10 Contingencies to the Office of the City Treasurer. 11 12 2. 3.0 FTE are hereby established within the City Treasurer's Office in the FY 13 2019-20 Operating Budget in order to operate a newly established Treasurer's 14 Office location at Sabre Street. 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: ,� _ 13 dget & anagement Services '-tify`-Attor s Office CA14809 R-1 July 25, 2019 pG�t�atA6EA•i f4 l [Asr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Appropriations for Cost Increases Associated with Disabled Veteran and Elderly / Disabled Real Estate Tax Relief Programs MEETING DATE: August 6, 2019 • Background: The City of Virginia Beach currently provides real estate tax relief through two programs. The first is the Elderly and Disabled program, which is an optional program that the City chooses to offer citizens. City Council has full control of this program and establishes the income and net worth requirements and thresholds. In order to be in the program, applicants must meet the age or disability requirement, not exceed the maximum income threshold or exceed a maximum net worth (excluding the value of their home). The percentage of tax exemption received is contingent upon the amount of income an eligible participant earns. There is also a freeze option that has a higher income threshold than the exemption option. The second program is the Disabled Veterans or Surviving Spouses Real Estate Exemption program. In 2011, this became a State mandated program through the Virginia State Constitution in which qualifying individuals receive a 100% Real Estate tax exemption. Tax exemption begins at the point in time that an individual is deemed 100% disabled by the U.S. Department of Veteran Affairs. Upon application by individuals, the City is obligated to exempt the current year Real Estate tax bill and refund prior years of taxes paid by the disabled veteran applicant. In June 2017, the Attorney General of Virginia issued an opinion which extended the lookback period for reimbursements beyond the customary current and three year period to the date of the change to the Virginia Constitution authorizing the Disabled Veteran Exemption (July 1, 2011) or the point at which the Disabled Veteran purchased his or her present home. Extending this window creates the potential for newly accepted veterans to qualify for up eight years' worth of real estate tax reimbursements. In FY 2018-19, there are $585,210 in prior years reimbursements remaining to be booked creating a $503,202 shortfall in the program's appropriations. Elderly/Veterans Tax Relief Program FY 2019 Budget FY 2019 Actual Difference 16,976,794 17,479,996 (503,202) In order for Finance to close out the FY 2018-19 budget for these programs, a budget adjustment must occur. Beginning in FY 2019-20, the Veterans Tax Relief Program is no longer budgeted as an appropriation, but instead netted from the real estate revenues. Budgeting for the veterans' portion of the program in this manner will prevent future issues requiring budget adjustments to meet end of year needs. • Considerations: To post the final FY 2018-19 payment, a transfer of $302,561 is required. Currently there is $200,641 in available appropriations from another program leaving a remaining need of $302,561 to fully fund the program. To address this funding gap, a transfer of $105,824 from the General Fund Reserve for Contingencies and $196,737 from attrition savings within in the FY 2018-19 Operating Budget of the Department of Human Services is proposed. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa . - i - •ency: Department of Budget and Management Services p City Manager: dir 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR 2 COST INCREASES ASSOCIATED WITH DISABLED 3 VETERAN AND ELDERLY/DISABLED REAL ESTATE TAX 4 RELIEF PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $105,824 from the FY 2018-19 General Fund Reserve for Contingencies and 10 $196,737 from the FY 2018-19 Operating Budget of the Department of Human 11 Services are hereby transferred to the FY 2018-19 Non-Departmental 12 Operating Budget for the purpose of funding cost increases related to real 13 estate tax relief programs. 14 15 2. This ordinance is enacted with the intention that the transfer authorized above 16 accrue back to the FY2018-19 Fiscal Year consistent with Section 12 of the 17 FY2018-19 Appropriations Ordinance. 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: Es udget an anagemen Se ices .City Rtt6ey's Office CA14810 R-1 July 25, 2019 i ,_ 1) to CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Department of Homeland Security to the Fire Department and to Transfer $8,750 from CIP #3-506 MEETING DATE: August 6, 2019 • Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $166,250 in federal pass-through funding for the purchase of a 100kw generator for Fire Station 20. Currently, this station does not have a generator that is capable of providing full power to the building, including the building's critical communications equipment. The current generator is also 20 years old and approaching the end of its useful life. • Considerations: There is a required local match of $8,750 for this funding. The Department has funds available for the match in CIP #3-506 Fire Facility Rehabilitation and Renewal III. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep• + ent/Agency: Fire Departme t City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FIRE DEPARTMENT AND TO 4 TRANSFER $8,750 FROM CIP #3-506 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $166,250 is hereby accepted from the U.S. Department of Homeland Security 10 and appropriated, with federal revenue increased accordingly, to the FY 2019- 11 20 Operating Budget of the Fire Department for the purchase of a generator for 12 Fire Station 20. 13 14 2. $8,750 is hereby transferred from CIP #3-506, "Fire Facility Rehabilitation and 15 Renewal III," to the FY 2019-20 Operating Budget of the Fire Department to 16 provide a required local match. 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: ' 7) fud ., I \ rget an "Management Services City Attorney's Office CA14807 R-1 July 24, 2019 ( ,.�u e"ed'i c rcyb , -4, 1F44-.v(UG) CITY OF VIRGINIA BEACH AGENDA ITEM ,./ ITEM: An Ordinance to Accept and Appropriate Gift Funds from the Norfolk Southern Foundation for First Responders MEETING DATE: August 6, 2019 • Background: In the aftermath of the May 31, 2019 tragedy, Norfolk Southern Corporation contacted the City and made a commitment, through the Norfolk Southern Foundation, to donate $30,000 to the City of Virginia Beach. Norfolk Southern intends that this gift be split evenly and distributed to three City departments: the Police Department, the Fire Department, and EMS. • Considerations: The check for these funds was delivered to the City on July 1, 2019. Therefore, the money received from this gift will be utilized in Fiscal Year 2019-2020. The departments have selected to allocate the money as follows: • Police Department: Specialized Equipment and Training as needs are identified. • Fire Department: Operations Public Safety Supplies • EMS: Medical Supplies • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Letter Recommended Action: Approval Submitting De ntl ency: Budget and Management Services O City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GIFT 2 FUNDS FROM THE NORFOLK SOUTHERN FOUNDATION 3 FOR FIRST RESPONDERS 4 5 WHEREAS, Norfolk Southern Corporation is a Fortune 500 company with an 6 extensive history and legacy in the Hampton Roads region; 7 8 WHEREAS, on the morning of June 3, 2019, Norfolk Southern Corporation, 9 through the Norfolk Southern Foundation, made a commitment to the City of Virginia 10 Beach to donate $30,000 to the City for the Police Department, Fire Department, and 11 EMS, as well as an additional $10,000 to the American Red Cross; 12 13 WHEREAS, in addition to financial contributions, Norfolk Southern Corporation 14 and its employees across the region and nation also extended their collective thoughts 15 and condolences to the City and all City employees; 16 17 WHEREAS, the funds for this commitment were presented to the City of Virginia 18 Beach on July 1, 2019; and 19 20 WHEREAS, the intent of the Norfolk Southern Foundation is for the Virginia Beach 21 agencies to utilize these funds for training or equipment, as determined by the 22 departments. 23 24 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA THAT: 26 27 1. A gift of $30,000 from the Norfolk Southern Foundation is hereby accepted and 28 appropriated, with revenues increased accordingly, to the FY 2019-20 Operating 29 Budgets of the Police Department, Fire Department, and EMS, with each 30 department receiving $10,000 from this gift. 31 32 2. The City Council is thankful for the generosity exhibited by Norfolk Southern 33 Corporation and its employees to the City of Virginia Beach. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day 36 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 & Management Services Attorney's Office CA14796 R-1 July 3, 2019 Norfolk Southern Foundation Katheryn Fletcher 3 Commercial Place Director Norfolk,Viginia 23510 757/629-2881 June 24, 2019 David Bradley Director of Budget&Management Services City of Virginia Beach 2401 Courthouse Drive Building 1, 3rd Floor,Municipal Building Virginia Beach,VA 23456 Dear David, Enclosed is a check from the Norfolk Southern Foundation in the amount of$30,000,as contribution for response to the Virginia Beach tragedy. This grant is to provide $10,000 each for emergency medical,fire and police services. Norfolk Southern appreciates the work these groups do to keep our employees and communities safe. Sincerely, Katie Fletcher Director Corporate Social Responsibility Operating Subsidiary Norfolk Southern Railway Company �Nuy� 1 I ay CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $50,000 from What Works Cities to the Department of Economic Development for Early Childhood Language Development MEETING DATE: August 6, 2019 Background: The Department of Economic Development's GrowSmart Program successfully applied for a What Works Cities and Results for America grant to help plan a program to support early language development and improve kindergarten readiness for local children. The grant funding will be used to plan the expansion of GrowSmart's Language Environment Analysis (LENA) program, which includes home visitations and professional development for early education providers. GrowSmart's existing partners who offer home visitations to families of children up to age three will receive additional training and technical support to incorporate a language focus in their visits, which will further strengthen home language environments and improve kindergarten readiness. The partners will also receive training to embed the same language focus in the early care and education programs to enhance the talking environments for all program settings. • Considerations: This planning grant is the initial phase of a more comprehensive grant that could total up to $450,000. While the portion of the grant being appropriated at this time does not require a local match, the post-planning phase of the grant may require a local match of up to $360,000. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval IP Submitting Depart gency: Economic Development / GrowSmart w1 �"r 1 City Manage 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $50,000 FROM WHAT WORKS CITIES TO THE 3 DEPARTMENT OF ECONOMIC DEVELOPMENT FOR 4 EARLY CHILDHOOD LANGUAGE DEVELOPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $50,000 is hereby accepted from What Works Cities and appropriated, with 10 miscellaneous grant revenue increased accordingly, to the FY 2019-20 Operating Budget 11 of the Department of Economic Development for early childhood language development 12 initiatives. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of the all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rl 1 L, , .,..),\, k,i,uj ) , udget and Management Services < aty Attorney's Office CA14805 R-1 July 23, 2019 GNw 4 f 1 gut 's -ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Emergency Medical Services for Rescue Squad Operations and Training MEETING DATE: August 6, 2019 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies for EMS programs and projects. As required by Virginia Code 46.2-694, the Four-for-Life Program collects an additional four dollars and twenty-five cents from each vehicle registration purchased annually. While the State collects $4.25, this program allocates twenty-six percent of the amount collected to the municipality where each vehicle was registered. These funds are to be used for training, necessary equipment and supplies. The total revenue for this program varies slightly each year depending on the number of vehicles registered. Any surplus received is to be accepted and appropriated on an annual basis. By year-end FY 2018-19, a surplus amount of$35,517.12 was received. • Considerations: Estimated revenues are projected in the EMS Operating Budget, but the City received surplus revenues. These funds will be used to bolster training supplies and medical equipment to support our growing EMT class sizes. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De iiii - t/A. : cy: Department of Emergency Medical Services35/________ , City Manager: , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO EMERGENCY MEDICAL SERVICES FOR RESCUE 3 SQUAD OPERATIONS AND TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $35,517.12 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased accordingly, 10 to the FY 2019-20 Operating Budget of the Department of Emergency Medical Services to 11 support rescue squad operations and training. 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: udget an snag men Services Cit s Office CA14808 R-1 July 24, 2019 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $137,610 in Aid to Localities Grant Funding MEETING DATE: August 6, 2019 • Background: As a part of each year's budget process, the Fire Department estimates their upcoming Aid to Localities (ATL) grant allocation from the Virginia Department of Fire Programs. These estimates are appropriated with the department's Operating Budget, however, sometimes there are small variations between the estimated allocation and the actual grant award amount. In these cases, additional Council action is required to appropriate the additional funds before they can be used by the Fire Department. As outlined by the table below, the FY 2017-18 ATL grant award was $42,929 higher than the budgeted estimate while the FY 2018-19 award was $94,681 higher. As a result, the difference of $137,610 needs to be appropriated to each respective ATL grant in order to make those funds available for the Fire Department. Fiscal Year Estimate Actual Difference 2018 1,421,346 1,464,275 42,929 2019 1,421,346 1,516,027 94,681 Total 137,610 • Considerations: The Fire Department intends to use these funds for personal protective equipment and training. There is no grant match required for ATL grants. • Public Information: Normal agenda process. • Recommendations: Adopt the attached budget amendment. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departme City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $137,610 IN AID TO LOCALITIES GRANT FUNDING 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $42,929 is hereby accepted and appropriated, with State revenue increased 8 accordingly, to the FY 2019-20 Operating Budget of the Fire Department for 9 the FY 2017-18 Aid to Localities Grant for personal protective equipment and 10 training. 11 12 2. $94,681 is hereby accepted and appropriated, with State revenue increased 13 accordingly to the FY 2019-20 Operating Budget of the Fire Department for 14 the FY 2018-19 Aid to Localities Grant for personal protective equipment and 15 training. 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: udget an Management Services City Attorney's Office CA14794 R-1 July 3, 2019 .0,-....): [ ,,V11A 13E4'., 4,,...z, _,..-: ,..t.,.,.z.„.., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funds to CIP #4-500, Park Playground Renovations - Phase III MEETING DATE: August 6, 2019 • Background: The Shea Farm Subdivision is a proposed residential subdivision of 14 dwelling lots on a 5.764 acre parcel on the northeast side of Indian River Road, between Danali Lane and Osprey Landing Court, zoned R-10 Residential District. It is a relatively small single-family residential infill subdivision that is insufficient to require a large park dedication. City Council adopted a policy in 1995 to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only 0.23 acres, significantly less than the 1 to 5 acre minimum size preferred for a neighborhood park. In this particular case, both staff and the developer agree that providing a cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be appropriated toward improving a City park property in the Kempsville planning area. • Considerations: Representatives of the Shea Farm Subdivision have agreed to the Cash in Lieu of Park Reservation Payment in accordance with City Council policy (attached). The amount of the payment is based on the .23 acre (10,043 square feet) dedication requirement of the subdivision, multiplied by the assessed value per acre of the entire site ($107,000), as determined by the Real Estate Assessor. The dedication requirement for the 0.23 acres x $107,700 = $24,800 cash payment in lieu of park reservation. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Cash in Lieu City Council Policy; Location Map of the Shea Farm Subdivision; Disclosure Form Recommended Action: Approval Submitting Depart�n: flAgency: Department of Parks and Recreation A' s City Manager: I�� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #4-500, PARK PLAYGROUND 3 RENOVATIONS III 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $24,800 is hereby accepted in lieu of a park reservation from the Shea Farm 9 Subdivision development and appropriated, with local revenue increased accordingly, to 10 CIP #4-500, Park Playground Renovations III, which will provide additional park area in 11 the Kempsville planning area. Requires the affirmative vote of a majority of all members of the City Council. 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: Budget and anagement Service 'till o y's Office CA14811 R-1 July 29, 2019 i r G1NIA•BE4e , 1. C ity Council Policy .i, 4 5 ."vir. I . 70 . t� *r ,is GF DU! Not. Title: Cash Payment in Lieu of Park Reservation Index Number: 3,01 Date of Adoption: Date of Revision: Page 1 of 2 1.0 Purpose and Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive environmental land. It requires the developer to reserve a parcel of land for open space and recreational purposes according to a formula based on lot size. The City has the option of purchasing this reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified in the Subdivision Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include a cash payment. t Homeowners'Association: Establish a homeowners' association which would own the property and would constitute an equivalent recreational amenity. As noted, Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations. 1 Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less than one acre) or due to an analysis of existing open space/recreation amenities in relation to standards based :# on population, it is determined that additional land is not needed. This policy is needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for improvements within the planning area of the developing subdivision. 2.0 Policy Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement is such that the resulting park space would not be a useful amenity based on statistical criteria and standards used for acquisition of park space (generally less than one acre). All cash in lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property has a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policy Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication requirement. The assessed value of properties is determined by the City Assessor's Office. 4.0 Responsibility and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representatives from the Department of Parks and Recreation, Public WorkslReal Estate,City Assessor's Office, Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.b Specific Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement will be used in this process (see attached). These items are to be included in the Agenda Request for approval of the cash payment. 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JP.t icy �'e PC; /19410°C11)Gri r ,,L 4(k 40/--c,- 4,4,b,- , iettjez• N oa1 t, it,4,40.. , a'. .ay.:, - \ -N Q•0, 4‘sk �r .4rIviel 04, , ‘.„ 44.0 -40p ,,,,„ ricoPTesootoolvt, vo. wo .-,k ,,, ti. 00) „4„ ,_ 0% 7:, & , , ,,,,,,o,, lop 4iso itv I, ox1112:74g,*,.›,_ 64;›,,,,,:_ :)(t.,:'. 46,14‘fro, ti. iLV deP ' '''' '‘'IS.100, tiv, 0+,, „ ri,vt›,,,it,A -. -- 9. 74*•ity;'01,.c''qf-k47,10t- -'-'' _- o y ej), 24)-4e-ikQ ,) A1/46-m - '' 4114111 A0 4 to Si; � +�i� .1fritpf . 0, �0��b4.yo iOit 6J Q.O 5.tAr4 . 0 li 401k At ..,..., , osti. ___ :_-- ,r,., ,6 4 ilMt7,64,*%Vdik4$ lit A,4\4° lio ca#40k Now- r Aftr 47 4 . - '-' •cfr4\ol CP 4ior Np.a ,.. . \ $1;170.ACAIR ce i Z ° © 1 4 s sot, A Q ,$ BOO �` WitsPINtis,,— 11 raw u . 22 *` .°y. . tic_. ,o• . 4, 4-), ,_ #0.,0 1., 0Attvd4 3 s 40 4_4* /, ' , 41 ��3�: � � `• *�(�. �° -mod' -w tib Any 4t,..0 4.- 4,-v,kiAir4tv, _1 ' si Q Ø!L '1a + god ��® / g co `41 S illP -- - al 0 co /. °NM 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning 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<_I e +3SE ()MN • N+ , i r , r Page 1 of 7 1 0 APPi.UCAN 1 NUTIH it 0 Of Of APIN! 0 NO C'HAf4(,ES AS OF I 0 REVISIONS S J1 M T Tf 3 ---- — _] 153 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Pa c e //o72w es - _1/71C 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) /,Ghar4// ,� 17 GCCeel') Pr"es. .Si-e 4&17 //1 , 13/ 77 ts- ' V P, ,e(5 i-f lJ, 74/u m e n41 V P Sec ./7-k-e<J-0,,,.,-- (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) P, I/. D. Pay4-, ,--s.3 L. LC 1 See next page for information pertaining to footnotes and 2 4 P 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. ri 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) cS/ , ? ) 'V. i /0, PY 1 aeprh.ek-- , .6ef-f m, / I0k?d 1 /71e�,6eY (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 5 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE I PROVIDER (use additional sheets if needed) v Accounting and/or preparer of — your tax return i l I - Architect / Landscape Architect/ I 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) l l 11 Construction Contractors i l 1-4- Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders "( selected or being considered to provide financing for acquisition or construction of the property) RLegal Services / Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 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. APPLICANT'S SIGNATURE /[Qa ZG4RV1 0K-07«e, 7/s//q PRINT NAME DATE Noimmir Page 5 of 7 "iH e c,- .4' ' {7; t (ax.,...- d.) tt p CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept a Gift from the Rochester, NY 911 Center and to Appropriate Funds to the Department of Emergency Communications and Citizen Services MEETING DATE: August 6, 2019 • Background: 911 centers around the United States provide support to affected 911 agencies by donating items such as food, plants, and candy to 911 centers that are involved in an escalated event. The Rochester, NY 911 Center employees took up a collection of money to donate to Virginia Beach 911 to be used to purchase items for call center employees involved in the May 31st, 2019 event. • Considerations: These funds are being donated by the Rochester, NY 911 Center and will be used by the Virginia Beach Department of Emergency Communications & Citizen Services to purchase support items for call center employees. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D • • e . ' gency: Emergency Communications and Citizen Services."" CityManager: 1.i 9 k, 1 AN ORDINANCE TO ACCEPT A GIFT FROM THE 2 ROCHESTER, NY 911 CENTER AND TO APPROPRIATE 3 FUNDS TO THE DEPARTMENT OF EMERGENCY 4 COMMUNICATIONS AND CITIZEN SERVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That a gift of $200 is hereby accepted from the Rochester, NY 911 Center and 10 appropriated, with revenue increased accordingly, to the FY 2019-20 Operating 11 Budget of the Department of Emergency Communications and Citizen Services to 12 purchase support items for call center employees involved in the May 31st incident. 13 14 2. The City Council is thankful for the generosity exhibited by the Rochester, NY 911 15 Center and its employees to the City of Virginia Beach. Requires an affirmative vote by a majority of all of the members of City Council. 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: --t i ) la get and Management Services CityAtt ey's Office CA14801 R-2 July 26, 2019 K. PLANNING 1. MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 2720 North Mall Drive, Suite 100 DISTRICT 3 —ROSE HALL (Deferred from June 18, 2019) RECOMMENDATION: APPROVAL 2. 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 (Deferred from June 18, 2019) RECOMMENDATION: APPROVAL 3. ROWELMA M. / GREGORY MCGRAW for a Conditional Use Permit re family-day care home at 5504 Haden Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. SK8 HOUSE VIRGINIA BEACH, LLC/MISHORIM GOLD VAB, LP for a Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road, Suite 101 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. MMR ASSOCIATES, LLC for a Modification of Proffers to a Conditional Rezoning approved on August 16, 2016 re 596 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL ,p4u�c a� gh �yy� (u' 1,-::'S''''.-: it n n• vw tiali 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, August 6, 2019 at 6:00 p.m., at which time the following applications will be heard: Rowelma M. McGraw [Applicant] Gregory T. McGraw [Owner] Conditional Use Permit(Family Day- Care Home)5504 Haden Road(GPIN 1469350846)COUNCIL DISTRICT- BAYSIDE SK8 House Virginia Beach, LLC [Applicant] Mishorim Gold VAB, LP [Owner] Conditional Use Permit (Indoor Recreational Facility)600 S. Lynnhaven Road, Suite 101 (GPIN 1496276560)COUNCIL DISTRICT- ROSE HALL Mishorim Gold VAB,LP[Applicant& Owner] Conditional Use Permit (Indoor Recreational Facility) 2720 North Mall Drive, Suite 100 (GPIN 1496472557)COUNCIL DISTRICT- ROSE HALL MMR Associates, LLC [Applicant & Owner] Modification of Proffers 596 Princess Anne Road (GPIN 2308992078)COUNCIL DISTRICT- PRINCESS ANNE 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 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: htto://www.vbgov.com/uc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303; Hearing impaired call 711 (Virginia Relay-Telephone Device for the Deaf). VIRGINIAN PILOT:JULY 21,2019& BEACON:JULY 28,2019-1 TIME EACH. aven Parkway -_— f _� f li r---, 1 c.,, , .... „ , , iJ a) CD t t 1j (MEM CV 00 1 � . .- LI 1_. _ r- C. Ix 4 SI N ! IC t J ' � � � � � . 1 3 I 3 tt ti 7 y i t,,. } r - WINWiikt. - ,,,., ' \,,,,-,...._. a.. \\ _1 e : , \\,,,,,\:„..: 14 i -... . , _ __ { a O ,-\\ ,,,,,,,,,1\\' ‘\ \ Sk4.1. 6. :,::::,..,:\\.,,,.,_ ,,,, __, , , , \\:\\,‘ 4,44'1"ii \., -,_\ -71 ; .1.1:. Z - �] cV II .,,,,, _i_ 1 11 I, 3 I i z i\ "C3 Ts A II ,_1,I S II t\-„,, d c c c ' J m c 13 - _-�- - ��o N•M�Jff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISHORIM GOLD VAB, LP [Applicant & Owner] Conditional Use Permit (Indoor Recreation Facility) for the property located at 2720 North Mall Drive, Suite 100 (GPIN 1496472557), COUNCIL DISTRICT — ROSE HALL MEETING DATE: August 6, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreation Facility within a 41 ,000 square-foot unit along North Mall Drive, near the Lynnhaven Mall. The applicant intends to provide indoor recreation activities including trampoline courts, a zip line, a trapeze, foam pits, arcade games and an American Ninja-style obstacle course. It is anticipated that there will be up to 60 employees, of which up to 15 will be employed full-time. A new channel letter sign is proposed on the front of the building. With the exception of the new sign, no other changes are proposed to the exterior of the building. • Considerations: The proposed use is compatible with the other commercial uses located in the Lynnhaven North Shopping Center and is an excellent reuse of a former vacant retail space. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents, and is deemed a compatible use in the Special Economic Growth Area 2, and within the the greater than 75 noise zone and Accident Potential Zone 2. A minimum of 180 parking spaces are required for the proposed use and 181 spaces are provided on site. The applicant has provided a landscape plan that, once installed, will bring the site closer to compliance with the requirements of the city landscape guide and site plan ordinance. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall Mishorim Gold VAB, LP Page 2 of 2 obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibit depicted on page 8 of this report. 4. A Landscape Plan has been provided entitled, "Enlarged Planting Plan — 2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands and medium trees planted every 25 feet on center along N. Mall Drive. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart.. - - agency: Planning Department'Q2 City Manager: Applicant& Property Owner Mishorim Gold VAB, LP Agenda Item NB Public Hearing July 10, 2019 City Council Election District Rose Hall 6 Virginia Beach Request Conditional Use Permit (Indoor Recreation IBN[MIL „4an Law Facility) r f•\ifo) 5 Staff Recommendation Approval . q r Staff Planner Satr.Str"` Jonathan Sanders >75ABONL Ara Location NIP 2720 North Mall Drive, Suite 100 GPIN 1496472557 Site Size I iew. 3.21 acres "°" `.` ma AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District s. S_ FA Vacant building/ B-2 Community Business - z, n • Surrounding Land Uses and Zoning Districts = a North - _ Vacant lot/ I-1 Light Industrial _;3 South - i North Mall Drive Mixed retail/ B-2 Community Business East Mixed retail/B-2 Community Business - I West _. Mixed retail/B-2 Community Business - Mishorim Gold VAB, LP Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant proposes to provide indoor recreation activities including an indoor trampoline courts, zip line, trapeze,foam pits, arcade games and an American Ninja-style obstacle course within the existing building. The Zoning Ordinance permits an Indoor Recreation Facility of 7,500 square feet or less as a matter of right. As the size of the proposed facility is 41,000 square feet, a Conditional Use Permit is required. • According to the application, 60 employees are anticipated, of which up to 15 will be employed full-time. • The anticipated hours of operation have been identified as between 11:00 a.m.to 8:00 p.m.,Tuesday through Thursday; 11:00 a.m.to 12:00 a.m. on Friday;9:00 a.m. to 12:00 a.m. on Saturday; and 12:00 p.m.to 8:00 p.m. on Sunday. • A new channel-letter sign on the front of the building is proposed, as shown on page 8 of this report. • The Zoning Ordinance requires a minimum of 180 parking spaces for the proposed use. As the site has 181 parking spaces,this requirement can be met. I S _ No Zoning History to Report B-2 Bz Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for an Indoor Recreation Facility, in Staff's opinion, is recommended for approval.The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents, and is deemed a compatible use in both the SEGA 2 and the highest AICUZ. As the venue will be located within a unit in a retail shopping center,the anticipated traffic generated by the use 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 Lynnhaven North Shopping Center and is an excellent reuse of a former vacant retail space. The trees and shrubs that existed in the parking lot have been removed in recent years. Due to this, the site does not meet current standards. Staff recommends a condition that medium canopy trees and streetscape trees along North Mall Drive be installed. Staff recommends approval of this request, subject to the conditions below. Mishorim Gold VAB, LP Agenda Item 6 Page 2 Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division,the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibit depicted on page 8 of this report. 4. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands and medium trees planted every 25 feet on center along N. Mall Drive. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit. 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 uses 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 program 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 is developed with a shopping center and asphalt parking lot. Mishorim Gold VAB, LP Agenda Item 6 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Mall Drive No Data Available 20,700 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and Sunday,June 2, 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 May 27, 2019 • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10, 2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday,June 30, 2019 and Friday,July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday,June 26, 2019 to ensure that they were aware of the new hearing date. • This Staff report, as well as all reports for this Planning Commission meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 6, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,July 21, 2019 and Sunday,July 28, 2019. • 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 July 22, 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 August 2, 2019. Mishorim Gold VAB, LP Agenda Item 6 Page 4 Existing Site Layout : »:f �PRIYA'E DRAINAGEEASELENT 'Tr LF7AVHA0 Mk: C.B.2392 PG. 1O96 1r, 51947PM51LN as our Pc A91 -- 111111 4 II / $5 / • I STORY BARMY&KANO i (�152 Sr roo7Ffirr7 I e 2720 NORM MALI DRA4 MOM A.8 .41P:/,,... (AODFESS MTN Rai RECORD GP*1496379332O0D0 .�_ OOCT1lEiJ1S) I_ 11 I 0R7/14964746810000 LOOS N/F LUGS- mai A SI II (vMdU KA'N Mkt @ Cr*N964725570000 1 I SL79DfN90N HENS PROD& .N.A .�.6 GN 2318073GOg06l0t160 PROPOSEC ORAWA EASEVEN' BIB HI=16' I ' D.B.2392 PG 105 r ores ,.t; Bs 91 1 ( .,A■ o At OS �+�� ' ' omen vARIADIA 1MDtI i� , Mom' 20' UTLITY l215SE I. 1 2 --, ' t j�_. �\ \ �� / 1 ►\\\\:o---r-•- ):-IF-..1O:1 11r t Zf --*-: #r1 141.. I~s 7. --— ' kl 4 ii tv .' PRIVATE Li- -Y._D.B ,A .� EASEM t E� 1.,� AmJC%�,, / / G.B. I332 1DD6 111' Mishorim Gold VAB, LP Agenda Item 6 Page 5 Landscape Plan S'i •k MINN h0/9111111110114 'i 1 11; *I 4 11411 -a i•i 1 44 - ' ILI t , 11 1 CIII N3AVHNNA1 S 009 CINV 110 TIVIN N OM I 3•-4 . i 1 Or t -Weld DNIINVid MONVINif- !Mil \ \ \ \ V'k• '5 \ \ . 5 ‘' '.5 \ ; \ a i f . ..- , N —_, 1,4 , "Ark": w47'lazy IK,* ,rittk, —- ---A 1 1 ---- i ,. i • -- , 1 . I ' ' I : 1 . .1 lii4W • 11:6' -_,,..a. , ....d , .. 2 4„,t1- ' 1 ' 'c'•-•&,1 o',. i iit .. , ; ; ; ; . , i ' , ' ' ' ' 1.-'-'--1--11F-rtl-'-1-r4. ..1-,-.-i ' ', ' II el , ' el t , i s t • A t \ S Cie- ••"; s. $ N ,1 L''.04c.'•;7 II' ' . 1110. , : \ _ . , ' I I . 1 . i I . 1 . • , . I , 'W i -\ N I ;''''. •-i"'"L 14.4t-.1:1.-.41'1'.1-7L:l' eL .1'.: -W- - -.'41 4 (....,i ‘.-\'..'N \11, 1 li i - ":.-7.-...-: '''-..'--1'.-4--. 7,1.77:'7,•rp...-.r -' ' 7 k:TAt 1-.i' / \1 li gisr,, , I , 1 i N 1 N 14 re, 1111 , i- HT, 1 , 2z , . 1 . I r ._, 4 : ,- - ' r3.---",- ' 1' ; , . . ,:o , , . I j .: i. ' I .. . N 1 .•, , I 1 , I i , 2 .< - I . ' I • " I ' I I I . . ,zi I I ——1 I - N ' , • t , , s'e ' I t ', t (--e 'it;1 , e- Mishorim Gold VAB, LP Agenda Item 6 Page 6 Proposed Floor Plan 8yFt 77747,7 Ted ru a tr.myol.... 9.s h It _$j a �: -1 11. i M.a cairn 3777 sq FI C �/y Dodg; 1eS1 Sq FI f(`a 7 ] z BrBosa :ON :FI1. I 1 'C STORAGE 6S6 vex1 Ft ed° sn Ft Ft �k�I 111 t' .� •7)40 9 t1AN 1.f if f Q9 m Set Ft• t a .r :� Arm..7. . Bif - �� --- WO-sq Pt _P.75iL1ei flwr `j u.•, t - (3) c' ; e r■E pafib ale sq Ft _ ■ a. troaLP '+rir. roawwALL 75 _(A} } ra,� i (4) ' e p .I, Tsc.golfii oy (� -� 1.N�Au C.3e or Ory(8) ...� " + „ a G .:(TTTi is F.Ca 011 Wall(1� QtJ A R( - Z i i[ 1681ac1 auf Tower(1ri Q[r `" 7►-7' = '.�yn r- - e , ;1 (( }��{��{�• L 17Sorge tUn WaN(la) OtY 1 lW L1�• Li LL it' MINNA ng s1K4: 077 • 5 • II1 to Toh area o135 ItA�75 0 FCrcCeI f 171 55 Ft ^ ' i it aA.u,..=._. Tota f616875'IF#i 77e7 sq Ft in rased floc TU Stotts of Rarer 76n efie %Ft (TD) 4 I.a 1 TUTU 7 Lew .�§� '(it`'� ToU:length olHxWraaa VA "lvlw ll. Nn. al .3a -4 1 ..•6 1 rt :1 ff,tU:1 ...; over gr�awtl .ea vrapmuds tam 111141)f17.xi lJ ras eaa6y e ssa- '!��• r ' e e - edit •r.dr.tre d � - t t, a •r (12) ~ wl ( i rmi® mrdirgairommerima iw M � G wirler „. i►....w"rrll� i 0. 7 4 "_` 2 0-.4. t. , - t,., Lez 1 1 T. W €_ e i - Z "t— •( s (S),. - - -o #ss I i 61 r +a• All Heights are Measured A F. 0' S p,.,f _44 AK:LE N'ALI. .*� _-.-_ A,� i�.y •• 35.6875' - °136te76•'a L.,Z "• >irf N • • e1.ee7S 16a6P I C*1�a. 1,hi � ... a T 1 •,. a.:�• 61.1676" '2:11er 1 ea.1 #rl. Li t (TTTTI 1 n , la t 67.te7S M:w".... y ,th.; v. Mishorim Gold VAB, LP Agenda Item 6 Page 7 Proposed Sign -- A • • Mishorim Gold VAB, LP Agenda Item 6 Page 8 Site Photos IOW _ate, filiblifir _LL .,. Mishorim Gold VAB, LP Agenda Item 6 Page 9 Disclosure Statement q\B Virginia heath APPLICANT'S NAME Mishorim Gold VAB,LP 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 1 by City Property Conditions or Proffers 1 - Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning ' A.•eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement T Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board onditional Use Permit license Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Manning Commission and City Council meetingthatpertains to the a liicationts— k.k . APPLICANT NOTIFIED OF HEARING DATE. f NO CHANGES AS OF DATE. 34 Z, JS Ja(1(JL �� A� 0 REVISIONS SUBMITTED DATE tt Mishorim Gold VAB, LP Agenda Item 6 Page 10 Disclosure Statement r. .«�=- _ 1 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. RiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Mishorim Gold VAB,_LP If an LTC,list all member's names: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc. below: (Attach list if necessary) The Limited Partners are as follows: Gold Investments USA Inc, Mishorim USA Inc.. and Barak Carmon The General Partner is Mishorim Florida, LLC (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Gold Investments USA Inc Mishorim USA Inc. Mishorim Florida, LLC Mishorim Real Estate Investment Ltd. Mishorim Gold Properties See next page for information pertaining to footnotest and 2 • 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if.property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:_ __ ._. If an LLC, list the member's names. Page 2 of 7 Mishorim Gold VAB, LP Agenda Item 6 Page 11 Disclosure Statement 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 I 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 p p, parent-subsidiary relationship,that exists when 00 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 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 orbo be berated 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 Mishorim Gold VAB, LP Agenda Item 6 Page 12 Disclosure Statement Ys"b 's:. 1,*111� , a - .. 01 4 �, �* ., . , • APPLICANT k4 YES NO I SERVICE I PROVIDER tiheaddfttb'S"a`tsheers If • I^I C Accounting and/or preparer of 1 Deloitte US your tax return X Architect/Landscape Architect/ Mod Marziana/lonic Dezigns Land Planner _ iS ska Aitrapd _ _ Contract Purchaser(if other thap the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Q purchaser of the subject property —i (identify purchaser(s)and purchaser's service providers) I Construction Contractors TBD I U nEngineers/Surveyors/Agents Bock&Clark/First Order LLC Financing(include current Langley Federal Credit Union X❑ 11 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Wilcox&Savage,P.CJPremie Family Office Real Estate Brokers/ Colliers International x I— Agents/Realtors for current and (Norfolk) anticipated future sales of the subject .ro.e Tenant: Surge Virginia Beach,LLC,d/b/a i• i i •a • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have ❑ X an interest in the subject land or any proposed development contingent on the subject public action. If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mishorim Gold VAB, LP Agenda Item 6 Page 13 Disclosure Statement VB Virginia Reach ! _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate.111 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, • meeting of any public body or committee in connection with this Applicati• , -ori • old VAB,LP By: M. • ,, r• ' C, Its GP By: jl/ /j�,• alao�_�i�Shr4eir, 29Mn.1t ®A• !1 le`, .URE PRINT NAME DATE Page 5 of 7 Mishorim Gold VAB, LP Agenda Item 6 Page 14 Disclosure Statement 4/15/2019 Scan.jpeg AFFIDAVIT • STATE/COMMONWEALTH OF A uk.66.06.... , CITY/COUNTY OF Ei(y.,,vv+- ,to-wit: This day personally appeared before me,a Notary Public for the aforesaid jurisdiction. Maoz Goldshtein,who,being first duly sworn,deposes and says as follows: I. He is also known as Mark Gold. 2. Ile is authorized to sign documents on behalf of Mishorim Florida,LLC,the General Partner of Mishorim Gold VAB,LP,a Delaware limited partnership("Applicant"). 3. Ile is the sole beneficiary of Gold Investments USA Inc.,a Delaware corporation, which is a Limited Partner of the Applicant. 4, He is making this Affidavit in connection with the filing by the Applicant of a Conditional Use Permit Application with the City of Virginia Beach,Virginia("City"),so that property owned by the Applicant located at 2720 North Mall Drive in the City may be operated as an indoor recreational facility. i. ii•tx Mao Go ein a/k/a Mark Gold Subscribed and sworn to before me this IS day of April,2019. c My commission expires: t e.i l41 6 S. Bl�i C co Z a x :0 �z 3 httpsJtmail.google.camimai1/11041mbor/FMkgxviCgCTnpPTCRvRpBIBIBdh1GSin?projector=1 111 Mishorim Gold VAB, LP Agenda Item 6 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. Mishorim Gold VAB, LP Agenda Item 6 Page 16 Item #6 Mishorim Gold VAB, LP Conditional Use Permit(Indoor Recreational Facility) 2720 North Mall Drive, Suite 100 District—Rose Hall July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: All right, thank you. The next item is item number six and this is an application of Mishorim Gold VAB, LP. The applicant and owner for conditional use permit for an indoor recreation facility at 2720 North Mall Drive Suite 100 in the Rose Hall District. Is there representative for this application? Ms. Murphy: Good afternoon, Madam Chair, Madam Vice Chair. For the record, my name is Lisa Murphy. I'm a local attorney, and I'm here today on behalf of the applicant Mishorim Gold VAB,LP. We appreciate all of Jonathan's work on this application, we do think that both number five and number six will be a tremendous benefit to that mall. And we accept the conditions with the modification that you should have received this morning to number four, which will allow the new landscaping to be planted within 90 days of City Council approval of the Conditional Use Permit and with that, I'm happy to answer any questions. Ms. Rucinski: Thank you. Is there any opposition to this matter being placed on the consent agenda? Okay. Now we have none, the chairman has asked Mr. Jack Wall to read this one for the record also. Mr. Wall: Thank you, Madam Vice Chair. The applicant proposes to provide an indoor recreation activity location including indoor trampoline courts, zip line, trapeze, foam pits, arcade games, and American Ninja style obstacle course within the existing building. Zoning Ordinance permits an indoor recreation facility for 7,500 square feet or less as a matter of rights. This exceeds that and thus a conditional use permit is required. Employees are anticipated to be 60 total, 15 per shift, hours of operation are 11 a.m. to 8 p.m. Tuesday through Thursday, 11 a.m. to 12 a.m. on Friday, 9 a.m. to midnight on Saturday and noon to 8 p.m. on Sunday and parking is adequate for the site. The conditions are acceptable to the applicant. Staff recommends approval. Therefore, we have placed this side among the consent agenda. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D 1 have been approved by consent. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibit depicted on page 8 of this report. 4. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands and medium trees planted every 25 feet on center along N. Mall Drive. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit. 2 \__ y � iti`s � 1, \ 1 i r` l 1\ , ��/ r ti TIII r1,) _ : t ti , = i -,,,==---1- A Z , 1�, +, a� c7 ijj 1 ti �r -'1 tii �^ � � i 0 _ \ \ ors.... , \ 0,) !� i t �� — .. Ln .ip, : I _ J y _ — H-- 1, _ ——-2:-_ _7-• .V*1 11 1OW\ . tv IN 0 1) I- i v 1.- SC 0 , 1101k. i 6. 1\1411\-L'%; 0. O � J N_ CD ---_-�`ram,i `" CA 0 CD tm 1-i r 5 n O N CE a - \L, ri, Fr- Fit \ , GO ret fu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSEPHINE P. PARKER [Applicant & Owner] CONDITIONAL USE PERMIT (Automobile Repair Garage) & MODIFICATION OF CONDITIONS (Bulk Storage Yard) for property located at 573 Central Drive (GPIN 1496678537) COUNCIL DISTRICT — BEACH MEETING DATE: August 6, 2019 • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Facility within an existing 9,500 square-foot commercial building in the Oceana West Industrial Park. The applicant specializes in the service and repair of alternative fuel vehicles, and service will be provided by appointment only. No sales of automobiles will be conducted on the property. The applicant is also seeking a Modification of Conditions of a Conditional Use Permit in order to expand an existing Bulk Storage Yard located at the rear of the property. The storage area will continue to be used for vehicles awaiting and undergoing servicing and repairs. No changes are proposed to the building other than the installation of a wall- mounted sign in the same general location as the previous tenant's sign. ■ Considerations: As per Section 1800 of the Zoning Ordinance, the proposal is deemed a compatible use within the greater than 75 noise zone and the Accident Potential Zone 2. The use is also compatible with the other industrial and commercial uses along Central Drive and within the industrial park. Parking on the site far exceeds the minimum requirement of 11 , as over 40 spaces exist on the property. The applicant is amenable to installing streetscape plantings along Central Drive, consistent with the requirements of the Virginia Beach Landscaping Guide. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Conditional Use Permit (Automobile Repair Garage) 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. Josephine P. Parker Page 2 of 2 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside, except within fenced areas on the property. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. Modification of Conditions (Bulk Storage Yard) All conditions of the Conditional Use Permit granted by the City Council on February 26, 2002 shall be deleted and replaced with the following conditions: 1. The Bulk Storage Yard shall be limited to the area shown on the submitted site plan, entitled "Service Center/Bulk Storage Yard", prepared by Cushman Wakefield on behalf of the applicant, dated May 24, 2019. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 3. Fencing, landscaping and lighting shall be maintained in accordance with Section 228 of the Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De nt/Ag ncy: Planning Department yY� City Manager: Applicant & Owner Josephine P. Parker Agenda Item Public Hearing July 10, 2019 City Council Election District Beach 8 City of Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) Modification of Conditions (Bulk Storage I Central Dare Yard) r " Staff Recommendation a --- Approval poduai Noid >75 B DNL APZ2 Staff PlannerPrecision Bill Landfair Ilia QuaI,tY Cowl Location 573 Central Drive GPIN 1496678537 IndostrY Lxne Site Size 81,462 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay <, gm- Pt ,chic t , i r t,,;c! Existing Land Use and Zoning District a Vacant building/ I-1 Light Industrial Communication Tower/ I-1 Industrial E Surrounding Land Uses and Zoning Districts = North Wholesale & retail/ I-1 Light Industrial 41.E T South _ Under construction/ I-1 Light Industrial East Wholesale & retail/ I-1 Light Industrial yft A (1,1 ' ' aMt[1 West v, ' 0 a`' Industrial Park/ I-1 Light Industrial Josephine P. Parker Agenda Item 8 Page 1 Background and Summary of Proposal • The site is currently developed with a 9,504 square foot vacant commercial building and associated parking and storage areas. The applicant proposes a Conditional Use Permit for the operation of an Automobile Repair Garage specializing in the service and repair of alternative fuel vehicles. This work will be scheduled with customers by appointment only and once completed the vehicles are either delivered to the customer's residence or an appointment is made for the customer to pick up the vehicle. Transactions with customers will occur online or at specially designated showrooms. No sales of automobiles will be conducted on the property. • The applicant also seeks a Modification of Conditions to an existing Conditional Use Permit for a bulk storage yard located at the rear of the property. The modification will enlarge the storage area with the removal of a segment of security fencing, allowing the bulk storage yard to merge with the existing storage area behind the building. The yard will continue to be used for the storage of vehicles undergoing servicing and repairs on the property as originally intended and approved. • No changes are proposed to an existing monopole communication tower located at the rear of the property. • The typical hours of operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday. It is anticipated that up to 15 employees will work on the site. • No exterior changes are proposed to the building. Signage will display the tenant's logo and name, and likely be wall-mounted in the same general location as signage advertising the previous tenant. • The use requires 11 parking spaces. A minimum of 40 spaces are available along the drive aisle and in the rear of the property. L_�.,. i_ 1 Zoning History .� J # Request 1 CUP(Monopole Communication Tower)Approved U ( ,4.4 02/26/2002 1 \ CUP(Bulk Storage Yard)Approved 02/26/2002 �- �� - 2 �: 2 CUP(Bulk Storage Yard)Approved 10/14/1997 r•0,/, jedi } cam` 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 Josephine P. Parker Agenda Item 8 Page 2 Evaluation and Recommendation The proposed request for a Conditional Use Permit for an Automobile Repair Garage and for a Modification of Conditions for an existing Bulk Storage Yard is, in Staff's opinion, acceptable. Both applications are deemed compatible with the AICUZ and with the other industrial/business uses along Central Drive and within the Oceana West Industrial Park. As stated previously, no changes are proposed to the building nor to the site, with the exception of signage and the removal of a segment of security fencing. Additional streetscape landscaping will be installed 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. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions Conditional Use Permit (Automobile Repair Garage) 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning &Community Development is required for any new signage installed on the site. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside, except within fenced areas on the property. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. Modification of Conditions (Bulk Storage Yard) All conditions of the Conditional Use Permit granted by the City Council on February 26, 2002 shall be deleted and replaced with the following conditions: 1. The Bulk Storage Yard shall be limited to the area shown on the submitted site plan, entitled "Service Center/Bulk Storage Yard", prepared by Cushman Wakefield on behalf of the applicant, dated May 24, 2019. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 3. Fencing, landscaping and lighting shall be maintained in accordance with Section 228 of the Zoning Ordinance. Josephine P. Parker Agenda Item 8 Page 3 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 property is located within Special Economic Growth Area 2—West Oceana. Special Economic Growth Areas (SEGA's) are viewed as special areas with significant economic value and growth potential, with a primary consideration being adjacency to NAS OCEANA or within the Interfacility Traffic Area high noise overflight zone. The City supports development and redevelopment of these areas consistent with Air Installation Compatibility Use Zones (AICUZ) ordinance provisions and the City's economic growth strategy. All of SEGA 2—West Oceana is within the 75+ DNL noise zone and most of the area is subdivided and zoned for commercial and industrial uses. The automobile repair garage and bulk storage yard are compatible with the commercial and industrial uses found in the surrounding Oceana West Industrial Park and will not adversely affect the recommended policies for SEGA 2—West Oceana. 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 its developed with an existing building, paved parking lot and drive aisles, and a paved bulk storage yard. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Central Drive 5,790 ADT 1 9,900 ADT 1(LOS 2 "D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Josephine P. Parker Agenda Item 8 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 13, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and Sunday,June 2, 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 May 28, 2019. • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10, 2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday,June 30, 2019 and Friday,July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday,June 26, 2019 to ensure that they were aware of the new hearing date. • This Staff report, as well as all reports for this Planning Commission meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 6, 2019. Josephine P. Parker Agenda Item 8 Page 5 Proposed Site Layout i N ! N } 9 Ai i .: i w L,< �o� —5'1 ) i o ! I Cal Cal 1 —1 I E ®'(,-3,-1:c-ficilif2v-Zt* .. ffAsairiiiiRt @1:1 . i i , ' . _a 7.6j i dyy 1 ! k i ! 1 i / g i / E i �i JJ @ ii! w„ l@... 144 u.40 1 7. w f. .i E 1 ar7VVV 'sv — O 1 v ' 1 w — p K i pU �W} M- cc O pFw ! Wm JZQ J} • Qwa. �U 1 CO Zw0 wUN ! 1 �� i — j unCOm i — — l i _ Josephine P. Parker Agenda Item 8 Page 6 Site Photos • 14. • yfs ok eta To Josephine P. Parker Agenda Item 8 Page 7 Bulk Storage Yard CUP, Approval 02/26/02 111v+-BPA yesl,""Ni4\ICI -74'.'6,02, `om _ # City of Vii ir-iia B�ac Yi s V9t,OF OUR NAT10 '4 DEPARTMENT OF PLANNING MUNICIPAL CENTER (757)427-4621 BUILDING 2,ROOM 115 FAX(757)426-5667 2405 COURTHOUSE DRIVE VIRGINIA BEACH,VA 29466.9040 This is to notify you that the Virginia Beach City Council, at its Formal Session on February 26, 2002: APPROVED the application for a Conditional Use Permit of JOSEPHINE PARKER at Central Drive and Quality Court(573 Central Drive)(BEACH- DISTRICT 6)for a bulk storage yard, containing 1.89 acres, subject to: 1. The bulk storage area shall be limited to the area shown on the submitted site plan entitled, "Site Development Plan for Bulk Storage Yard Lot 16", prepared by NDI, LLC, dated October 11, 2001. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 3. Buffer restoration acceptable to the Planning Director or his designee shall be provided. This shall be determined during the detailed plan review process. 4. Fencing, landscaping,and lighting shall be installed in accordance with Section 228 of the City Zoning Ordinance and the requirements of the Site Plan Ordinance. 5. The gate at the entrance to the enclosed bulk storage area shall be at least 12 feet wide. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review and building permit review to meet all applicable City Codes. If you have any questions conceming this notificatior,ptease conta rtning- Division of the Planning Department at 427-4621. ' � ggAPPROVED SIGN l! � iL DATE 2.-Z(p-el Z. PLANNING DEPARTMENT Josephine P. Parker Agenda Item 8 Page 8 Disclosure Statement VB Virginia Beach APPLICANT'S NAME Josephine P. Parker 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 i Disposition of City Modification of by City i 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) 1 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit , License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin,:Commission and City Council meetly that ertains to the act lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE l" rNO CHANGES AS OF DATE 111,11 1`ci Q,t._ t I(.UAwt l t.itr—,,A►. _ID REVISIONS SUBMITTED i DATE: Josephine P. Parker Agenda Item 8 Page 9 Disclosure Statement NB Virginia Beach Inl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT iS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Josephine P._Parker________ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only it property owner Is different from Applicant. 1^I Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Josephine P. Parker If an LLC, list the member's names: Page 2 of 7 Josephine P. Parker Agenda Item 8 Page 10 Disclosure Statement \r'mi aseacb If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 orto 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 Josephine P. Parker Agenda Item 8 Page 11 Disclosure Statement \AS APPLICANT Virginia Bear YES NO SERVICE PROVIDER(use additional sheets if I needed)___. _. n ® Accounting and/or preparer of f I your tax return ICI Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ IX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 3< Construction Contractors ❑ ) Engineers/Surveyors/Agents Financing (include current ❑ x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property _ b SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development ❑ I/<1 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Josephine P. Parker Agenda Item 8 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this Application. > �� Josephine P. Parker 4/10/19 AP CANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Josephine P. Parker Agenda Item 8 Page 13 Disclosure Statement Vir3 OWNER Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) --- ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ F Land Planner C ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property /� (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(Include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ElAgents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C vl an interest in the subject land or any proposed development �I contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Josephine P. Parker Agenda Item 8 Page 14 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information, provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ 7titit Josephine P. Parker 4/10/19 j PRO OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Josephine P. Parker Agenda Item 8 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. Josephine P. Parker Agenda Item 8 Page 16 Item#8 Josephine Parker Conditional Use Permit(Automotive Repair Garage) 573 Central Drive District—Beach July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: All right, thank you. The next item is Item No. eight. And that is an application for Josephine P. Parker, applicant and owner for conditional use permit for an automobile garage repair, modifications of condition for bulk storage yard located at 573 Central drive, and that is in the Beach District. Do we have a representative for that application? Okay, do we have any opposition to that application being placed on the consent agenda? Okay, seeing none, the chairman has asked Commissioner George Alcaraz to read that to the record. Mr. Alcaraz: The site is currently developed with a 9,500 square foot vacant commercial building and associated parking and storage areas. The applicant proposes a conditional use permit for the operation of automobile repair garage specializing in the service and repair of alternative fuel vehicles. This work will be scheduled with customers by appointment only. And once completed, the vehicles are either delivered to the customers residents or an appointment is made for the pickup. Transactions with customers will occur online or in specifically designed showrooms. No sales of automobiles will be conducted on the property. The applicant also seeks a modification of conditions to an existing conditional use permit for bulk storage yard located at the rear of the property. The modification will enlarge the storage area with the removal of a segment of security fencing allowing the bulk storage yard to merge with the existing storage area behind the building. The proposed requests for conditional use permit for automobile repair garage and for modification of conditions for an existing bulk storage yard are in staffs opinion acceptable. Both applications are deemed compatible with AICUZ and with other industrial business uses along Central Drive and within the Oceana West Industrial Park. As stated previously, no changes are proposed for the building nor the site with the exception of the signage and the removal of the segment of the security fencing. Based on those considerations that I just stated and along with the seven conditions for the automobile repair garage and the three conditions with the bulk storage, we recommend approval. Mr. Fisher: By vote of 9-0, agenda Items one, four, five, six, seven, eight, nine and D1 have been approved by consent. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS Conditional Use Permit(Automobile Repair Garage) 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 3. There shall be no portable or nonstructural signs or electronic display signs on the site. 4. No motor vehicles in a state of obvious disrepair shall be stored outside, except within fenced areas on the property. 5. There shall be no outside storage of equipment, parts, tires, or materials. 6. No motor vehicle repair work shall take place outside of the building. 7. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. 2 Modification of Conditions (Bulk Storage Yard) All conditions of the Conditional Use Permit granted by the City Council on February 26, 2002 shall be deleted and replaced with the following conditions: 1. The Bulk Storage Yard shall be limited to the area shown on the submitted site plan, entitled "Service Center/Bulk Storage Yard", prepared by Cushman Wakefield on behalf of the applicant, dated May 24, 2019. 2. No development, including expansion of the stormwater management facility, shall occur within the seaward 50 feet of the Resource Protection Area. 3. Fencing, landscaping and lighting shall be maintained in accordance with Section 228 of the Zoning Ordinance 3 --.....4 ,,... r-------- i i tti$ a co / i .1-i • r ---/ i at ..,_ , II ,.... II I 0 lt, , peon itp 00 im moody goad 63 1 _ , - -- . . ; t ' I .....1 , . . I .. L----i 1 ... L I , a U 1 - LI____- i X . a w 7 . ._. S 06. NIINIIV.I11116: _ . i 1 C.) ix 2 c • 0 . kNik. k a NI = ' ...., Ir---- ..- , .. 2> 1 1 ..-- 0 C) ------ -.\ -- 1 Pok-linie C/ 2 0 oe -------'77-----. '------\------ak4r2; - - 1-----1-----11321 ---- ,, 1 ' L-1----j— -I ill/ - irld -1r 1 --B ir .I C - ------ ' 0 i 1 RI I D I- ,--) Ilirdill ...-- w 1 ...r r--- ) •i 0 , 1 . 1 FT__ [-- ----17 E 21 ... C 0 CI LI La iM Ni 8 cf . f i- mi...i.a 1 eL......,.../ . 1ttw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROWELMA M. MCGRAW [Applicant] GREGORY T. MCGRAW [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 5504 Haden Road (GPIN 1469350846), COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 6, 2019 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Diamond Springs neighborhood. The applicant has been caring for children in her home as a matter of right for a number of years without incident. The 7,500 square foot property has an enclosed backyard for the children to play safely outdoors. The typical hours of operation are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use goals for residential areas, as it will provide a valuable service for families in the Suburban Area. The operator is required to be licensed and reviewed by the Commonwealth of VA to care for more than four children. To alleviate the potential for congestion of client parking in the right-of-way, a condition is recommended to stagger pickup and drop off times. 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 request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Rowelma M. McGraw Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's for use of the house as a family day- care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa r me g- • y: Planning Department -7,,*7 City Manager: 1 Applicant Rowelma M. McGraw Agenda Item Property Owner Gregory T. McGraw Public Hearing July 10, 2019 cityof City Council Election District Bayside Virginia Beach Request Conditional Use Permit (Family Day-Care +� �'� f Home) aN'ft . $ ti a* ! ,V� aN h�R� f a Staff Recommendation Approval € a Staff Planner - Marchelle Coleman d .1 NodEll e ? C 4sy.„On.r Location 1 .,a.a:.. ,.."'w` 5504 Haden Road _. ,t oe....°..e..---- W. GPIN r / 1469350846 , a«d� Site Size , y` fawnweoC(load 7,553 square feet / c j AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-7.5 Residential Surrounding Land Uses and Zoning Districts '� - yi': North Single-family dwellings/R-7.5 Residential *�r ` South - i '` -; Haden Roadma, Single-family dwellings/R-7.5 Residential . . w '*'= :1179 . East i' t' ,t;,'' - .. Single-family dwellings/R 7.5 Residential ! f * -. West =l` --4 Single-family dwellings/R-7.5 Residential4. ;, ,k ,_ -:.: ..-:-.... - , ' ,,',1 1 -. Pk T. -74 -- ' Rowelma M. McGraw Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Diamond Springs neighborhood. • The applicant has experience caring for children and has been caring for children in the current residence for almost two years. • The 7,553 square foot parcel has an enclosed backyard for children to play outdoors. • The typical hours of operation are 6:00 a.m.through 6:00 p.m., Monday through Friday. R-19- R-7.5 �,// 'l No Zoning History to Report R-75 J Haden Road R-7.5 1 V Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the Comprehensive Plan's land use goals for residential areas,as it provides a valuable service for families in the Suburban Area. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site and is compatible with the surrounding residential land uses. Based on these considerations,Staff recommends approval of this request subject to the conditions below. Rowelma M. McGraw Agenda Item 1 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one(1) person,other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. 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 identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. The proposed family day-care home provides a needed service to the community and,with the conditions listed in the staff report,will not be detrimental to any adjacent land uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural resources associated with the site. Rowelma M. McGraw Agenda Item 1 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Haden Road No Data Available Existing Land Use 1— 10 ADT Proposed Land Use 2-58 ADT 1 as defined by one single- 2 as defined by a family day-care home family dwelling with up to 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Haden Road, in the vicinity of this application, is considered a two-lane undivided local street. It is not included in the MTP. There are currently no roadway CIP projects planned for this area. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners and no objections were raised. Two letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and Sunday,June 2, 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 May 28, 2019. • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10, 2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday,June 30, 2019 and Friday,July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday,June 26, 2019 to ensure that they were aware of the new hearing date. • This Staff report, as well as all reports for this Planning Commission meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 6, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday,July 21, 2019 and Sunday,July 28, 2019. • 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 July 22, 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 August 2, 2019. Rowelma M. McGraw Agenda Item 1 Page 4 Site Layout \ z st, .._ , 17-1- :=2: (r- 1 i ` L ru , i -- J _--, ( 11 a) 7 Mood Road Moody Road .� rl o ---) ,1 ,• I N ----- / f L 1 O L_____-- J_ r Li 1 I � a ° ocE L _ 0 c CC rl c0 cut; m _ 1 E = cc\-\\ 0c c J C to 1ce ,----- _ -,cz , I L _ ' lr • Ucu -0 o C .5 • J • C Y r n a co [ 1 I rL Rowelma M. McGraw Agenda Item 1 Page 5 Site Photos s • ate`- t,, - ', r i ' t_ .'tw .'2 0 rf r ME II ,- . II - — -- a Ij1\11 II fr 4j=r1011111 Rowelma M. McGraw Agenda Item 1 Page 6 Disclosure Statement • APPLICANT'S NAME Rowelma M. McGraw 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 It SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be up utzd twc ,Ateks Page 1 of 7 Panning Commiss+on and C ty Council meet n that panst the appl cat+onfs; APPLICANT NOTIFIED OF HEARING DATE We' NO CHANGES AS OF r 7/i g//9G00a it-WaiteLLv L.Cos fl v REVISIONS SUBMITTED DATE Rowelma M. McGraw Agenda Item 1 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Rowelma M. McGraw If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I►�� 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:Gregory T. McGraw If an LLC, list the member's names: Page 2 of 7 Rowelma M. McGraw Agenda Item 1 Page 8 Disclosure Statement 1/13 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.- See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship- means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Rowelma M. McGraw Agenda Item 1 Page 9 Disclosure Statement .10 APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if needed) `/ Accounting and/or preparer of your tax return =, Architect/ Landscape Architect/ Land Planner ❑ ` Contract Purchaser(if other than 1/ 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) rt Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ix an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Rowelma M. McGraw Agenda Item 1 Page 10 Disclosure Statement 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. 4 k/ .-ir7A 01• 1lClied1t 673/ f, 1 APPt K ANT',SIGNATURE PRINT NAME DATE! ` Page 5of7 Rowelma M. McGraw Agenda Item 1 Page 11 Disclosure Statement OWNER Virginia Beach [YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '-, Accounting and/or preparer of your tax return 111 ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Q „ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing (include current CI 'u mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1:1 �/ Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Rowelma M. McGraw Agenda Item 1 Page 12 Disclosure Statement Iii/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 A lic ion 6' ECClity 'T• MCI M“) 0:0 /9 '1'ROPERIY S PRINT NAME lE Page 7 of 7 Rowelma M. McGraw Agenda Item 1 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. Rowelma M. McGraw Agenda Item 1 Page 14 Item#1 Rowelma McGraw Conditional Use Permit(Family Daycare Home) 5504 Haden Road District—Bayside July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Oliver: Great, thank you. The next order of business we will address those that have been placed on the Consent agenda and the Vice Chair will handle this portion of our agenda. Ms. Rucinski: Thank you Madam Chair. This afternoon, we have eight items on the Consent agenda. The first matter is Item number one. It's an application for Rowelma M. McGraw applicant and Gregory T. McGraw owner for a Conditional Use Permit for a Family Day-care Home at 5504 Haden Road in the Beach, I'm sorry, in the Bayside Council District. Is there a representative for this application present? Can you please come forward? Ms. Oliver: Welcome. Ms. McGraw: Thank you. Ms. Rucinski: Can you state your name for the record please? Ms. McGraw: I'm Rowelma McGraw. Ms. Rucinski: And are the applications acceptable? Ms. McGraw: Yes. Ms. Rucinski: Alright. Thank you. Is there any opposition to this matter being placed on the Consent agenda? Okay, you can sit down. Ms. McGraw: Thank you. Ms. Rucinski: Hearing none, the Chairman has asked Commissioner Dave Redmond to read this into the record, please. Mr. Redmond:Thank you. This is a fairly common application for a Conditional Use Permit for a Family Day-Care Home in a residential neighborhood. In this case, the applicant is requesting a Conditional Use Permit to care for up to 12 children within their home in the Diamond Springs neighborhood. The house on the lot is well suited for this use. There is an enclosed yard with a play area for children, which is obviously important that the hours typically will be from about 6 am to 6 pm. One of the common conditions that the staff typically requests and we require is that the 1 applicant staggers pick up and drop off times to mitigate any traffic impact on the surrounding neighborhood. There really is nothing that's out of the ordinary about this application. Again, the property is well suited. The applicant is experienced in this particular line of work, and we felt comfortable with it by consent. Thank you. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D 1 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE _ OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's for use of the house as a family day-care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. 2 i 1 bi. = \ \,,..,� ,, ,, c.., /® /, 1 A,i,, ,,, ,, , .„.._. ,.. .. 0... , , , , ,D. \ , u_ ..i _____. .___:____, ___ . _ . _.. ......„. _ , , c.,....„:„._ , , .., ,. ,. O O I tL 0 ice_ 13L.e..__.._,...,.._,= .. , -I gJ -. 7:_-_:-_-. 4 „ 0 „, ., 7, 1 —J i I - Cli 1\:' j. -_____ __ cu %— ,\I t i 11/4 • __. ______ ,,,S10,,171:, - 140.1.11,0 '7,.. ' %1 ift‘ � n�v ii ,, 1 i ?\ , ---______[--- � 11 Q rr j 1I a no 1--,..,____„--„__,_ ... I 1.5 '7....---4----7-7-----S7-n- ----" . ..\-•, ri 1-1 ti, D C z 4 Q i75 N a a I i�S�u°�+cy¢si `�:w w i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SK8 HOUSE VIRGINIA BEACH, LLC [Applicant] MISHORIM GOLD VAB, LP [Property Owner] & Conditional Use Permit (Indoor Recreation Facility) on property located at 600 S. Lynnhaven Road, Suite 101 (GPIN 1496276560), COUNCIL DISTRICT— ROSE HALL MEETING DATE: August 6, 2019 ■ Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreation Facility within a 27,000 square-foot unit in the Lynnhaven North Shopping Center. The applicant intends to operate a family entertainment center with a restaurant, a roller skating rink, an indoor children's jungle gym, and a gaming area. With the exception of a new channel letter sign and a mural, no other changes are proposed to the exterior of the building. • Considerations: The proposed use is compatible with the other uses located in the shopping center and is an excellent reuse of a former vacant retail space. The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents, and is deemed a compatible use in both the Special Economic Growth Area 2, and the highest noise zone and Accident Potential Zone 2. The proposed use requires a minimum of 135 parking spaces. Both onsite and offsite parking will be provided, as there is a recorded shared parking agreement that permits parking on the property to the south. There are only 56 parking spaces on site and 167 spaces on the adjoining property to the south; thereby exceeding the 135 space requirement. The applicant has provided a landscape plan that, once installed, will bring the site closer to compliance with the requirements of the city landscape guide and site plan ordinance. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. This Conditional Use Permit is limited to Suite 101. SK8 House Virginia Beach, LLC Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibits depicted on page 8 of this report. 5. A Landscape Plan has been provided entitled, "Enlarged Planting Plan — 2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands. Foundation landscaping along the western side of the building shall be installed per the City's Landscape Guide. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De� - t ••ency: Planning Department; 2 City Manage Applicant SK8 House Virginia Beach, LLC Agenda Item Property Owner Mishorim Gold VAB, LP /-- Public Hearing July 10, 2019 5 City of City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Indoor Recreation I. Facility) IA . Staff Recommendation ( t j r It' Approval 1 Staff Planner s Jonathan Sanders ..a Location 600 South Lynnhaven Road, Suite 101 GPIN 401 .1 1496276560 i II _mil kYnn "loo Site Size Total site-3.15 acres C Unit size- 27,000 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay j Existing Land Use and Zoning District '% '-' t,.., atr,,t Vacant building/ B-2 Community Business `,� -p Surrounding Land Uses and Zoning Districts ' North Bank, office/I-1 Light Industrial South 1 #- r Mini storage/ B-2 Community Business __ East 3jf4 . Mixed retail/B-2 Community Business _ _ _ West �_ ; S. Lynnhaven Road . Mini storage/B-2 Community Business i, A' U'. SK8 House Virginia Beach, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant proposes to renovate a 27,000 square foot unit within an existing building near Lynnhaven Mall, for the purpose of creating a family entertainment center with a roller skating rink, indoor children's jungle gym, and a gaming center with video games. A tap room with beer,wine, nonalcoholic beverages and food is also proposed. The Zoning Ordinance permits an Indoor Recreation Facility of 7,500 square feet or less as a matter of right. As the size of the proposed facility is above that threshold, a Conditional Use Permit is required. • According to the application, 10 employees are anticipated for each shift. • The anticipated hours of operation have been identified as between 10:00 a.m. to 8:00 p.m., Monday through Thursday; 10:00 a.m.to 10:00 p.m., Friday through Saturday; and 10:00 a.m. to 8:00 p.m. on Sunday. • A new channel letter sign and a mural sign on the front of the building are proposed, as shown on page 8 of this report. • The Zoning Ordinance requires a minimum of 135 parking spaces for the proposed use. While there are only 56 parking spaces on the site,the property owner has a shared parking agreement whereby the employees and customers have the ability to use 167 parking spaces on the property to the south. R-7.5 ^1 BIZ \\ Zoning History � f # Request \ 1 CUP(Self-Storage)Approved 07/14/2015 �1 __ 2 CUP(Indoor Commercial Recreation Facility)Approved $. 06/23/2009 I ' M I j / - g 3 MOD Approved 06/12/2007 a z MOD(Mini-Warehouse/Self-Storage)Approved t - ' I 02/26/2002 3 1 . - CUP(Mini-Warehouse/Self-Storage)Approved l 07/03/2001 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 SK8 House Virginia Beach, LLC Agenda Item 5 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit request for an Indoor Recreation Facility, in Staffs opinion, is recommended for approval.The use is consistent with the Comprehensive Plan's land use policies for this area, as this type of use supports the recreational needs of residents, and is deemed a compatible use in both the SEGA 2 and the highest AICUZ. As the venue will be located within a unit in a retail shopping center,the anticipated traffic generated by the use 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 Lynnhaven North Shopping Center and is an excellent reuse of a former vacant retail space. The trees and shrubs that existed in the parking lot have been removed in recent years. Due to this, the site does not meet current standards. Staff recommends a condition that medium canopy trees and foundation plantings be installed. Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. This Conditional Use Permit is limited to Suite 101. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division,the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibits depicted on page 8 of this report. 5. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands. Foundation landscaping along the western side of the building shall be installed per the City's Landscape Guide.The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit. 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 Deportment for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. SK8 House Virginia Beach, LLC Agenda Item 5 Page 3 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 uses 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 façade improvement program 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 is developed with a shopping center and asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic South Lynnhaven Road 18,100 ADT 31,100 ADT'(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and Sunday,June 2, 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 May 27, 2019 • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10, 2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday,June 30, 2019 and Friday,July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday,June 26, 2019 to ensure that they were aware of the new hearing date. • This Staff report, as well as all reports for this Planning Commission meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 6, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,July 21, 2019 and Sunday,July 28, 2019. SK8 House Virginia Beach, LLC Agenda Item 5 Page 4 • 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 July 22,2019. • 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 August 2, 2019. SK8 House Virginia Beach, LLC Agenda Item 5 Page 5 Existing Site Layout _:. .s �v. k. \' '' ‘ t . \ a ;�-, Proposed Indoor ��L s:, Recreation Facility Y Suite 101 � s-- 56 parking _ spaces s ., ,�. - i- _ --- ;,. i a € ' : E►' w�Illao IAe.,..-7,;'** ---i. - -- ' - ,,,,----..a. --!.___, , III • "'—� Parking Agreement allows use of 167 parking spaces ' ;_' - - on property to the south t - _ _ -ANN --4- —__ti,. ter. .-� - • c; 1 ; t SK8 House Virginia Beach, LLC Agenda Item 5 Page 6 Landscape Plan Iiiiii, 1 , 1..:\ . ` ;• '@i N3AVHNNA1'S 009 CINVTT-sa VPJ'N OZLZ l 1 l k �,� - 1•• i 5 -NV7dDNLLNV7dOEIDWINH' tiF I ' . LL1. 1—I 1�' I 1 N-r i-TI-I I I 1 iJ\i ' 1 I 1 1 i IL ^,J.'7 w'l;' J J 0 � '1 I��ce i i 11 1 It ��O J LI I 1 r'''' i'-'-':-..11:1-;://,--7—;7 7'".-77 7 i MO Sr 7 -T-- -{VVV ;4, d .it, \\ 0‘1",- t----- - '-'4\''K\'(/ fl,;" '',f_.:: ''I-. .. 17-: (//iiii;.0\ , %.e..' ''' ,i1-) (.71/ r ,.. . . . . , .,, .. ,....,L: ,,8 ..-7. _,u., /), ,,Lf ,s. _ -- - ,/ J \------ --!.-- • \ ` orO _ , �s4'ram§ / ` `co- 1_ S t. S rear 4*,-� _J .a r'i ` NPJ cJ SK8 House Virginia Beach, LLC Agenda Item 5 Page 7 Proposed Floor Plan -L ; i;i: ..i. .*� -,z'z-4-r.4;;..---,z-.i--,',"-,-_f-,---,----:,--"_._.--- -. . , Ap,/,1 t..r4_,,....q , :., .,, 7 ,,,,,..-,-----,---. _-_,------ - . A • • •II• . .T. ,' i.,, }.ate:,.v',� 1 �/�� , 1 a 1f 11111:11111' ,,, I1111 •••a s r '. ._. r_ I 2, i • • • • _ ! i„ FUTURE l ;' i " `" t ' EI%%1,4%9:0Y%r O1ST FLOOR PLAN SK8 House Virginia Beach, LLC Agenda Item 5 Page 8 Proposed Signs s K 8 G00Ugig FAMILY ENTERTAINMENT CENTER C74 It -T\4 • _ _ LOCATION DESIGN n 1 0 4C Ht itEe�aI, I I A I 2 F T WIDE SK8 House Virginia Beach, LLC Agenda Item 5 Page 9 Site Photos ..4 It's a arg Surprise! W I �� SK8 House Virginia Beach, LLC Agenda Item 5 Page 10 Disclosure Statement N/13 Virginia Beach APPLICANT'S NAME Sk8 House Virginia Beach, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes 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 be updated tw: Page 1 of 7 Piammng Commission and City Cap ❑/( APPLICANT NOTIFIED i;t !it NO CHANCES AS OF -7/:' / .,(jj �,1/'01 i.S J o '-W '� S Ae- t� ❑ REVISIONS SUBMITTED DATE / SK8 House Virginia Beach, LLC Agenda Item 5 Page 11 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. �, Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Sk8 House Virginia Beach, LLC If an LLC, list all member's names: Robert Barnuevo, Alvin Barnuevo 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 proverty owner is different from Applicant. Ei Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Fi 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: Page 2 of 7 SK8 House Virginia Beach, LLC Agenda Item 5 Page 12 Disclosure Statement :ch If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Maoz Goldshtein (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 relationshi other than p p. parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or 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 SK8 House Virginia Beach, LLC Agenda Item 5 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of t your tax return Architect/ Landscape Architect/ A&I Design Land Planner Contract Purchaser(if other than �/ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El AL. purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors A&I Design.Beltway Sign Team,Inc. Engineers/Surveyors/Agents Financing (include current ❑ '�' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 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 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 SK8 House Virginia Beach, LLC Agenda Item 5 Page 14 Disclosure Statement Virginia Boa 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 meetinyL r mee ting of any public body or committee in connection with this Applie 'o . fi 1Snrh•.��c� 3/.9jiri APPL NATURE �% PRINT NAME DATE Page 5 of 7 SK8 House Virginia Beach, LLC Agenda Item 5 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ Siska Aurand 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) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 SK8 House Virginia Beach, LLC Agenda Item 5 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic ' n / G (/ Maoz Goldshtein 03/27/19 PRO R O SIGNATURE PRINT NAME DATE Page 7 of 7 SK8 House Virginia Beach, LLC Agenda Item 5 Page 17 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. SK8 House Virginia Beach, LLC Agenda Item 5 Page 18 Item#5 Sk8 House Virginia Beach, LLC Conditional Use Permit (Indoor Recreational Facility) 600 S. Lynnhaven Road, Suite 101 District—Rose Hall July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: The next applicant is item number five for SK8 House Virginia Beach, LLC, applicant, Mishorim Gold VAB, LP owner, and that is a Conditional Use Permit for an Indoor Recreational Facility at 600 South Lynnhaven Road, Suite 101 in the Rose Hall district. Hi, can you state your name for the record? Mr. Pungvewa: Hi, good afternoon. My name is Robert Pungvewa. Ms. Rucinski: And are the conditions acceptable to you? Mr. Pungvewa: Yes. Ms. Rucinski: All right, thank you. Is there anyone opposed to this application? I think you may be seated. Based on this, the chair has asked Jack Wall to read this into the record. Mr. Wall: Thank you. This is an application for a Conditional Use Permit for an Indoor Recreation Facility. The applicant proposes to renovate 27,000 square foot unit within an existing building near the Lynnhaven Mall for the purpose of creating a family entertainment center with a roller-skating rink,indoor children's jungle gym, and a gaming center with video games. A tap room with beer, wine, non-alcoholic beverages and food is also proposed. The Zoning Ordinance permits an indoor recreation facility of 7,500 square feet or less as a matter of right. Since the size of this facility is above that threshold, a conditional use permit is required. There's anticipated retained employees for each shift. Anticipated hours of operation are 10 to 8 a.m., 10 a.m.to 8 p.m., Monday through Thursday 10 a.m.to 10 p.m. Friday through Saturday and 10 a.m.to 8 p.m. on Sunday. The Zoning Ordinance requires a minimum of 135 parking spaces for the proposed use. The site only has 56 parking spaces,but the property owner has a shared parking agreement with where the employees and customers will have the ability to use 167 parking spaces on the property to the south. The conditions are acceptable to the applicant and Staff recommends approval. Therefore, we have placed this item on the consent agenda. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D1 have been approved by consent. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. This Conditional Use Permit is limited to Suite 101. 2. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance, unless authorized by the Board of Zoning Appeals, and shall be in substantial conformance with the sign exhibits depicted on page 8 of this report. 5. A Landscape Plan has been provided entitled, "Enlarged Planting Plan—2720 N. Mall Dr. and 600 S. Lynnhaven Road," dated 7/3/19 and drawn by Siska Aurand Landscape Architects. The Plan depicts the installation of medium canopy trees in the existing parking lot islands. Foundation landscaping along the western side of the building shall be installed per the City's Landscape Guide. The Landscape Plan shall be submitted to the Department of Planning and Community Development for approval in conformance with the City's Landscape Guide. Plantings shall be installed within ninety (90) days of City Council's approval of this Conditional Use Permit 2 ' 1-' /414, p i — .� I� t� a L v a� e ) < O 0 ! co f , .... / _ CV 1 ' - f J NI, 1 I L U Ca I II _ JOG r -I, J ( N N I) i A tQ Q L J U N ---------------in -.,1 . . . . .____-.7±.---,____I--i k . N't , 4 c i ,_ o in _________i---__.1 ,) 1 NINItkoo'N.- ,. _--------- i ` -., a' -c- ..,.. 77: 1---:\) 4 , N , z3 0 �f� '1:---3 111‘ G - -0 s �I M �.�,KU 9Ejc of -`��, •i Lt,. _ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MMR ASSOCIATES, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning approved by City Council on August 16, 2016 for the property located at 596 Princess Anne Road (GPIN 2308992078), COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 6, 2019 • Background: A conditional rezoning for the eastern portion of the property was approved by City Council on August 16, 2016. The rezoning enabled the property owner to construct a 50-foot by 100-foot storage building in support of the existing lawnmower repair business on the site. The 2016 proffered plan depicted the building 20 feet from the Morris Neck Road property line. While the site plan approved by the Planning Department depicted the building at the required setback, a note on the cover sheet incorrectly indicated a 0-foot setback. The foundation of the building was incorrectly installed 6.53 feet from right-of-way, rather than the 20 feet required. The inconsistency by Staff and the error of the contractor was discovered upon site inspection by the Zoning Inspector. A notice of violation was issued, and work on the property ceased. In response to the notice, the property owner is requesting a modification to the proffers in order to allow the building to be located within 6.53 feet of the property line. • Considerations: While Staff acknowledges the potential for confusion based on the error noted on the plan, Staff recommends denial of this application. Based on the size of the storage "shed", a 20-foot setback is deemed more appropriate than the current location, which is less than seven feet from the property line. Also, in 2016 the 20- foot setback was deemed acceptable in order to align the new building with the existing structure on the site. While the footing for the building was poured only 6.53 feet from the property line, there is an additional 25 feet of unimproved right-of-way between the property line and the edge of pavement. There is no known opposition to the request and the adjacent neighbor provided a letter of support to the modification. The Planning Commission unanimously recommended that the modification be approved noting that there was no opposition and that the existing edge of pavement is more than 30 feet from the storage building. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. MMR Associates, LLC Page 2 of 2 • Recommendations: City Staff recommends denial of this request. The Planning Commission passed a motion by a recorded vote of 9-0 to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. lk Submitting De' = , - , agency: Planning Department /� �7 Li City Manager. 1,1Aj Applicant & Property Owner MMR Associates, LLC Agenda Item Public Hearing July 10, 2019 City Council Election District Princess Anne 1 0 City uJ Virginia Beach Request Modification of Proffers (Conditional Rezoning approved by City Council on August t Munden Road 16, 2016) fa 9.0 Od,6. Campers Court r 2 Staff Recommendation Punt Ferry Road Denial Au,°me Caf60,slanpoeRnap 3 Staff Planner Q rr Kevin Kemp as Location a _� 596 Princess Anne Road fitrtown Road o GPIN 2308992078 6"1K 6 6 ,11... "*" Site Size 1.153 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Equipment sales, small engine repair/ B-2 `�r• Community Business Surrounding Land Uses and Zoning Districts North Morris Neck Road momoil Lumber yard,single-family home/ B-2 v Community Business, AG-2 Agriculture ; South Single-family homes/AG-2 Agricultural East h, y Single-family homes/AG-2 Agricultural West Princess Anne Road Convenience Store, gas station/ B-2 Community Business MMR Associates, LLC Agenda Item 10 Page 1 Background and Summary of Proposal • A conditional rezoning from AG-2 Agriculture to Conditional B-2 Community Business District was approved by City Council on August 16, 2016 on the eastern portion of the subject site. • A site plan was proffered that depicted a 50-foot by 100-foot metal shed to be located 20-feet from the property line adjacent to Morris Neck Road. • Several months ago, while performing inspections in the southern part of the City, a Zoning Inspector observed the shed being constructed closer to the property line than the 20-feet approved by the City Council. A notice was then issued to the property owner. • The foundation of the shed has been poured. That foundation is located 6.53-feet from the property line adjacent to Morris Neck Road. The property owner now wishes to modify the proffers of the original approval in order to keep the shed in the location where the foundation has been poured. All other construction activity on the site has ceased pending the outcome of this request. • The property owner received a copy of the approved plan set from the Planning Department prior to beginning construction. Although the approved plan depicts the shed at the 20-foot setback, Staff recognizes that the zoning stamp on the cover page incorrectly identifies the setback adjacent to Morris Neck Road as 0-feet. Zoning History - - # Request 4 1......____ILFzuer_ 2 1 CRZ(AG-2 to B-2.Approved on 8/16/2016 B 2 2 MOD Approved 06/21/2016 8-2' CRZ(B-2 to Conditional B-2)Approved 12/18/2002 CUP(Mini-Warehouse)Approved 12/18/2002 2 ori CRZ(AG-2 to Conditional B-2)Approved 11/13/2001 B-2' II CUP(Car Wash& Fuel Sales)Approved 11/13/2001 1 �' .i _, CUP(Gas Station)Approved 12/07/1999 0� REZ(AG-1 to B-2)Approved 05/29/1979 AG-2 3 MOD Approved 10/09/2012 AG-2 ar CRZ(AG-2 to Conditional B-2)Approved 06/24/2008 CUP(Warehouse)Approved 06/24/2008 II) ____I4 CRZ(AG-2 to Conditional B-2)Approved 12/20/2005 d ''-1 ._ _ CUP(Hardware Store)Approved 12/20/2005 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 MMR Associates, LLC Agenda Item 10 Page 2 Evaluation and Recommendation Staff recommends denial of this application to reduce the setback distance from Morris Neck Road. Although the proposed storage building is over 30-feet from the edge of pavement (25-feet of grassy public right-of-way), it is Staff's position that the 20-foot setback approved by City Council is more appropriate. The 20-foot setback was granted with consideration to the proposed building being in line with the existing building on the site, particularly given the size of the proposed building. Proposed Proffer Agreement 1. Proffer numbered 1 as contained in the 2016 Proffers recorded in the above referenced Clerk's Office as Instrument Number 20160822000743760 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PLAN PARCEL'A' SUBDIVISION OF PROPERTY OF I.V.JONES ET UX D.B. 2392 P. 2167 (PLAT)VIRGINIA BEACH, VIRGINIA,"dated March 27, 2019, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter "Amended Site Plan"). 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2016 Proffers remain in full force and effect. 2016 Proffer Agreement: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PLAN PARCEL 'A' SUBDIVISION OF PROPERTY OF I.V.JONES ET UX D.B. 2392 P. 2167 (PLAT)VIRGINIA BEACH, VIRGINIA," City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. When the building designated "Proposed Metal Storage Shed" is constructed, it will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "PROPOSED METAL STORAGE SHE FOR MM ROLLINS," dated June 14, 2016,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Picture Rendering"). 3. When the Proposed Metal Shed is constructed, the color of the exterior siding of the building shall be "Light Stone" with "Crimson Red"trim as depicted on the palette of"COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems. The color palettes as referenced herein have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Color Palettes"). 4. 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. 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. MMR Associates, LLC Agenda Item 10 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 being within the Rural Area.The Rural Area is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, equestrian facilities,wetland banks, and other similar uses. It is an important objective to protect and sustain all of our valuable environment, scenic, and agricultural resources against inappropriate activities and intense growth pressures. There are occasional commercially zoned nodes that can be called Rural Community Areas, like Back Bay and Creeds that are small in scale with a few houses next to some shops that provide basic retail shops and services that serve the immediate rural community rather than cater to a large geographic area. This development is accessory to an existing lawn mower repair facility that has operated in Creeds for a number of years.The business is intertwined with the Creeds community and is the right scale and character to this commercial node. The additional storage building remains in character with the area. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 3,764 ADT 1 15,000 ADT 1(LOS 3"D") Existing Land Use 2-35 ADT Proposed Land Use -No Change Morris Neck Road 560 ADT 1 9,900 ADT 1(LOS 3"D") expected 'Average Daily Trips 'as defined by a 4,500 3 LOS=Level of Service square foot tractor supply store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is classified as a minor suburban arterial roadway. There are currently no roadway CIP projects scheduled for this section of Princess Anne Road. Public Utility Impacts Water The site is currently served by a private well. City water is not available. Sewer The site is currently served by a private septic system. City sewer is not available. MMR Associates, LLC Agenda Item 10 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 10, 2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, May 26, 2019 and Sunday, June 2, 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 May 28, 2019. • Due to the cancelling of the June 12, 2019 Planning Commission, all items scheduled were moved to the July 10, 2019 Planning Commission Hearing. All items were advertised for a second time in the Virginia Pilot Beacon on Sunday,June 30, 2019 and Friday,July 5, 2019. Also, notification letters were re-sent to all adjacent property owners on Wednesday,June 26, 2019 to ensure that they were aware of the new hearing date. • This Staff report, as well as all reports for this Planning Commission meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 6, 2019. MMR Associates, LLC Agenda Item 10 Page 5 Proposed Site Layout ESTATE E t.eD R RODNE7750 LFp1AY T CASON 0.CASON 4EALTH 0 • D B 567 P A72 D 8 ±306 P 752 ?02 A. M B 10 P 59 M B 93 P.42 Z PARCEL A V 2308-98-1973 D P 17LER 1 20060426000O632650(P_. ZONED- AG-2 ),N `" No 'ev 2308-98-38» i 5 F..,--;1`E n earcdhA* ` 38395 ,9�¢ LOCATION OF STORAGE ' ass BUILDING APPROVED BY y CITY COUNCIL ON rARCEL A 12. 2375 99-,:c-6 " o 8/26/2016. `h. nAR Ut%}Ct .WkR AS SS =.;,, .�. ,p EkD x PiX}5240046±33A0 ! I r1:&.2473 P.859(PUT1 ..I 1 Ati 2306-99-30'6 „ M.24. 0511e4 tacAn4,5011w IVIED 48-2 I 1 I PROPOSED UETAL I I �..1S.TCLReCr like c.__I 31I^4 276 X r .�' 312 50 r LP* SITE PLAN "'"''VVVV ( I o h '7'59 35' ±T 5U8DIM PARCEL OF 0 I. V. JONES ET UX D5. 2392 P. 2167 (PLAT) EDGE OF PAVEMENT VIRGINIA BEACH, VIRGNIA PROPOSED VIBLRNUAI NORM NECK ROAD OrRfw) SCALE: i" 40' MARCH 27, 2G'5 AWABUKI 'CHINDO' 08 2392 P 2167(PLAT) MADE FOR (Ct4NDO VIBURNUM) M.M. MUMS 8' SPACING, 36- MIN HEIGHT, 7 TOTAL GALLUP AAPWARS a OM.WFERS m It 0Cant,OW 16-2 7 wry 24.lwar 304 Prom-nu • M M R Associates, LLC Agenda Item 10 Page 6 Aerial ,. lif 4 ,-7,,.:1-..----t_'-47--,...;./AT=4-4'w-...4„. „...„. `" `EQUESTED LOCATION 'r t. r APPROVED LOCATION ! sad �: spa z t,rs, ,...,..:._ '°°� x - , , ... , ,,,_ :,...,.;.7,..-„:,-.,.,, ,,,1.48,r--,4-4.14,„1,-,,,,,t.„4:_-;A.-----.y k:-Z '- --- ,--- ,--'' ' t MMR Associates, LLC Agenda Item 10 Page 7 Approved Storage Shed Design APPROVED DATE PLANNING DEPAR MMR Associates, LLC Agenda Item 10 Page 8 Approved Color Palette 11 tint to Last SIGNATURE I 4wor. . 1 : 1 I 1 1 I i 1 I minaiiimumminimaiiii ,lili zt ,I I En !Ili] 'Fiqi SIGNATURE 200 SAWNIM ItUt CRIPV.V4 RfO' FM C•fata [ ,„„--- — alai la a st la st.2 ICSIAN = tall What is Solar Reflectivity($R)? to >- Idermwt‘t,_.1 Ai*al a malaria la Meet Oka 0 CHAINMAL GMY itittGliat SADDLE TAN a_ EX II MP 1.1/11111k* Si 4 111 ft "WV IfOnl NI SAM teta ado ilia 0 all eraelm".**1 TI:adauttlit 1.11:0111rdicases" t 0 toO "nberma to tar onalaial absorbs MI gala.tWely alki P11 i ' a Vitae Of 1.0;WAS,Tri'terectanat Z ENERGY saw MOM ar V4.0m cl 0 LI 'POLAR MOT WSW SW 0 il MO.-5TtAr — 0 5 cc 1110.tar Mit Woe iaeort 4.Milt NIG V.* 2 12)swim and aa SR yak*c4 0 45 ._J cy/*Nutt tar Mae t2 12 a tess1 in an In al meats r ream attainsboa alma r as wa•••tareslettpa aJarasKal 54.an Despersoma walla,OM What is the IA SO SE X SCOW, IF AS 4.1.1 Solar ReRectence Index APPROVED (•.! ? ..i I) ii pi .ii,,,„ .4, - ssi is 40110 dorm,. SIGN Alleari"141111,4kjilical oa -qince+Ott MD reautftmnts MONO MIXIWN a wiettottel wawa-a fa AVM i litallane P I. ,:„ ".''ggar..../erelilillit.a War*vatas ay reltedarta a-a PIMPING DEP Tor T - C"-Starta a a fmatt ars • lasistatioltalasta -b*, Va•arae abearwa felet70 k • ilmagaimommor momisresissetto ,"IPte att.,aegt,renerts a Kris* •lalteliffiliadisdara •-re*ha',int here ar SR=at 29 Or •adliallefatialletavanrs mats.Tr a'a..ear veallaaNnahleager Clew Flat =ralkhaealaarer„air UK sustilln4 Noel*Or Steep sio tabe.01 2 121 • Okatatat law Wart,.neliiiiilaPiitiellellia •aotra a•al a,SR t,.*at la to t limaglasimait ataa waft mar diapason*tautatataaralat ,Eta,-a.ta,lava I?17 ar WO slimmairiessowewsloi.flOsi latimmoniamilaw ems iir alledwiniaareplan Walk oftatiscaholsoutermaim on .sr.-a rz"we rra,mitcr • ININIPOitiftWilear iira,+•re/0 Villtit,..-41.hre HERITAGE BUILDING SYSTEMS. 1.800.643.5555 emsoidkno try ,--) wwwiteritagebeliciings.com .0........., k-a44 0,,.e.WEE.NES :tiat to Last kII ' / ', I M M R Associates, LLC Agenda Item 10 Page 9 Site Photos 7,4 S��o vA�EAaE VIEW FROM N.E.CORNER Pp• QAnxen��tou OF SITE LOOKING S.W. t.. Jam. a • • 4Dil+oxin14rE1: - - orPROPER rr UNE p P �O cCC:O� '''‘ -. VIEW FROM MORRIS NECK ROAD LOOKING EAST M MR Associates, LLC Agenda Item 10 Page 10 Site Photos 3 - p, K""L' pOXifMTf OCS Vi C)F- - VIEW FROM N.E.CORNER OF EXISTING BUILDING LOOKING EAST 04.0111,11. P\yA SOP "`- - VIEW FROM MORRIS NECK ROAD LOOKING WEST M M R Associates, LLC Agenda Item 10 Page 11 Disclosure Statement 11/4B Virginia Beach APPLICANT'S NAME MMR Associates. L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE �_. Page lof7 MMR Associates, LLC Agenda Item 10 Page 12 Disclosure Statement q\B Virginia Beach Check here if the APPLICANT,.IS NOT_a corporation, partnership, firm, business,or other unincorporated organization. IlDCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:►MAR Associates.L L C _ If an LLC,list all member's names: Marvin M Rotins Jr President Gayle 8 Rollins Vice President/Secretary If a CORPORATION, list the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 t • 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. ri Check here if the PROPERTYOWNFR 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 MMR Associates, LLC Agenda Item 10 Page 13 Disclosure Statement Ihrf3 Virginia Beach If a Corporation, list the names of all officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the 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 aoolication 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 MMR Associates, LLC Agenda Item 10 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ © Accounting and/or preparer of your tax return J IN Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ © the A.plicant)-identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) aConstruction Contractors Ed Engineers/Surveyors/Agents 1 Gallup Surveyors&Engineers,Ltd. t Financing(include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) o0 Legal Services Sykes,Bourdon,Ahem&Levy,P.0 Real Estate Brokers / n 0 Agents/Realtors for current and anticipated future sales of the subject roe _ ♦ • 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 M M R Associates, LLC Agenda Item 10 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A nnlirorinn MMR Associates,L L C Marvin M. Rollins,Jr., President CfA /y By `I/Gl.''vti-p /fl. /�o u... 4 APPLICANTS SIGNATURE PRINT NAME DATE / Page 5 of 7 MMR Associates, LLC Agenda Item 10 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. MMR Associates, LLC Agenda Item 10 Page 17 Item #10 MMR Associates, LLC Modification of Proffers 596 Princess Anne Road District—Princess Anne July 10,2019 RECOMMENDED FOR APPROVAL Mr. Fisher: The first item being heard today is Item No. 10 MMR Associates, LLC. This is an application for a modification of proffers on property located at 596 Princess Anne Road and the Princess Anne District. Will a representative please come forward. Mr. Bourdon: Chairman Oliver, members of planning commission, again Eddie Bourdon, Virginia Beach attorney representing MMR. I am passing around two letters of support from the only two adjacent property owners to the Creeds Hardware Annex lawn mower repair property at the corner Morris Neck Road and Princess Anne Road in downtown Creeds. Long before our current President decided to run for president, I used to refer to my client as the Donald Trump of Creed's, his father built the building that's the general store from Mr. Jones way back in what I believe was in the 50s and over the years, this rural Hamlet which is what our comprehensive plan seeks to encourage not have, you know, stuff spread out all over the place Pungo and Creeds are two of those Hamlets has been developed by this applicant pretty much single handedly. The old fire station is across the street, the new fire station, which he and Mr. Williams, Mr. Frank Williams gave the land to the city for the new fire station many years ago. The little hamlet of Creeds includes gasoline, small convenience store, gasoline sales, laundromat, food in the saddle store, Redhead Bay Cafe, which is a small restaurant, self storage facility, the very popular hardware store, and the Annex where the lawnmower repair takes place and businesses got down in the rural part of Virginia Beach,the situation that took place here, as you all heard in the informal this morning, or a couple of mistakes that occurred and as a result of before I go into that, let me also mention, the general store which is now the Annex where the lawnmower repair business Annex for the hardware store that is set back approximately 12 feet from Morris Neck Road at the front corner,the back corner is roughly setback about 20 feet from the property line. And to be clear, Morris Neck Road, the actual paved road where it's been for century, and I would submit will be for the next century is entirely in the northern half of the 50-foot right-of-way consequently,where we are proposing this modification based on the unfortunate set of circumstances that we'll discuss a little bit and you'll discuss this morning will be more than 30 feet off of Morris Neck Road. And as was stated by a number of members this morning, the amount of traffic on Morris Neck Road is very light. I would suggest there might be almost as many bikes that ride down Morris Neck Road from what I've seen on being down there on a couple of weekends where there just packs of folks on bikes. You don't see packs of cars going down Morris Neck Road,that's for sure. So when the plans were for this accessory structure when those were submitted and reviewed and 1 approved and my client had those picked up, it has always been the case, you know, the staff stamps, I don't read stamped approve plan and what the setbacks are and as Mr. Kemp completely, totally accurately described. Apparently, there was a mistake made, clearly a mistake made and they put zero setback. The plans were given to the contractor to put in the foundation that was dug. A footing inspection was called for, a footing inspection took place and it was approved before all the rebar, the steel and the concrete were poured and that's what again, you've seen all of that. So it wasn't just somebody at the counter who reviews and checks this before they stamp it, but to Ms. Rucinski's point I'm not going to try to steal your thunder or whatever you want to say, you know, I would not disagree with your assertion that Mr. Rollins should have been more aware of the fact when this all took place,that it varied from,you know,what was on the plans that were approved by Planning Commission City Council and frankly, that was one of the first things that Marvin didn't, you know, why didn't you call me. Well, you know, for 50 years, whatever Bob or whatever, any that, you know, the folks at City, what they stamp on there, that's what you're, you know, to go by. So that's what happened and the contractor did exactly what was on those plans, exactly what was approved, and what was dug and inspected before it was ever. So that's the facts, those are what happened regrettable, regrettable all the way around. I certainly am not trying to blame the city for this entirely, the mistakes were made. We're all humans; we all make them. The reality of this circumstance and again, I wouldn't be here if it didn't,in my view,make sense,just from an overall,you know,end result is because the road is where it is, the position of this structure will still be, you know, more than adequately distanced from the lane of traffic from the ditch from everything else that's out there. So it is not going to create any safety hazard, any visibility issues whatsoever. My clients willing to plant more trees, plant trees or bushes along the front, whatever, there is no opposition to this; the neighboring property owners have no opposition to it. Even the person, who had concerns about it when it was originally approved, has not expressed any opposition to this. So you know, we all make mistakes, one of the things this is kind of little off,but Mr. Kemp was, I think way too harsh on both the development community and his folks. I've been doing BZA hearings pretty much every month for the last, you know, 20 some odd close to 30 years. There aren't two of these a month, there might be four or five in the course of a year, but they do happen. I mean, not you know, this may be a little more than some but what Mr. Kemp described this morning does occur, but we certainly don't have nearly that many of these situations that do occur, I'd say that my experience probably maybe five or six a year at most. And again, not quite to the degree that this mistake, most of them are exactly as Kevin described, you know, somebody didn't measure right, and they're off a foot or less. So that's where we are. This is a proffered modification, so there aren't any conditions attached if you believe that there is, you know, no real damage done here. We would appreciate your recommendation for approval. Appreciate totally where staff is coming from in their report and be happy to answer any questions any of you may have. Ms. Oliver: Thank you. 2 Mr. Bourdon: Thank you. Ms. Oliver: We have any speakers? We don't have any speakers. We have any questions. Mr. Alcaraz: Can you confirm the inspection? Mr. Tajan: Yes, a footing inspection was performed we check our system. Unfortunately, due to the error on the stamping, we were unsure of how the stamp appeared on the plan. It was missed during the footing inspection because they rely on the stamps as well. I will note though that the cycling itself did show the building in the proper location, so as Mr. Bourdon referenced there are enough errors around for this one. Ms. Oliver: Yes Ron. Mr. Horsley: I'll start on this, I said this morning in the informal session, I said, you know, we can put blame on two different places here but make a long story short is what's occurred here is unfortunate event but this is a real no adversity taking place from here, there's not a safety hazard, Mr. Bourdon has already mentioned that is not a safety hazard. The adjoining property owners of both we got letters and one of them in particular is told me, he said Don I don't have a problem with that. It's not gonna affect anything; Morris Neck Road is not a main thoroughfare. It looks like it did when I came here 50 years ago, and I think it looks that way 50 years from now, I don't think it's gonna be a hazard,just unfortunate occurrence. And I think we need to move on and approve this application. Mr. Redmond:Well, I agree with Mr. Horsley. He's exactly right. It's unfortunate,but, you know, people do make mistakes. I've probably made a couple of them already today. We all do. It is unfortunate, and I don't in any way want to suggest that people can ignore their own plans and build whatever they want based on that. And I don't think that's what happened here. I just think the applicant made some mistakes, Lord knows city-based mistakes, which I would suggest probably would require a little bit of forensic analysis to try and figure out how things got that way. So that we don't again, I mean, this doesn't happen all the time. But it does happen sometimes. Sometimes, it can cause problems much larger than this. This is not a mountain; it is a mole hill and Mr. Horsley is exactly right, Morris Neck Road, there is no safety issue whatsoever and no real purpose,no public benefit would be served by causing the applicant to dig all this stuff up and start over again. It just would be fruitless and so I agree with Mr. Horsley and tend to support it. Ms. Oliver: Okay, yes, Jack. Mr. Wall: In cities, you know, recommendation for denial, you know that, that provides usually, you know, a lot of weight in it and it does, you know, provide a good recommendation and a sound. Usually it's a very sound recommendation and it probably still is but I think that this is such that it's not a recurring incident that would set precedence in a setback into this nature, so I mean, I'd be in favor of approval. Ms. Oliver: All right, yes Mr. Inman. 3 Mr. Inman: I will make a motion to approve the application. Mr. Horsley: Second. Ms. Rucinski: Second. Okay, well, wait a minute. Doesn't that approve their denial? Mr. Horsley: No, approve the application. Ms. Oliver: Hold on,just one second please. Mr. Kemp. Mr. Kemp: How would we go about if they denied the application recommend, what I would do is I would recommend approval of the application as submitted because when it goes forward, it will have staffs recommendation of denial of request, and then it will have Planning Commission's recommendation of approval because the request remains the request. So if you're approving the request, you're approving what the applicant is saying. Ms. Wilson: Correct, and the motion is for approval. Ms. Oliver: Okay. Ms. Wilson: We need a second. Mr. Redmond:I second. Mr. Horsley: Second. Ms. Oliver: Don gave it. Ms. Garrido: Vote is open. Mr. Fisher: By vote of 9-0, Item No. 10 MMR Associates, LLC has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER ABSENT 4 May 20, 2019 TO MR EDDIE BOURDON My name is Douglas Saunders owning a property at 5668 Morris Neck Rd. Marvin Rollins informed me a mistake was made on placement of his new metal building. Marvin & I join properties on the east. Our property lines run north and south. After looking at the location of the building on Morris Neck Road and my property lines, there is no concerns that would be created by the location where the building is. 1 support Mr. Rollins and the existing location of this building. Regards Douglas Saunders . May 20, 2019 To Whom It May Concern: I own and live at 594 Princess Anne Rd. Marvin Rollins is my Neighbor at 596 Princess Anne Road. Our properties adjoin on the southern boundaries. Marvin spoke with me about a mistake has been made on the location of the building, he is in the process of building. As a neighbor& adjoining landowner, it is absolutely not a problem of the location for this building to remain as is. Sincerely g Rodneyason 40.1•11A$FAc. L CITY OF VIRGINIA BEACH ' 4 INTER-OFFICE CORRESPONDENCE .p1 6 5 OF OUR NPSv3N In Reply Refer To Our File No. DF-10252 DATE: July 26, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsonV DEPT: City Attorney RE: Conditional Zoning Application; MMR Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 6, 2019. I have reviewed the subject proffer agreement, dated April 16, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS MMR ASSOCIATES, L.L.C., 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 16th day of April, 2019, by and between MMR ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach,containing approximately 27,150.7 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference (the"Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional B-2 Community Business District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated June 14, 2016, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160822000743760 (hereinafter "2016 Proffers") to shift the building location; and GPIN: 2308-99-2078-00oo (Part of) Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS,the Grantor has voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes 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 the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. Proffer numbered i as contained in the 2016 Proffers recorded in the above referenced Clerk's Office as Instrument Number 20160822000743760 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PLAN PARCEL 'A' SUBDIVISION OF PROPERTY OF I.V. JONES ET UX D.B. 2392 P. 2167 (PLAT) VIRGINIA BEACH, VIRGINIA", dated March 27, 2019, prepared by Gallup Surveyors & Engineers, Ltd., 2 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Amended Site Plan"). 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2016 Proffers remain in full force and effect. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: MMR Associates, L.L.C., a Virginia limited liability company By: 7 '?ai rli I (SEAL) Marvin M. Rollins,Jr., Pres' ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this /G day of April, 2019, by Marvin M. Rollins, Jr., President of MMR Associates, L.L.C., a Virginia limited liability company, Grantor. ruing, Notary Public ..‘`'N R. Ty�''�., YP My Commission Expires: -1'i I 20, at) q r ;O REG • , Notary Registration Number: a7/31 I 'a 277311 Ole COMMISSION a .,y; EXPIRES 2� li.•%.41/30/2019• .n 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land together with the buildings and improvements thereon and the appurtenances thereunto belonging,lying and situate in the City of Virginia Beach,Virginia, being the easternmost 27,150.7 square feet of that parcel known, numbered and designated as Lot or Parcel A, 1.153 acres, as shown on that certain plat entitled, "Subdivisions of Property of I.V. Jones, et ux, D.B. 274 P 223, Creeds, Pungo Borough, Virginia Beach, Virginia, Scale 1" = 4o', 9 Nov. 1984, prepared by Bruce W. Gallup, Land Surveyor,which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2392, at Page 2167. Said piece or land being more particularly described as beginning at a pin along the southern right of way line of MORRIS NECK ROAD at the northeast corner of Parcel A (D.B. 2392, PG 2167) and from said point beginning South 12° 09' 19"West, a distance of 159.93 feet to a pin; thence North 81°58'34" West, a distance of 113.31 feet to a point; thence North 18° 04'58" East, a distance of 172.92 feet to a point along the southern right of way line of Morris Neck Road;thence running along the southern right of way line of Morris Neck Road South 77°59'35"East,a distance of 155.00 feet to the Point of Beginning. GPIN: 2308-99-2078-00oo(Part of) H:\AM\Mod of Proffers\MMR Associates\596 Princess Anne Road\ist Amendment to Proffers.docx 6 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION 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 COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD 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 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/09/2019 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 BC DNOMO 0 L W 0 O C YLNOUWS 0 T THEEES S E O O E T I R Y S S ER NDN CITY MANAGER'S BRIEFINGS A. ECONOMIC IMPACT OF David Trimmer, AGRICULTURE Director— Agriculture B. BUILDING IN THE FLOODPLAIN Bobby Tajan, Director—Planning and Community Development C. PRESERVATION OF CONDOLENCE Emily Labows, ITEMS AND MEMORIAL UPDATE Director—Cultural Affairs Anne Miller, Manager—History Museums D. MOTORIZED SCOOTERS Brian Solis, (E-SCOOTERS) Assistant to the City Manager for Special Projects E. RELOCATION OF PUBLIC WORKS& Thomas M.Leahy, PUBLIC UTILITIES—LASKIN ROAD Deputy City ANNEX Manager II/III/IV/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/A-E F. MINUTES APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y July 2,2019 A N E D G. MAYOR'S PRESENTATION Andrew Houston, I. VBSTRONG CHARITY CAR SHOW Chris Jones,Mark Evans,and John Herbert I.1. Ordinance to ESTABLISH CIP#3-174 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y "Operations Facilities Renovations"and APPROPRIATE$982,121 from the General Fund Balance and TRANSFER $3,017,879 from existing CIP projects re consolidate Municipal Center Facility Planning 1.2. Ordinance to AMEND City Code Section ADOPTED,AS 10-1 Y Y Y Y Y Y Y Y Y N Y 7-59.1 re riding wheeled devices or REVISED vehicles in the Resort Area 1.3. Ordinance to APPROVE a Cooperative ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2020 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/09/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 LW 0 O C Y LNOLIWS 0 T THEEES S E O O E T I R _ Y S SERNDN 1.4. Ordinance to ACCEPT and ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$916,066 from the State to the FY 2019-20 Department of Human Services Operating Budget and AUTHORIZE twelve(12)new positions re Jail and Re-Entry Services Coordination Pathway J.1. H&S DEVELOPMENT GROUP, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/COLUMBIA CLUB OF CONDITIONED VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—BEACH (Deferred from August 7,2018) K. APPOINTMENTS: RESCHEDULED BYCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BIKEWAYS AND TRAILS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE James Raynor 3 Year Term 7/9/2019-6/30/2022 DEVELOPMENT AUTHORITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Nneka Chiazor 4 Year Term 9/1/2019-8/31/2023 L/M/N ADJOURNMENT 6:40 PM