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08-20-2019 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL tirtv+•s�1/4., MAYOR ROBERT M. "BOBBY"DYER,At Large ,. �aA VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 o5� JESSICA P.ABBOIT Kempsville-District 2 ��✓j��_'.` 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 U r l � '\ 1 S BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large '*r, ,•` AARON R.ROUSE,At Large ' OUR Rrt`O` GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR August 20,2019 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:00 PM A. VIRGINIA BEACH SPORTS CENTER UPDATE Richard D. Martinec, Project Manager—Public Works Nancy Helman, Director of Sports Marketing—Convention and Visitors Bureau B. EMERGENCY MEDICAL SERVICES (EMS) 2018 ANNUAL REPORT Chief Edward Brazle C. REGIONAL BROADBAND INITIATIVE UPDATE Peter Wallace, Director—Information Technology Debra Bryan, Associate City Attorney II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Dr. B. Theron Williams, Presiding Bishop Churches in One Accord and Kingdom Reign 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 August 6, 2019 G. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLVI Robert A. Broermann and Court Kim and Pat Shuler, Celebration Chairmen H. PUBLIC HEARINGS 1. EXCHANGE OF EXCESS CITY PROPERTY Residual of the Site at 1416 Kempsville Road 2. POLLING PLACE CHANGE Central Absentee Voter Precinct at Municipal Center to 577 Central Drive 3. TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Application to VDOT-Pedestrian and Bicycle Enhancements I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 10-1 of the City Code to Change the Polling location re Central Absentee Voting to 577 Central Drive 2. Ordinance to ADD Section 7-58.1 and to AMEND Section 7-59.1 of the City Code re limit the operation of motorized scooters in certain areas and upon certain streets (requested by Mayor Dyer,Vice Mayor Wood and Counsel Members Jones and Wilson) 3. Resolutions to SUPPORT the City's applications for funding from the Virginia Department of Transportation(VDOT) for FY 2020-21 and FY 2021-22: a. Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements b. Revenue Share Program re three(3) Roadways Capital Improvement Program Projects 4. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 5. Ordinances re Compensation to City Council Appointees effective July 1, 2019: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 6. Ordinance to APPROPRIATE $1,667,976 in Fund Balance and TRANSFER$142,240 from the Public Utilities Regular Reserve re relocation of staff 7. Ordinances to ACCEPT and APPROPRIATE: a. $3-Million from the Virginia Department of Criminal Justice Services to the Office of Emergency Management re victim services related to May 31 event b. $1-Million from the Virginia Department of Transportation(VDOT) State of Good Repair/Primary Extension Program to Capital Project 2-026 Street Reconstruction II re road paving projects c. $1,104,721 in Federal Pass-Through Surplus and$276,180 in State Surplus from the Virginia Department of Transportation (VDOT) Highway Infrastructure Program to Capital Project 2-049 Centerville Turnpike Phase II and TRANSFER$1,380,901 to Capital Project 2-110 Nimmo Parkway Phase VII-B K. PLANNING 1. TOWN CENTER ASSOCIATES 9,LLC for a Special Exemption of Alternative Compliance re multi-tenant blade sign at 4556 Commerce Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change of Zoning from R- 10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay)re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE (Deferred from June 4, 2019) APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 3. PRINCESS ANNE HOTEL, LLC / CITY OF VIRGINIA BEACH for a Modification of Proffers at the Northeast intersection of Princess Anne Road & Community College Place DISTRICT 1 —CENTERVILLE (Approved April 16, 2019) RECOMMENDATION: APPROVAL 4. DAVID W. & KIMBERLY B. LEE for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 617 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JOHN E.&JENNIFER K.ALEX for a Street Closure re one-half of an unimproved,unnamed alley adjacent to the rear of 536 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. Ordinance to ADD Section 223.02 and AMEND Section 501 of the City Zoning Ordinance(CZO) re Assembly Uses in Residential Zoning Districts RECOMMENDATION: APPROVAL 7. DRAYBUN SAJO, LLC for a Conditional Use Permit re assembly use at 5592 Sajo Farm Road DISTRICT 2—KEMPSVILLE APPLICANT REQUESTS INDEFINITE DEFERRAL RECOMMENDATION: APPROVAL 8. KI KENNELS,LLC/KAREN BRUMLEY POOL for a Conditional Use Permit re commercial kennel at 6444 Knotts Island Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW &ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************************ 08/20/2019 jag I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:00 PM A. VIRGINIA BEACH SPORTS CENTER UPDATE Richard D. Martinec, Project Manager—Public Works Nancy Helman, Director of Sports Marketing—Convention and Visitors Bureau B. EMERGENCY MEDICAL SERVICES (EMS) 2018 ANNUAL REPORT Chief Edward Brazle C. REGIONAL BROADBAND INITIATIVE UPDATE Peter Wallace, Director— Information Technology Debra Bryan, Associate City Attorney II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Dr. B. Theron Williams, Presiding Bishop Churches in One Accord and Kingdom Reign 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 August 6, 2019 G. MAYOR'S PRESENTATION 1. RECOGNITION OF KING NEPTUNE XLVI Robert A. Broermann and Court Kim and Pat Shuler, Celebration Chairmen H. PUBLIC HEARINGS 1. EXCHANGE OF EXCESS CITY PROPERTY Residual of the Site at 1416 Kempsville Road 2. POLLING PLACE CHANGE Central Absentee Voter Precinct at Municipal Center to 577 Central Drive 3. TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Application to VDOT - Pedestrian and Bicycle Enhancements S s T"deed u'�„n i' t5 s r-. L ti ..w PUBLIC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and exchange of City- owned property, Tuesday, August 20,2019 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property consists of 0.294+/- acres and is described as the residual of the site located at 1416 Kempsville Road, GPIN: 1465-37- 6726 after portions are used for road improvements from the Indian River Road and Kempsville Road Intersection Improvements Project, CIP 2-418.000(the"Project"). The purpose of this hearing will be to obtain public input to determine whether the property should be declared "excess of the City's needs"and conveyed so it may be assembled with adjacent property,in settlement of litigation. 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). Any questions concerning this matter should be directed to the Office of Real Estate,Building#23, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. All interested parties are invited to attend. Amanda Barnes City Clerk Virginian-Pilot Classifieds: August 11,2019 t `3,7.77, --j) 4 vs. ,,,,4" ,ilk, „,,tt„,...../..ti ,,........... PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE CENTRAL ABSENTEE VOTER PRECINCT The City Council of Virginia Beach, Virginia at its formal session on August 20,2019 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Central Absentee Voter Precinct.The public hearing will be held at the City Council Chamber in City Hall. If adopted, the new polling location for Central Absentee Voter Precinct would be 577 Central Drive. A copy of the aforesaid ordinance may be inspected in the Office of the City Clerk, 2401 Courthouse Drive, . 5 Municipal Center, Building 1, Virginia Beach,Virginia,23456. 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 (TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Amanda Barnes City Clerk Beacon:August 11&18,2019 Sys NOTICE OF PUBLIC 4 HEARING City Application for FY 2021 and FY 2022 VDOT Transportation Alternatives Set-Aside Program On Tuesday, August 20th 2019, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing related to the City's applications for the Virginia Department of Transportation(VDOT)Transportation Alternatives Set- Aside Program for community improvements, pedestrian, and bicycle enhancements throughout the City. This program is for funding in Fiscal Years 2021 and 2022.The A City's applications are for the following five projects: Bay t Colony Drive Sidewalk-Phase I; Independence 1 N Boulevard/Columbus Street Pedestrian Improvements; i hilt '` Indian Hill Road Sidewalk; Parliament Drive Sidewalk - . Phase I; and Sandbridge Road Sidewalk. Copies of each application are on file with Public Works / Engineering in Building 9 of the Virginia Beach Municipal Center. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the hearing. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD—711. Amanda Barnes, MMC City Clerk I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 10-1 of the City Code to Change the Polling location re Central Absentee Voting to 577 Central Drive 2. Ordinance to ADD Section 7-58.1 and to AMEND Section 7-59.1 of the City Code re limit the operation of motorized scooters in certain areas and upon certain streets (requested by Mayor Dyer, Vice Mayor Wood and Council Members Jones and Wilson) 3. Resolutions to SUPPORT the City's applications for funding from the Virginia Depailiiient of Transportation(VDOT) for FY 2020-21 and FY 2021-22: a. Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements b. Revenue Share Program re three (3) Roadways Capital Improvement Program Projects 4. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 5. Ordinances re Compensation to City Council Appointees effective July 1, 2019: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 6. Ordinance to APPROPRIATE $1,667,976 in Fund Balance and TRANSFER $142,240 from the Public Utilities Regular Reserve re relocation of staff 7. Ordinances to ACCEPT and APPROPRIATE: a. $3-Million from the Virginia Department of Criminal Justice Services to the Office of Emergency Management re victim services related to May 31 event b. $1-Million from the Virginia Department of Transportation (VDOT) State of Good Repair/Primary Extension Program to Capital Project 2-026 Street Reconstruction II re road paving projects c. $1,104,721 in Federal Pass-Through Surplus and $276,180 in State Surplus from the Virginia Department of Transportation (VDOT) Highway Infrastructure Program to Capital Project 2-049 Centerville Turnpike Phase II and TRANSFER $1,380,901 to Capital Project 2-110 Nimmo Parkway Phase VII-B 52 4), CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for Central Absentee Voting MEETING DATE: August 20, 2019 ■ Background: The main office for the Virginia Beach Voter Registrar is moving from the Municipal Center to 577 Central Drive. Because the office serves as the polling location for the City's absentee voting, an amendment to the listing of polling locations in the City Code is required. ■ Considerations: The Voter Registrar plans to move to the 577 Central Drive location on or about August 30th, which allows sufficient time to prepare for the absentee voting that commences on September 20th. The proposed action is required to be completed at least 60 days prior to the November General Election and Special Elections. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia, a notice of this proposed change has been published in the newspaper once a week for two consecutive weeks, and as provided in the published notice, there will be a public hearing at the August 20, 2019 Formal Session. ■ Recommendations: Adopt the proposed change. ■ Attachments: Ordinance Recommended Action: Approval r Submitting Dep n ency: Voter Registrar City Manager: 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR 3 CENTRAL ABSENTEE VOTING 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Kempsville Church of Christ 92 Red Wing Seatack Elementary 93 Rock Lake Salem Elementary School 94 Rosemont Forest Rosemont Forest Elementary School 95 Roundhill Salem High School 96 Rudee Virginia Beach Volunteer Rescue Squad 97 Building 98 Salem Woods Parkway Elementary School 99 Sandbridge Tabernacle United Methodist Church 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Great Neck Baptist Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter Agriculture/Voter Registrar Building 121 Precinct 577 Central Drive 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: oter Regi trar City A or ey's Office CA14818 R-1 August 2, 2019 �Nu st9�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 7-58.1 and to Amend Section 7-59.1 of the City Code to Limit the Operation of Motorized Scooters in Certain Areas and upon Certain Streets MEETING DATE: August 20, 2019 • Background: In August 2018, the City first experienced an influx of motorized scooters. In the intervening twelve months, the City Council has received multiple reports from citizens, business owners and local physicians that motorized scooters are directly responsible for multiple skeletal factures and head injuries. The Council has also received reports that local businesses are hampered and the orderly movement of pedestrians is disrupted by the operation of motorized scooters upon sidewalks and the discarding of such scooters upon the sidewalk and other rights-of- way. The Council desires to address activities that are hazardous to the health and well-being of its citizens and visitors. • Considerations: The City Council believes targeted geographical restrictions upon the operation of motorized scooters prioritizes the movement of pedestrians and bicycles in a densely-populated area where the citizens and visitors are most likely to traverse by foot or bicycle. To that end, the attached ordinance provides a geographical restriction upon motorized scooters in the area bounded by the east side of Arctic Avenue on the west, the Atlantic Ocean on the east, Rudee Loop to the south, and the north side of 42nd Street to the north. The Council further believes the limitations upon motorized scooters upon streets with speed limits in excess of 25 miles per hour will avoid the most horrific and possibly deadly of injuries associated with the operation of motorized scooters. Accordingly, the attached ordinance limits motorized scooters to those streets with a speed limit of 25 miles per hour or less. • Public Information: Public information will be provided through the normal Council agenda process. The topic of motorized scooters was discussed at the Informal Session of August 6, 2019, and that Informal Session was broadcast on VBTV and the City's website. • Attachments: Ordinance Requested by Mayor Dyer, Vice-Mayor Wood and Councilmembers Jones and Wilson REQUESTED BY MAYOR DYER, VICE-MAYOR WOOD, AND COUNCILMEMBERS JONES AND WILSON 1 AN ORDINANCE TO ADD SECTION 7-58.1 AND TO 2 AMEND SECTION 7-59.1 OF THE CITY CODE TO LIMIT 3 THE OPERATION OF MOTORIZED SCOOTERS IN 4 CERTAIN AREAS AND UPON CERTAIN STREETS 5 6 Section Added: 7-58.1 7 Section Amended: 7-59.1 8 9 WHEREAS, the City Council has received multiple reports from citizens, 10 business owners, and local physicians that motorized scooters are directly responsible 11 for multiple skeletal factures and head injuries; 12 13 WHEREAS, the City Council has received reports that local businesses are 14 hampered and the orderly movement of pedestrians is disrupted by the operation of 15 motorized scooters upon sidewalks and the discarding of such scooters upon the 16 sidewalk and other rights-of-way; 17 18 WHEREAS, the City Council desires to address activities that are hazardous to 19 the health and well-being of its citizens and visitors; 20 21 WHEREAS, the City Council believes targeted geographical restrictions upon the 22 operation of motorized scooters prioritizes the movement of pedestrians and bicycles in 23 a densely-populated area where the citizens and visitors are most likely to traverse by 24 foot or bicycle; 25 26 WHEREAS, the City Council believes the limitations upon motorized scooters 27 upon streets with speed limits in excess of 25 miles per hour will avoid the most horrific 28 and possibly deadly of injuries associated with the operation of motorized scooters. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Code of the City of Virginia Beach is hereby amended and reordained to add 34 Section 7-58.1 and to amend Section 7-59 to read as follows: 35 36 Sec. 7-58.1. — Motorized Scooters 37 38 a. In addition to all other regulations set forth by this Article, it shall be 39 unlawful for any person to operate a motorized scooter in the area 40 bounded by the east side of Arctic Avenue on the west, the Atlantic Ocean 41 on the east, Rudee Loop to the south, and the north side of 42nd Street to 42 the north. 43 44 b. It shall be unlawful for any person to operate a motorized scooter upon 45 any street with a speed limit in excess of 25 miles per hour. 46 47 . . . . 48 49 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the 50 resort area. 51 52 (a) During the resort season, it shall be unlawful for any person to ride an 53 electric personal assistive mobility device, electric power-assisted 54 bicycle, moped, or motorized skateboard or motorized scooter on 55 Atlantic Avenue. 56 57 (b) Notwithstanding the prior subsection, motorized scootcrs may bo 58 operated on the trolley lames of Atlantic Ave 59 60 (c) It shall be unlawful at any time for any person to ride on any sidewalk in 61 the resort area an all-terrain vehicle, a bicycle, electric power-assisted 62 bicycle, electric personal assistive mobility device, motorized 63 skateboard, motorized scooter, skateboard, scooter, or any pedal- 64 powered vehicle that is muscle-powered or any muscle-powered device. 65 However, the use of roller blades and roller skates is permitted. A 66 violation of this sub-section shall be punished by a civil penalty of not 67 more than fifty dollars ($50.00). 68 69 (d) It shall be unlawful at any time to operate an electric powered utility cart 70 on Atlantic Avenue or upon the sidewalks along Atlantic Avenue. An 71 electric powered utility cart may be operated on any sidewalk in the 72 resort area other than Atlantic Avenue and may cross Atlantic Avenue 73 for the purpose of accessing the boardwalk or beach. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: e of the City Attorney CA14822 R-1 August 14, 2019 [ 4,-1,,,,-F.47.:,... ‘ T, c..........1,:Li,iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City Applications for Funding from the Virginia Department of Transportation's Transportation Alternatives Set-Aside Program for FY 2020-2021 and FY 2021-2022 MEETING DATE: August 20, 2019 • Background: The Transportation Alternatives Set-Aside Program (TASA) is a federally funded, state administered program intended to help local sponsors fund community based projects that enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. Projects supported within this program focus on providing pedestrian and bicycle facilities. The TASA is not a grant, and funds are only available on a reimbursement basis with a minimum 20% local match. However, a higher than minimum commitment of non-TASA funds garners additional points during the evaluation process. Beginning in 2017, the TASA became a biennial application. Thus, City's applications presented herein are for project award and allocations for Fiscal Year 2020-2021 and Fiscal Year 2021-2022. • Considerations: The following five projects have been identified as candidates for Fiscal Year 2020-2021 and Fiscal Year 2021-2022 TASA funding: 1. Bay Colony Drive Sidewalk — Phase I — This project will provide a 5-foot wide concrete sidewalk with a 6-foot wide vegetated buffer along the north side of Bay Colony Drive from Atlantic Avenue to York Lane, a total distance of approximately 0.86 miles. The proposed improvements will provide a continuous sidewalk connecting the multi-use path at Atlantic Avenue to the City owned Bay Colony Park, located between Redtree Court and York Lane. This phase of the project also includes new accessible curb ramps at seven intersecting streets along Bay Colony Drive. The total project cost is estimated at $1,571,910. The City will exceed the required local match with a 31% local funds commitment ($487,292)from the Roadways Traffic Safety Improvements CIP Program (CIP #2-111). The remaining 69%, or$1 ,084,618, will be requested in TASA funds. 2. Independence Boulevard / Columbus Street Pedestrian Improvements — This project will provide an at-grade pedestrian crossing and median refuge across Independence Boulevard at Columbus Street. Project improvements include removal of one of the two southbound left turn lanes on Independence Boulevard; installing a pedestrian refuge area, median and pedestrian signalization equipment on the north leg of the Independence Boulevard/Columbus Street intersection; striping; and required accessible curb ramps. The ramp on the northwest corner of the Independence Boulevard/Columbus Street intersection will be replaced to meet ADA compliance and better align with the ramp on the northeast corner of the intersection. The total project cost is estimated at$511,385. The City will exceed the required local match with a 31% local funds commitment ($158,529) from the Roadways Traffic Safety Improvements CIP Program (CIP # 2-111). The remaining 69%, or $352,856, will be requested in TASA funds. 3. Indian Hill Road Sidewalk—This project will provide a 5-foot wide concrete sidewalk with curb and gutter and storm water system along the west side of Indian Hill Road between Shore Drive and Lookout Road. The sidewalk will run approximately 0.55 miles and provide crosswalks at Ben Gunn Road, Battery Road, Bayville Road, and Lookout Road. Project improvements also include new accessible curb ramps at five intersecting streets along Indian Hill Road. The total project cost is estimated at $1,472,971. The City will exceed the required local match with a 31% local funds commitment ($456,621)from the Roadways Traffic Safety Improvements CIP Program (CIP#2-111). The remaining 69%, or$1,016,350, will be requested in TASA funds. 4. Parliament Drive Sidewalk — Phase I — This project will provide a 5-foot wide concrete sidewalk along the southern side of Parliament Drive from Coventry Road to Huntington Drive, a total distance of approximately 0.20 miles. The proposed concrete sidewalk will connect to existing sidewalk at Coventry Road as well as a small section of existing sidewalk within the project limits. The project will extend the fully funded Parliament Drive Sidewalk Phase II and provide a continuous path along Parliament Drive. The concrete sidewalk will be entirely located within existing right-of-way. The project includes new accessible curb ramps at each intersection along Parliament Drive; piping the existing ditch; new curb and gutter; and utility relocations. The proposed sidewalk will provide connectivity and greatly improve safety for pedestrians walking to area destinations such as Point O'View Elementary School, Parliament Park, Arrowhead Shopping Center, and two churches. The total project cost is estimated at $1,083,386. The City will exceed the required local match with a 31% local funds commitment($335,849)from the Roadways Traffic Safety Improvements CIP Program (CIP # 2-111). The remaining 69%, or $747,537, will be requested in TASA funds. 5. Sandbridge Road Sidewalk — This project will provide a 6-foot wide concrete sidewalk along the north side of Sandbridge Road. The sidewalk will run approximately 0.20 miles from Red Mill Elementary School to the existing sidewalk at the City Red Mill Farms Park ballfields. Red Mill Farms Park currently has no sidewalk connection to the Red Mill Elementary School. The existing Park includes two lighted ball fields, a playground, and a multi-use path connection to the adjacent neighborhood of Red Mill Farms. The proposed project will also include a pedestrian crossing to span over the existing drainage channel. Right-of-way acquisition is required for the project; however, the City of Virginia Beach owns all adjacent property, so the acquisition process will be streamlined at no cost to the project. The total project cost is estimated at $787,602. The City will exceed the required local match with a 31% local funds commitment ($244,156) from the Roadways Traffic Safety Improvements CIP Program (CIP # 2-111). The remaining 69%, or $543,446, will be requested in TASA funds. • Public Information: This item will be advertised using the Regular Council Agenda process. The grant funding had a notice and hearing requirements, so a notice for a public hearing on the applications was placed in the Beacon, and the hearing will be held at the August 20, 2019 City Council meeting. • Attachments: Resolution; Maps (5) Recommended Action: Approval Submitting De: • • •ency: Public Works Engineering 1`"�� City Manager: AR �•,P,, 1 A RESOLUTION TO SUPPORT THE CITY 2 APPLICATIONS FOR FUNDING FROM THE 3 VIRGINIA DEPARTMENT OF TRANSPORTATION'S 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM FOR FY 2020-2021 AND FY 2021-2022 6 7 WHEREAS, the City of Virginia Beach is an eligible sponsor to submit 8 applications through the Virginia Department of Transportation for funding from the 9 Transportation Alternatives Set-Aside Program; 10 11 WHEREAS, the City can request up to 80% of a project's cost in federal pass- 12 through funding, up to $2 million per project per application cycle, and must provide the 13 remaining 20% local match for each project; 14 15 WHEREAS, the City intends to exceed the 20% local match for each project; and 16 17 WHEREAS, the City's has identified five high-priority projects as candidates for 18 this funding; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1 . The City of Virginia Beach City Council hereby supports Transportation 24 Alternatives Set-Aside Program applications for the following projects: 25 a. Bay Colony Drive Sidewalk — Phase I 26 b. Independence Boulevard I Columbus Street Pedestrian Improvements 27 c. Indian River Sidewalk 28 d. Parliament Drive Sidewalk — Phase I; and 29 e. Sandbridge Road Sidewalk 30 31 2. Federal funds totaling 69% of each project's costs is requested from the 32 Transportation Alternatives Set-Aside Program for each of these five projects, and the 33 local share per project will be 31% of each project's costs. The total federal funds 34 requested through this application is $3,744,807. 35 36 3. The City hereby commits, subject to appropriation by the City Council, to 37 fund its local share of preliminary engineering, right-of-way and construction, as 38 applicable, of the projects under agreement with the Virginia Department of 39 Transportation in accordance with the project financial documents. 40 41 4. The City Manager is hereby authorized to execute on behalf of the City of 42 Virginia Beach all necessary project agreements for project development and 43 construction. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 , 2019. 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F /✓ 4p QUAIL ROOST_CT t, f'c''' .47; 5 .-7, FAlia ':\___711___ 4. �k - --_ RCH c ,: `'---`Y GREENTREE�A _ I � 1 G.�` 1 —_ROSE LN le r , i :::if'L ,IE._ c__ c , L. -i.4 /A +` _,_ 0 250 500 1,000 f + _t, 'II 4 ' Feet r - ► `f ' 1, I LOCATION MAP —RoLFEL"- BAY COLONY DRIVE SIDEWALK PHASE j Prepared by P.W./Eng./Eng.Support Services Bureau 7/24/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\Bay Colony Drive Sidewalk 1 & n 049-4- .-j--10114, tialL � �G4 I fi -r . 4kPectiltihrf; L c.47N1 / '\ h 'Y < ram �( nod -*lira`� wt.—C.4M `K ," - lt* 43.f,h ;-'->,%a a ti.IX' .- •,,----,--r4T-- ,I.,,, ette,--,---4 Viip „.7..w I, .,...6 ,..,. - COMMERCE ST L STREET IMPROVEMENTS -► " 0 >• J v --t m W U' z I , w ate, w 0 z_ —COLUMBUS ST 1 0 50 100 200 H 1 1 Feet LOCATION MAP INDEPENDENCE BOULEVARD AND COLUMBUS STREET IMPROVEMENTS Prepared by P.W./Eng./Eng.Support Services Bureau 7/24/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\ Independence Boulevard&Columbus Street Improvements ' - N SITE zp , �' qLb R J w �— E N j - 414 s. s \_ 17*, 74* SHORE DR ti 1 ]z , 41,[ Gam`; PO P ,'o / — r A / 4; ° 10 %**• - _ , i,,,,,,,, ., ,_,_, - 4,___ / pow ,,, ,,,,, P 4 / e* /411,4 --- Alpo ri N AO ‘I .4 ill& � \ A ilia\ *44,kssi-re.7 , .,- _, --1 isit afr. 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' -' - \ ,,_ --wwitik P ' 414 IA op, i N . <„ , . t-r SANDBRIDGE ROAD SIDEWALKO f \\ st, it*. / \ (.> 16 / N � / I ,..........----------- , _ / , - ____ �RoGER MC` 44 r> E et1,N —_„, C br 0 � Nc,R,_,, f, 0 150 300 600 7- / Feet ; �- -NNN r ` LOCATION MAP 4�N, 1 SANDBRIDGE ROAD SIDEWALK Prepared by P.W./Eng./Eng.Support Services Bureau 7/24/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Road Sidewalk I ,Nu 2„,.-,.4 a .: r� '`��ii 4y i J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Applications for the Virginia Department of Transportation's Revenue Sharing Program Funding for FY 2020-21 and FY 2021-22 MEETING DATE: August 20, 2019 in Background: The Virginia Department of Transportation (VDOT) Revenue Sharing Program was created by the Virginia General Assembly to provide localities with additional funding for immediately needed priority projects or to supplement funding for existing projects on the highway network within a locality. The program provides state funding at a dollar for dollar match with local funds. The Revenue Sharing Program accepts applications on a biennial cycle. Therefore, the City's 2019 applications and their subsequent allocations are for FY 2020-21 and 2021-22. The next opportunity to apply for Revenue Sharing Program funds will be fall of 2021. The Revenue Sharing Program is not a grant program and funds are only available on a reimbursement basis. In July 2017 and in December 2018, the Commonwealth Transportation Board (CTB) revised the Revenue Sharing Program guidelines. Per the CTB policy changes, the maximum each locality can request is $5 million in state Revenue Sharing allocations per fiscal year ($10 million per biennial cycle). In addition, the maximum lifetime limit of state Revenue Sharing funds per any individual project is $10 million. Previously, the maximum request per fiscal year was $10 million and there was no lifetime limit per project. • Considerations: The following three Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY 2020-21 and FY 2021-22: Sandbridge Road — Nimmo Parkway Phase VII-A (CIP # 2-078); Shore Drive Corridor Improvements - Phase IV (CIP # 2-118); and Elbow Road Extended Phase II-D (CIP # 2-153). Sandbridge — Nimmo Phase VII-A is an existing Revenue Sharing Program project. Sandbridge Road — Nimmo Parkway Phase VD-A (CIP # 2-078): The Sandbridge Road — Nimmo Parkway Phase VII-A project will improve safety and provide an alternate route for travelers accessing Sandbridge. Project improvements include a two-lane undivided roadway with shoulders from Sandpiper Road to approximately 1.1 miles west of Sandpiper Road at the eastern terminus of the Nimmo Parkway Phase VII-B project (CIP # 2-110). The total project cost of the Sandbridge — Nimmo project is approximately $22.9 million. The City is requesting a total of $9 million of new Revenue Sharing funding in this application - $5 million in FY 2020-21 and $4 million in FY 2021-22. The project has also previously received $1 million from Revenue Sharing funds. As a result, if new funds are allocated to this project, then the project will reach its lifetime maximum. Previously appropriated and programmed funds within the Sandbridge - Nimmo CIP project will provide the required dollar for dollar $9 million local match. Shore Drive Corridor Improvements — Phase IV (CIP # 2-118): The Shore Drive Corridor Improvements - Phase IV project will improve vehicular and pedestrian traffic flow along Shore Drive from the Marlin Bay Drive and Sandy Oaks Drive intersection to the west end of the Lesner Bridge. Proposed improvements include a multi-use trail, on-street bike lanes and a 5-foot sidewalk. The project will improve safety within the roadway and intersections, and enhance the overall corridor with aesthetic elements such as landscaping and lighting. The total project cost is approximately $14.5 million. The City is requesting $500,000 of Revenue Sharing funding in FY 2021-22. Previously appropriated funds within the Shore Drive Corridor Improvements — Phase IV CIP project will provide the required dollar for dollar local match of$500,000. Elbow Road Extended Phase II-D project (CIP # 2-153): The Elbow Road Extended Phase II-D project will provide an additional two lanes (westbound) of Elbow Road/Dam Neck Road from Salem Road to the Virginia Beach Amphitheater West Parking Area and the Western Princess Anne Athletic Complex. This is approximately 1.2 miles in length. The construction of the additional two lanes with Phase II-D will complete the ultimate four-lane divided roadway configuration on Elbow Road/Dam Neck Road from Chesapeake City line to the Virginia Beach Amphitheatre. The total project cost is approximately $27.3 million. The City is requesting $500,000 of Revenue Sharing funding in FY 2021-22. Existing FY 22 programmed funds within the Elbow Road Phase II-D CIP project will provide the required dollar for dollar local match of$500,000. • Alternatives: Without the Revenue Sharing funding, City funding will be required to fund these projects. • Public Information: Public information will be handled through the normal Council Agenda process. • Attachments: Resolution; Location Maps (3) Recommended Action: Approval 9 Submitting De• - • • Agency: Public Works Engineering IMd"A City Manage 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S REVENUE SHARING PROGRAM 4 FOR FY 2020-21 and FY 2021-22 5 6 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 7 Revenue Sharing Program funding from the Virginia Department of Transportation to 8 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 9 for immediately needed improvements or to supplement funds for existing projects on 10 the highway system in a given locality; 11 12 WHEREAS, according to the policy of the Commonwealth Transportation Board, 13 as amended in July 2017 and December 2018, the City of Virginia Beach is eligible to 14 submit applications for up to $5,000,000 per fiscal year through the Virginia Department 15 of Transportation Revenue Sharing Program; 16 17 WHEREAS, each application cycle is on a biennial basis, and therefore this 18 application would provide funds from the Commonwealth in Fiscal Years 2020-21 and in 19 Fiscal Year 2021-22; 20 21 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar 22 matching basis, whereby every dollar received from the Commonwealth must be 23 matched by a dollar in local funds; and 24 25 WHEREAS, the City's highest priority improvements for participation in the 26 Revenue Sharing Program are Sandbridge Road — Nimmo Parkway Phase VII-A (CIP # 27 2-078), Shore Drive Corridor Improvements — Phase IV (CIP # 2-118), and Elbow Road 28 Extended Phase II-D (CIP # 2-153). 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA, THAT: 32 33 1 . The City Council hereby supports the application of Sandbridge Road — 34 Nimmo Parkway Phase VII-A (CIP #2-078), Shore Drive Corridor 35 Improvements — Phase IV (CIP #2-118), and Elbow Road Extended Phase II- 36 D (CIP #2-153) to the Virginia Department of Transportation for the 37 participation in the Virginia Department of Transportation Revenue Sharing 38 Program. 39 40 2. The City Council authorizes the application for $5 million in FY 2020-2021 41 Revenue Sharing Program funds for Sandbridge Road — Nimmo Parkway 42 Phase VII-A. 43 44 3. The City Council authorizes the application for $5 million in FY 2021-2022 45 Revenue Sharing Program funds, which funds shall be allocated with: $4 46 million for Sandbridge Road — Nimmo Parkway Phase VII-A; $500,000 for 47 Shore Drive Corridor Improvements - Phase IV; and $500,000 for Elbow 48 Road Extended Phase II-D. 49 50 4. The required matching funds will be provided from the allocation of local 51 funding existing within these projects in the City's Capital Improvement 52 Program. 53 54 5. The City Manager is hereby authorized to execute on behalf of the City of 55 Virginia Beach all necessary project agreements for project development and 56 construction. 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: gailit-)a (2,„\Joi\ Budget and Management Services ey' Office CA14815 R-1 August 2, 2019 D. NECK RD r , i \\ *\ , ,Iii \ e ®110, 14, \ N • - v j V413: 1 \1w _ r_io- _ E :111;1111001 \ r ti z SITE m z __ 'n !`, '` PO S.®®A®®\7.1 W /; ', ji['\ Nt f ice® ' ,‘ r,, 5 f, r ,____ r. Fps'-\: r , _____. pFzO �� ® '. S _r IA'f Q�Q 1.. rj ---'-'1 a 1--------- _ 11174/&-4 ' ' , '7,74,7 's 7_ ,,,--' ___ „. .„, its\lis, ,\eas0,71,:. , 00100 \ 00.0 \ oto __ , 0\ 1., ..,4,40..01c, ‘,, olgoow.....1 \ 0 0 op. , .., ii ,,...„2,,,, ,„, ON ©� Iiiiiiiiiip _ , I, 70,41, !,!' .4TTVVVVVV� V . 1001 Ir 4 `� _ .c--------- - // ) - . �/ :: t r ti W li /,, LOCATION MAP ;,, / SANDBRIDGE ROAD - NIMMO PARKWAY 1/ PHASE VII-A CIP 2-078 // Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 2-07E N W---.&•— E SITE r =J o SNo o S o up � N �. 4 - Chesapeake Bay p w +L VIRGINIA a_al- NINO•6a ■emir.- J JE R a SoN.ekv D �4 s s� 111/1111. ,� .motioy �RTi=IRy blial alla* I 40 \ iRlIll fir I * lr ►"Its, ,% / 141,1M—rfr sCii -41,10-4-0-4_*cfr* ----_____ , -4? iib ashy% ib-f •, ./v•-t gm* 4illir --------- ----\ . — - --- 1-464164Itmg iii it/ -- �--�` I ieliti en SHORE DR - c .01111111ih �� F Cjt 1►\ o jji'^ 4Lynnhaven a�N' t�I ♦� ♦ ST f�� ♦ - Inlet i/-1 p" 4IIj `� RATFDRD 1 ��j f fit, 'Owl TB ' -,(41,,t.4: `yDR ; a�1tt I. J /r-_ / f ,t� i NI i ~\ r ({ �: 1 U 0 ' / ---- (1(( V {.1,,,.'Y 1_, ,.__,..,. . __) 6' / r )ir-11: __ v ,, ?,* &A, ---___,,,' ..-1`,)(., v 1 O1. `J' ,-\__-j\-L'''',C'... a 1 `N f'"l2] j r / N 441 W, I)Ijr;--, R ♦1W v SW * `' LOCATION MAP \) SHORE DRIVE CORRIDOR � ��N�� j� IMPROVEMENTS - PHASE IV � \\ / CIP 2-118 Prepared by P.W./Eng./Eng.Support Services Bureau 8/16/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Shore Drive Phase IV kkt �F� ►lei A/I� ►0 gme �i `ltl/i► N A r ` �j— E ' �e 4. !- _. Ill ie r'' s��ydi ttg111 ''4 1�+,. i', , „'xk� ►ESN-`}� , 10-4s•('m 1/4-__N EN\ )�-•ai� ` ��i,, 8,'� s risk (N. ___....._______ ,* :: -4P `r tom4. ; NE"• RD ��\w 400\ J�`N�`L;'R 4,, I b illi 9{i allr 414 . '-1/44k, "2": ;.!,.,<4 .71-81#V41 440 %all -1 AZ-1-R.,tav411 VVY Vlii:i&"..;74;4.--.1, -, tn..-, iv JO"*A,...J.4k ---is ItliSAA ii 0-41: ,<< ►l� flymi.p♦ im ��►'i:ate a / drA ... Figile\ r.-A / '- / ii oDA'CHA 1 �1d STARWO -is \ i' -74{{► Yf;r at Ea CIL--"Bp 1; STILLW-OOD IN."r��t►1►'/4 t 41%, O At ,M AP ftielre�M* .'' \ ��p, .;��112) ��j*iv/ ►i� � !t i - - -. ‘ i .4 •„„,irpit -4.. Atiwive._ , -, , --.. ''r. kr ' 4r/ KIPAWD \ ( 1 woo 4111,11 air lig\v- :or -- - • (j // 4 ." - gt4..i_ ass, c. , 4 At 1 I IR . 0,0 45 m7 L '/ iA„,...,,,01011 Or''-' •14L *. �41► 01 /14.4%*****>440,0111, \ **(ON'I/44°. 414,714 \\ -it - 4 irit.)1 ,. •trti "' 'loedg 1,' - / \ \ 1 N L�btOS- pW R - ill( 1 z _,,i,\\, N-,,„ 011/1/4111 NV" _„,ii • •• r LOCATION MAP � 4•01 �s� �� ELBOW ROAD PHASE II-D ►____►►� �i �� CIP 2 153 Prepared by P.W./Eng./Eng.Support Services Bureau 05/16/19 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Road Phase 11-D c aeik ; (V= >)Y) .t4Y.,, CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution Approving a Contract with the Commonwealth of Virginia to Provide Funding for Mental Health, Developmental, and Substance Use Disorder Services Provided by the Community Services Board MEETING DATE: August 20, 2019 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of the Code of Virginia § 37.2- 509(A)(5), DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. • Considerations: Pursuant to the Code of Virginia § 37.2-508, the contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated by the Department of Human Services through the City's FY 2019-20 Operating Budget. The funding sources that support the $62,517,190 contract consist of: o $23,621,139 in total fee revenue, o $23,149,430 in local matching funds from the City, o $11,881,438 in state revenue, o $2,051,908 in federal revenue, o $1,424,542 in revenue from other sources, and o $388,733 of regional state funding paid directly to vendors on behalf of the Virginia Beach CSB. The contract was approved by the CSB at a board meeting on August 15, 2019. • Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30 day window expired at the end of July. • Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting De e cy: Human Services �;;'/ City Manager: 1 A RESOLUTION APPROVING A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA TO PROVIDE FUNDING 3 FOR MENTAL HEALTH, DEVELOPMENTAL, AND 4 SUBSTANCE USE DISORDER SERVICES PROVIDED BY 5 THE COMMUNITY SERVICES BOARD 6 7 WHEREAS, the Virginia Department of Behavioral Health and Developmental 8 Services provides funding for mental health, developmental, and substance use disorder 9 services through a performance contract with local Community Services Boards; 10 11 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 12 Virginia mandated minimum local match share for these services; and 13 14 WHEREAS, the Virginia Beach Community Service Board, during its August 15, 15 2019 meeting, approved the performance contract with the Commonwealth of Virginia; 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA: 19 20 That the City Council of Virginia Beach hereby approves the Fiscal Year 2019-20 21 performance contract with the Commonwealth of Virginia, a summary is attached hereto as 22 Exhibit A. 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: ?Ql udget and 4}—nagement Services City tar" y's Office CA14813 R-2 August 14, 2019 FY2019 And FY2020 Community Services Performance Contract FY 2020 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-12) Funding Sources Mental Health Developmental Substance TOTAL (MH)Services (DV) Services Use Disorder (SUD) Services State Funds 8,703,048 904,997 2,273,393 11,881,438 Local Matching Funds 12,235,269 9,882,359 1,031,802 23,149,430 Total Fees 4,082,495 19,118,664 419,980 23,621,139 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 314,687 0 1,737,219 2,051,906 Other Funds 406,865 323,000 694,677 1,424,542 State Retained Earnings 0 0 0 0 i Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 25,742,364 30,229,020 6,157,071 62,128,455 State Funds One-Time 0 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 25,742,364 30,229,020 6,157,071 62,128,455 j Cost for MH/DV/SUD Services 25,816,209 29,999,639 2,985,142 58,800,990 Cost for Emergency Services(AP-4) 2,389,733 1 1 Cost for Ancillary Services (AP-4) 1,326,467 Total Cost for Services 62,517,190 ( Local Match Computation CSB Administrative Percentage Total State Funds 11,881,438 Administrative Expenses 7,731,204 Total Local Matching Funds 23,149,430 Total Cost for Services 62,517,190 Total State and Local Funds 35,030,868 Admin/Total Expenses 12.37% I Total Local Match% 66.08% 1 (Local/Total State+ Local) ( Report Date 6/27/2019 AF-1 FY2019 And FY2020 Community Services Performance Contract FY 2020 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Commend Executive Director position is currently vacant Comment2 300-335 MAT is a contracted service Comment3 Changes made to LON:Added$67,995 to DS OBRA for late award Comment4 Added$197,811 to MH CIT Assessment for law enforcement officer @ VB Psych Comments Removed$133,500 from SUD MAT funding meant for Norfolk CSB Comment6 MH Other Federal-CSB=$46,570 USDA COmment7 MN Other Funds$406,865=$100,500 Anticipated PATH award,$6,365 Beach House Comment8 Snack Bar Receipts,$300,000 Fund Balance(State RE)for Complex Care Comment9 DV Other Funds=$323,000 Department of Aging and Rehabilitative Services(DARS) Commend o SA Other Federal-CSB=$20,000 Health Department HIV commend] SA Other Funds$694,677 =$463,481 Anticipated FY2020 SOR award, Comment12 $231,196 received in FY2019 unspent. Comment13 Commentl4 Comment15 Commentl6 Commentl7 omment181 Commentl9 Comment2D Contment2l Contment22 Comment23 Comment24 Comment25 Report Date 6/27/2019 AF-2 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments 2nd Page Report Date 6/27/2019 AF-2a • FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,565,224 MH Fees:Other 517,271 Total MH Fees 4,082,495 MH Transfer Fees In/(Out) 0 MH Net Fees 4,082,495 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MR FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MR Federal CABHI(93.243) MH Other Federal-DBHDS 0 MH Other Federal-CSB 46,570 Total MH Federal Funds 314,687 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 6,281 Total MH Net Regional DAP-Restricted 6,281 MH Regional Residential DAP-Restricted 0 MR Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 6 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 AF-3 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH Total Regional Transfer In/(Out) 0 Total MH Net Unrestricted Regional State Funds 1,468,833 Total MH Net Regional State Funds 2,270,048 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75,000 MH Juvenile Detention 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119,369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Rural Jail Diversion 0 MH Forensic Discharge Planning 0 MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 348,668 MH Expand Telepsychiatry Capacity 0 MH PACT 850,000 ) MH PACT-Forensic Enhancement 200,000 MH Gero-Psychiatric Services 0 MH Permanent Supportive Housing 917,168 MH STEP-VA 662,129 MH Young Adult SMI 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 9,306 Total MH Net First Aid and Suicide Prevention 9,306 Total MH Restricted Other State Funds 3,959,389 f AF-4 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH State Funds 1,803,857 MH State Regional Deaf Services 0 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 1,803,857 Total MH Other State Funds 5,763,246 TOTAL MH STATE FUNDS 8,703,048 OTHER FUNDS MH Other Funds 406,865 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 0 MH Other Retained Earnings 0 Total MH Other Funds 406,865 LOCAL MATCHING FUNDS MH Local Government Appropriations 12,235,269 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 12,235,269 Total MH Funds 25,742,364 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 MH One-Time Restricted State Funds 0 Total One Time MH Funds 0 Total MH All Funds 25,742,364 ( Report Date 6/27/2019 AF-5 • FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid OD Waiver Fees 6,235,283 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 12,237,384 DV Fees:Other 645,997 Total DV Fees 19,118,664 DV Transfer Fees In/(Out) 0 DV NET FEES 19,118,664 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSR 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 837,002 DV OBRA Funds 67,995 Total DV Unrestricted State Funds 904,997 DV Trust Fund(Restricted) 0 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer ln(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer tn(Out) 0 DV Net Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 904,997 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,000 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,000 AF-6 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds LOCAL MATCHING FUNDS DV Local Government Appropriations 9,882,359 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 9, +359 Total DV Funds 30,229,020 DV ONE TIME FUNDS DV One-Time Restricted State Funds 0 Total One Time DV Funds 0 Total DV All Funds 30,229,020 !(i Report Date 6/27/2019 AF-7 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 354,916 SUD Fees:Other 65,064 Total SUD Fees 419,980 SUD Transfer Fees In/(Out) 0 SUD NET FEES 419,980 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SLID FBG Co-Occurring(93.959) 34,574 SUD FBG New Directions(93.959) 0 SUD FBG Recovery(93.959) 0 SLID FBG MAT-Medically Assisted Treatment(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SUD FBG Prevention-Women(LINK)(93.959) 0 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD FBG Prey-Family Wellness(93.959) 0 Total SLID FBG Prevention Funds 279,020 SUD Federal VA Project LINK/PPW(93.243) 0 1 SUD Federal CASH!(93.243) 0 SUD Federal Strategic Prevention(93.243) 0 SUD Federal YSAT—Implementation(93.243) 0 SUD Federal OPT-R-Prevention(93.788) 0 SUD Federal OPT-R-Treatment(93.788) 0 SUD Federal OPT-R-Recovery(93.788) 0 Total SUD Federal OPT-R Funds(93.788) 0 SUD Federal Opioid Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SLID Federal Opioid Response—Prevention(93.788) 0 Total SUD Federal Opioid Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SUD Other Federal-CSB 20,000 TOTAL SUD FEDERAL FUNDS 1,737,219 AF-8 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total SUD Net Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification—Transfer In/(Out) 0 Total Net SUD Community Detoxification 0 Total SUD Net Regional State Funds 476,036 Other State Funds SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SLID Recovery Employment 0 SUD MAT-Medically Assisted Treatment 0 SLID Peer Support Recovery 0 SUD Permanent Supportive Housing Women 0 SUD SARPOS 76,097 SUD STEP-VA 0 SUD Recovery 0 Total SUD Restricted Other State Funds 77,897 SUD State Funds 1,458,457 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,719,460 Total SLID Other State Funds 1,797,357 TOTAL SLID STATE FUNDS 2,273,393 OTHER FUNDS SLID Other Funds 694,677 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 694,677 AF-9 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,031,802 SUD Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,031,802 Total SUD Funds 6,157,071 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD State Funds 0 Total SUD One-Time Funds 0 Total Ail SUD Funds 6,157,071 AF-10 Report Date 6/27/2019 FY2019 And FY2020 Community Services Performance Contract FY 2020 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 23,149,430 Total Local Government Tax Funds: 23,149,430 Report Date 6/27/2019 AF-11 I FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 25,742,364 30,229,020 6,157,071 62,128,455 Cost for MH,DV,SUD, 25,816,209 29,999,639 2,985,142 2,389,733 1,326,467 62,517,190 Emergency,and Ancillary Services Difference -73,845 229,381 3,171,929 -2,389,733 -1,326,467 -388,735 Difference results from Other: 388,735 Explanation of Other in Table Above: DAP paid on behalf of VBCSB by WTCSB Report Date 6/27/2019 AF-12 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 21.38 FTEs 1550 $3,852,471 312 Medical Services 19.65 FTEs 2570 $3,921,969 350 Assertive Community Treatment 11.1 FTEs 105 $1,726,591 320 Case Management Services 52.13 FTEs 1455 $5,776,840 410 Day Treatment or Partial Hospitalization 32 Slots 115 $1,043,817 420 Ambulatory Crisis Stabilization Services 5 Slots 40 $211,572 425 Mental Health Rehabilitation 55 Slots 160 $1,475,321 460 Individual Supported Employment 3.9 FTEs 50 $401,936 510 Residential Crisis Stabilization Services 13 Beds 390 $3,374,916 521 Intensive Residential Services 0.66 Beds 5 $39,633 551 Supervised Residential Services 32 Beds 40 $1,282,326 581 Supportive Residential Services 14.38 FTEs 131 $2,681,328 610 Prevention Services 0.2 FTEs ( ` , 27 .._ $ ,489 Totals 6,611 $25,816,209 I Report Date 6/27/2019 AP-1 1 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 312 Medical Services 2.25 FTEs 16 $179,082 320 Case Management Services 30.16 FTEs 911 $3,636,435 425 Developmental Habilitation 92 Slots 156 $4,171,555 465 Group Supported Employment 22 Slots 38 $801,817 460 Individual Supported Employment 9.7 FTEs 206 $811,861 501 Highly Intensive Residential Services(Community-Based ICFIID Services) 47 Beds 47 $13,738,566 521 Intensive Residential Services 25 Beds 25 $3,305,134 551 Supervised Residential Services 2 Beds 2 $238,857 581 Supportive Residential Services 41.75 FTEs 62 $3,116,332 Totals 1,463 629,999,639 Report Date 6/27/2019 AP-2 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 2.57 FTEs 300 $512,133 335 Medication Assisted Treatment Services 0 FTEs 200 $743,709 320 Case Management Services 1.95 FTEs 60 $205,496 410 Day Treatment or Partial Hospitalization 12 Slots 85 $196,024 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 150 $573,851 610 Prevention Services 5.8 FTEs $753,929 Totals 795 52,985,142 Report Date 6/27/2019 AP-3 FY2019 And FY2020 Community Services Performance Contract FY2020 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 19.43 FTEs $2,389,733 318 Motivational Treatment Services 0.75 FTEs $151,975 390 Consumer Monitoring Services 8.94 FTEs $1,070,160 720 Assessment and Evaluation Services 0.75 FTEs $104,332 Totals $3,716,200 Report Date 6/27/2019 AP-4 FY2019 And FY2020 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2020 Table 2a: FY 2020 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $110,323.20 $169,374.40 $168,958.00 0.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? 0 a federally qualified health center Name: C a free clinic Name: a local health department,or Name: 0 another organization Name: 3. Where is primary health (medical)care provided? LI on-site in a CSB program, ❑ on-site at the primary health care provider,or E another site--specify: ' 4.Where is behavioral health care provided? on-site in a CSB program, E on-site at the primary health care provider,or 0 another site--specify: p fY: Report Date 6/27/2019 AP-5 s ,`�lr NJ�IA BP„y` ( ' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: August 20, 2019 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. • Considerations: The budget ordinances adopted by City Council in May 2019 provide, for all full-time employees, a 3% merit increase, effective July 1, 2019. The compensation of the appointees, however, is determined by approval of these ordinances. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, on May 14, 2019, the City Council adopted an operating budget that 9 includes a 3% merit increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2019. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the current base annual salary of the City Manager is $263,611.40; 16 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 17 deferred compensation plan is and shall remain at $12,684 annually. 18 19 2. That the City Manager shall receive a merit increase of 3% of his salary 20 effective at the beginning of the pay period that includes July 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUF CY: City Att rney's Office CA14768 R-2 August 12, 2019 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 WHEREAS, on May 14, 2019, the City Council adopted an operating budget that 9 includes a 3% merit increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2019. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the current base annual salary of the City Attorney is $227,449.30, the 16 City's contribution to his deferred compensation plan is and shall remain at $10,000 17 annually, and his car allowance is and shall remain at $10,000 annually. 18 19 2. That the City Attorney shall receive a 3% merit increase, effective on July 20 1, 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: - ,0,06'/,;e S- ------- City Attorney's Office CA14769 R-1 May 29, 2019 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 WHEREAS, on May 14, 2019, the City Council adopted an operating budget that 9 includes a 3% merit increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2019. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the current base annual salary of the City Clerk is $102,000.08, and 16 the City's contribution to her deferred compensation account is and shall remain at 17 $6,000 annually. 18 19 2. That the City Clerk shall receive a 3% merit increase, effective on July 1, 20 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: C City Attorney's Office CA14771 R-1 May 29, 2019 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, on May 14, 2019, the City Council adopted an operating budget that 10 includes a 3% merit increase in salary for all full-time City employees effective at the 11 beginning of the pay period that includes July 1, 2019. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the current base annual salary of the City Real Estate Assessor is 17 $147,899.96, and the City's contribution to his deferred compensation plan is and shall 18 remain at $6,000 annually. 19 20 2. That the City Real Estate Assessor shall receive a 3% merit increase, 21 effective on July 1 , 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14772 R-1 May 29, 2019 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 WHEREAS, on May 14, 2019, the City Council adopted an operating budget that 9 includes a 3% merit increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2019. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the current base annual salary of the City Auditor is $130,299.78, 16 and his car allowance is and shall remain at $6,000 annually. 17 18 2. That the City Auditor shall receive a 3% merit increase, effective on July 1, 19 2019. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14770 R-1 May 29, 2019 c I CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $1,667,976 in Fund Balance and to Transfer $142,240 from the Public Utilities Regular Reserve for Expenses Related to the Relocation of Staff MEETING DATE: August 20, 2019 • Background: Following the events of May 31, 2019 there was an immediate need to relocate the 383 City staff members that were previously housed in Building 2. Facilities Management temporarily relocated employees to 28 various locations across the city while identifying appropriate long-term leased space for each department. On June 18, 2019 City Council transferred $1,250,000 from General Fund Vacancy savings to CIP 3-149, "Various Buildings Rehab and Renewal IV" to begin to address this need. Currently, additional appropriations totaling $1 ,810,216 are necessary to complete the build-out of the newly leased spaces for the Departments of Planning and Information Technology, for the demolition of the interior of Building 2, as well as for the purchase of replacement computers for staff relocated from Building 2. Of the total $1,810,216, the General Fund's need is $1,667,976, of which $219,570 will be transferred to the computer replacement program, and $1,448,406 will be transferred to CIP 3-149, "Various Buildings Rehab and Renewal IV." The remaining amount of $142,240 will be transferred from the Public Utilities Enterprise Fund's regular reserve to the Computer Replacement Program. Future reimbursement of these expenses from state and federal grants as well as insurance recovery will possibly occur. A table with an estimate of current needs is below. Need Amount Public Utilities Computer Replacement $142,240 General Fund Computer Replacement $219,570 Build-outs of Leased Space $648,406 Demolition of Building 2 Interior $800,000 Total $1,810,216 • Considerations: The City issued requests for proposals for 50,000 sq. ft of office space for the Departments of Public Works and Public Utilities. As the resulting leases, custodial needs, and utility costs are determined, additional appropriations and transfers may be necessary. In addition, the funding for these expenses are anticipated to be budgeted in the respective departments' FY 2020-21 operating budgets. The Department of Information Technology has also indicated that as staff moves in to more permanent work places, many of the computers within Building 2 will be able to be repurposed. When possible, the computer replacement program will credit the General Fund and Public Utilities if computers issued to temporary work locations are returned and able to be redeployed to staff in another department. The use of fund balance will slightly impact the Unrestricted General Fund Fund Balance as a percentage of FY 2019-20 revenues. The Department of Finance is currently finalizing the Fund Balance numbers for FY 2018-19, and the fund balance will remain within the City's policy of 8-12%. • Public Information: Normal City Council agenda process • Attachments: Ordinance Recommended Action: Approval Submitting Dep. . •ency: Budget and Management Services` t j,,._. City Manager. 1 AN ORDINANCE TO APPROPRIATE $1,667,976 IN FUND 2 BALANCE AND TRANSFER $142,240 FROM THE PUBLIC 3 UTILITIES REGULAR RESERVE FOR EXPENSES 4 RELATED TO THE RELOCATION OF STAFF 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 THAT: 8 9 1 . $1,448,406 in General Fund Fund Balance is hereby appropriated, with revenues 10 increased accordingly, to Capital Improvement Project #3-149 "Various Buildings 11 Rehab and Renewal IV"; and 12 13 2. $219,570 in General Fund Fund Balance is hereby appropriated, with revenues 14 increased accordingly, to the Non-Departmental Operating budget for computer 15 replacements; and 16 17 3. $142,240 from the Public Utilities Regular Reserve is hereby transferred to the 18 Non-Departmental Operating budget for computer replacements. Requires an affirmative vote by a majority of all 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: 1.0 C tv Budget and Management Services •' A" V n y's Office CA14821 R-2 August 12, 2019 ag� fiji6 IT'S CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate$3,000,000 from the Virginia Department of Criminal Justice Services to the Office of Emergency Management for Victim Services Related to the May 31 Event MEETING DATE: August 20, 2019 • Background: The City has been awarded $3,000,000 from the Virginia Department of Criminal Justice Services through the Victims of Crime Act (VOCA). This is a federal grant from the Department of Justice that is passed through the Virginia Department of Criminal Justice Services. The grant's purpose is to provide bridge funding related to the city's recovery and support as a result of the May 31, 2019 event. The VOCA funding to be reimbursed must be specifically related to services to direct and indirect victims resulting from the event. This funding will be used to support the City's long-term recovery center, the VB Strong Center. Through a partnership with Sentara, the City plans to open and operate a centralized facility that will provide a variety of services to victims and their families. The VB Strong Center will be dedicated to serving as a multi-agency resource and referral center for victims, their families, city residents, and first responders affected by the May 31 tragedy. This center will be managed and operated by Sentara, with City oversight. The Center will be staffed by knowledgeable and caring professionals to help people access resources to help them build strength and resiliency in the aftermath of this incident. It is anticipated that additional funding for the operation of this facility will be provided by Antiterrorism and Emergency Assistance Program through the United States Department of Justice's Office of Victims of Crime. • Considerations: The total grant amount is $3,000,000. The program period is May 31, 2019 to June 30, 2021 for obligation of funds. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 11111 Submitting De• - . "en, . ency: Office of Emergency Management City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $3,000,000 FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES TO THE OFFICE OF 4 EMERGENCY MANAGEMENT FOR VICTIM SERVICES 5 RELATED TO THE MAY 31 EVENT 6 7 WHEREAS, the Federal Government, via Victims of Crime Act has made funds 8 available to support the City's recovery and support as a result of the May 31, 2019 event, 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $3,000,000 in federal pass-through revenue via the Virginia Department of 14 Criminal Justice Services, is hereby accepted and appropriated, with estimated federal 15 revenue increased accordingly, to the FY 2019-20 Operating Budget of the Office of 16 Emergency Management for costs related to the establishment of a long-term recovery 17 center and associated support services for direct and indirect victims of the May 31, 2019 18 event. Requires an affirmative vote by a majority of all 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: ()-2A-AZQYL'i S °VIA): Budget and Management Services City Attorneys Of ice CA14820 R-1 August 7, 2019 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation State of Good Repair / Primary Extension Program to Capital Project 2-026, "Street Reconstruction II," for Road Paving Projects MEETING DATE: August 20, 2019 ■ Background: The Commonwealth Transportation Board (CTB) established the Primary Extension Paving Program to distribute available paving funding with both CTB Formula Funds and State of Good Repair funds. Starting on July 1, 2014, localities that maintain their own primary extension roads can receive a portion of the reconstruction and paving funds that was previously reserved for interstates and primary roads. The Primary Extension Paving Program provides funding for qualifying road segments, up to $1 million per locality. Applications submitted to the Virginia Department of Transportation are scored via a prioritization process. This is not a grant program, and funds are available on a reimbursement basis. Any costs above $1 million must be borne by the locality. The City received $1 million in FY 2020 state allocations to pave the following three roadway segments: Total Paving Cost State Local Allocations Contribution Atlantic Avenue Northbound & $214,811 $209,000 $5,811 Southbound (66th St. to 80th St.) Shore Drive Eastbound (Greenwell Rd. $261 ,581 $231 ,000 $30,581 to Marlin Bay Dr.) Virginia Beach Blvd Westbound (N. $565,549 $560,000 $5,549 Lynnhaven to Little Neck) Total $1,041,941 $1,000,000 $41,941 The total paving cost for these road segments is estimated at $1,041,941. The City will use available funds in the "Street Reconstruction II" project (CIP # 2-026) of the Capital Improvement Program for the balance to complete the project ($41,941). • Considerations: The aforementioned road segments of Atlantic Avenue, Shore Drive, and Virginia Beach Boulevard have been identified as preferred candidates in the City's FY 2019-20 paving schedule. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Maps (3) Recommended Action: Approval Submitting De gency: Public Works City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION STATE OF GOOD REPAIR/ PRIMARY 4 EXTENSION PROGRAM TO CAPITAL PROJECT 2-026, 5 "STREET RECONSTRUCTION II," FOR ROAD PAVING 6 PROJECTS 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA THAT: 10 11 1. $1,000,000 is hereby accepted from the Virginia Department of 12 Transportation and appropriated, with revenues from the Commonwealth increased 13 accordingly, to CIP # 2-026, "Street Reconstruction II," for the paving of Atlantic Avenue 14 Northbound and Southbound lanes between 66th Street and 80th Street, Shore Drive 15 Eastbound lane between Greenwell Road and Marlin Bay Drive, and Virginia Beach 16 Boulevard Westbound lanes between North Lynnhaven Road and Little Neck Road. 17 18 2. The Council acknowledges that local funds necessary to complete the 19 balance of this paving project are available from existing appropriations in CIP # 2-026. 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: r Budget and anagement Services City Attorney's Office CA14817 R-1 August 2, 2019 N if,; w►-, SITE s3RP s,: . o °.. _ �� ' $3Ro SZ .V ' w E Wit; ' . NO S $,�5'( S ; 1�" x z ,p,.KENR� i -\ .112.Q 0 r tir �,i z$-TH Ilkierl,114'. _,,:,:,.,„:, 4 ,____,,,,„....„ _.,"„„-- ��,..„..„,a.,.,,, . a„, 'sr is ft, �_,�� First Landing F 0 s _ State Park' ,, likirDr filittur,e4, _r__ _, ,„. ., 10 i.,_ _1 -11-4.1.-• il wli ig, _ illtrA\ti . tU , . his LOCATION MAP NORTHBOUND AND SOUTHBOUND �` ATLANTIC AVENUE 66TH TO 80TH STREET ,4(0 �� ' PAVEMENT PROJECT - �"i 0 400 800 1.600 '� imil Feet Prepared by P.W./Eng./Eng.Support Services 7/29/19 X:\CADD\Projects\ARC Files\AGENDA MAPS\Atlantic Ave\66th to 80th SITE N SHORE _` :- W E 4 ;mDR "' r Y .l �` ,:;., 4 , ,--2-' ' iiitii: it., m.4% W *4140. '.. $41411 -,_IV ***are II ill"! ... ► . . le ,,,,e_., i" .1 t _ _ a * 4*ii* ift �/ rig", VP * 4?Sir It 41 tt 7461* -- ► ,qg ! p d ...kitvo .t z-_. Imo` f1,�1` l _,/(�;� �` st_ ,I 4 itir*Ai''''3,A Williv -'.' /* 4 '‘'w 4rats-mtve **-cffirthmll_ ) ----,----/. 1s14i 4►• t`*i 11ra '►ffq. v'�:='# ''%ice• •\14®�evitJ 4 ** ,�►J +w ♦ , -� avmes• Ile �►*+ ,/ ..�. irk* o ' t ♦411® refj , ..„1:)1,$:3 , w -vU \ 4* ;ilk , - z.* vi"_____ -10 _ A i , -- - . 4.0111. w� 100, / 4i'.. -it—ilitegokl,4,144 / :**140.7p=i-a-101k 101, -*VC•••••••is iikit„ ssiOrtlivatir, 4,,,,,,. .0,soures of ",.,. valtisis- 000 i LOCATION MAP co SHORE DRIVE - - �� _ _ " �,� , 2 EASTBOUND LANES FROM � � ,��/ 1 ,350' EAST OF GREENWELL 4 �� ®� pp �' ,�~ . ROAD TO r A►o� �'— = MARLIN BAY DRIVE PAVEMENT PROJECT , Aii �/� _ _ _ �''ry '`� 61 0 400 800 1.600 _ l "lift Feet Prepared by P.W./Eng./Eng. Support Services 7/30/19 X:\CADD\Projects\ARC Files\AGENDA MAPS\Shore Dr\Greenwell to Marlin Bay � YY }- SI ATE R$ 11111 w f/ N°I.BOir°7,_i4Ec'dho'"7- \ - 11 . 4/Iiii, 4_41' *9 tio). 4 . _ 40 doe* 4r. AoliFir.4.. 464 IN II IN , •# ■®o _ .� e'' !s4.��'e%��♦�,� - 11 * A* i% .4 P 674 a ,A Wilo isl y sIt �7.44Az s '�,.%T its melivaz, Aviiiiim 7 411 . 0 — utwOw4v t4tAgEkttIP4itt• - 4it 4011* 1 tim 3ts sib'0 o 1167 (k-At. '* -,'• 41r4 it,t,44 • t 405' ,l■ sa t f ♦S •aU'/� m it INA ► 1` `1`�� • ys1 40 L_ 0 ED%NBURGH D sit a. Iraftar ',� opt ,� - 'q. 44° 'Skit* j F-z- * CO CO CD Ai.. ,S, _7 > 0 < —1 itf## Wok . , , 41le iir 4**,,,,Itip* • Z 73 gig pi 1■i`► Al' ♦I ®• , i -' \ 4. 1"44,..4tteet# 4 limtc-__ igi Eke oe4: 04*: Ns *At tt1 ♦► ♦ t�` !t ,01111 mort. ' Ill '***Ilt 4 ***.* ' 1/ 0Itili rat 0 MSS la* I gee.tail ill I I II I I . " V I 1 I& 44.44$#. I''.°111 ' ISP 1111i1111$ %AO 10A\ Ate •.4s;Vi• / 41 gillia #v lop v *I** i%p r44iti4 1� 111 N, � r is a • WARREN PL ill Ii "mat IIIII&*�► . �`. jt�" '.. . low..... g • ip.Ap i t ' I ,, \ .tt *4�40 st tOjelSe`� Vb I i 1 1 rat** 0)•"A LOCATION MAP Ennis ®`! VIRGINIA BEACH BLVD. ® 0 4 4 WESTBOUND LANES FROM talt**01 iti **-44iii -,‘ .. foi 465 WEST OF N. LYNNHAVEN ROAD TO Pia w �_� L 100' WEST OF LITTLE NECK ROAD o 00,0��' - t ' < PAVEMENT PROJECT is llovr m• :._ 0 400 800 1,600 I® X\ r r / Feet Prepared by P.W./Eng./Eng.Support Services 7/29/19 X:\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Blvd\N. Lynnhaven to Little Neck N: >f 1�4vv�' CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Surplus Funding from the Virginia Department of Transportation's Highway Infrastructure Program to Capital Project 2-049, "Centerville Turnpike Phase II" and Transfer $1,380,901 from Capital Project 2-049 to Capital Project 2-110, "Nimmo Parkway Phase VII-B" MEETING DATE: August 20, 2019 • Background: The Highway Infrastructure Program (HIP) is federally funded program intended to help local sponsors fund regionally significant highway and transit projects with a focus on arterial roadways. The HIP is a subgroup of the Regional Surface Transportation Program (RSTP) and is part of the core Federal-aid Highway program. The HIP is not a grant program, and funds are only available on a reimbursement basis with an 80% / 20% split between federal and state funds. The HIP program does not require a local match. At times, the HIP program has excess funds, which are then disbursed to eligible and active RSTP projects in the Commonwealth. • Considerations: The City has received $1,380,901 ($1,104,721 federal and $276,180 state) of surplus FY 2018-19 HIP funds for Centerville Turnpike Phase II (CIP # 2-409). The Centerville Turnpike Phase II project is an active, existing RSTP project that is therefore eligible to accept the surplus HIP funds. The project will improve Centerville Turnpike, a major arterial road, from Indian River Road to Kempsville Road, by expanding a two-lane undivided roadway into a four-lane divided roadway. The Centerville Turnpike Phase II project is currently fully funded. The addition of HIP funds will result in the project being overfunded. Local funds currently on the Centerville Turnpike Phase II project can therefore be transferred to another project. Nimmo Parkway Phase VII-B (CIP#2-110) is an existing Roadways CIP project with a balance to complete of $28,172,074. As such, $1,380,901 in local funds are proposed to be transferred from Centerville Turnpike Phase II to Nimmo Parkway Phase VII-B. The excess HIP funds must be obligated prior to September 2021 or the funds will be de- allocated and returned to the RSTP reserve account. Centerville Turnpike Phase II will commence construction prior to this deadline and therefore funds will be able to be spent for reimbursement prior to the state deadline. ■ Public Information: Normal City Council agenda process. • Attachments: Ordinance; Maps (2) Recommended Action: Approval Submitting D partment/Agency: Public Works h--, City Manage : 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION'S HIGHWAY INFRASTRUCTURE 4 PROGRAM TO CAPITAL PROJECT 2-049, "CENTERVILLE 5 TURNPIKE PHASE II" AND TRANSFER $1,380,901 FROM 6 CAPITAL PROJECT 2-049 TO CAPITAL PROJECT 2-110, 7 "NIMMO PARKWAY PHASE VII-B" 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $1,104,721 in federal pass-through surplus Highway Infrastructure 13 Program revenue is hereby accepted from the Virginia Department of Transportation and 14 appropriated, with federal revenues increased accordingly, to CIP # 2-049, "Centerville 15 Turnpike Phase II." 16 17 2. That $276,180 in state surplus Highway Infrastructure Program revenue is 18 hereby accepted from the Virginia Department of Transportation and appropriated, with 19 revenue from the Commonwealth increased accordingly, to CIP # 2-049, "Centerville 20 Turnpike Phase II." 21 22 3. That$1,380,901 in local funds are transferred from CIP#2-049, "Centerville 23 Turnpike Phase II" to CIP # 2-110, "Nimmo Parkway Phase VII-B." Requires an affirmative vote by a majority of all 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: n ja,A Budget and Management Services City torn y's Office CA14816 R-1 August 2, 2019 lit.44 yr��is t: —�" \ �La • N , wit /0 N -11w+ 047,0 ..,, voirrini• )41.11--- r-,„ "Act % ,'L tk-FT.,;•'..., ii1N,07401 ---,Jo r_ ''.:_l'''' '•..'P t I I elfralUtak* , . / •• • %iv qti R, k ,,c) ./91// ( / ERR 4: 44 ''q'.,,,,- -, , ot':, ill - 7 , i . 447A/?_____'11111_-11.Ifl:I 1111--1-----fttill_i i,_______, ii :'./2.e:r/i/./ ill abtabi-- ftiEz!*! �� :, �' • 11 i--1°#\----ir A6-1 , 's r I/ /I) , ./p 4V---/ '-'''''----: ' \/N,./' \\ 0\ -,c) 0 *AV / , , , ,, �Sy ie it�� I I‘,‘Nii-/4 /% 4 / '-'' I-44****/ ,.,_c " ri1141..V 44 7'44 . /: .:%*. 11104 11-.4.4 '/ .'' Gok, co_'s- , < ►�., ire, , � , wool 46./ k „ vr , i ' / " ' „ J� ' � � �� • .ski . , & N.4*4 lie / co ,40/.:.,../ ,i,,, ..,/s/,,, , , ,.: . ,,,NN_Iti,. . %sto, Ve AC4 al I(a ': *\ 4 0 QUO%iow:2--* At,.N ,44" ' igir 4 ; ,''f larry (.7 4** /St , 0 Pi 4 _,, i4 0 V/V4A08 N/ \< \ '444/ 1• ,41‘;,! ,;4, :467,10,1•:c2, \ \ ,<4tii::04.\.2‘..-"%,--:' A /, ,,../ s _ \ /./ 1.,,,,,<,, ,,i.7,,,/,/,..niic,:;,.,,\47_ , , , 4„:::„,,,/, ill ,,. ,,,,.t. 410,,,./0 /...._„:„Lati.,0V4 4.; . Aiii, ,_ 11140r.,i): /\ LOCATION MAP CENTERVILLE TURNPIKE PHASE II CIP 2-409 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Centerville Turnpike Phase II Q I S 1 � r R'°oF SITE �° i.° R a ec 0 G ®�°- ®� U`a-7 t:4 m d, I%tfrg , 0°0 w . OS 010707-Vs. '4c).,' /at& rillipr NAA.0% tiji70% s Akgfe4-7 ri N/ 11P-k e* >\ P , ,,; \o 4® Nimmo Parkway - PhaseVll-B 70/AA 1.4 .- ki,li ,t,, ,tteiv(sf44-. ..,*4..‘ 43.4X4t,'..h.V.,(4)s c'r--CT/1; 4,744avvely—it wAII4v4‹,:i4" / © ® � ® coop �� ®oo4. 00,&- aQ � ►4©S0i we--a , ©per q oRk 44 Ict 4/#410 00, "hi?' 4.e®41 ®,iFilli ,06 . .,. 4 ��® Gj 41P0 04a Qr,0,40) E'cc c Q 1/4-94f • ,asi1s1\0,*-,.-*W_,,- 401 c" t -- / ,;‘,‘ LOCATION MAP kikGNimmo Parkway - PhaseVll-B li �' ° CIP2.110.000 o €: ` . Feet Want \�NII��® 0 600 1,200 2,400 Dronorod I,,,DIA//Fn,, /Gnn c„nnnrt conrirne Pim... a n0_")R_1R X:\CADD\Proiects\ARC Files\AGENDA MAPS\Nimmo Pkwv\Phase VII-B K. PLANNING 1. TOWN CENTER ASSOCIATES 9,LLC for a Special Exemption of Alternative Compliance re multi-tenant blade sign at 4556 Commerce Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ANINA BUDIG/WEBLIN PROPERTIES, LLC for a Conditional Change of Zoning from R- 10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay)re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE (Deferred from June 4, 2019) APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 3. PRINCESS ANNE HOTEL, LLC / CITY OF VIRGINIA BEACH for a Modification of Proffers at the Northeast intersection of Princess Anne Road & Community College Place DISTRICT 1 —CENTERVILLE (Approved April 16, 2019) RECOMMENDATION: APPROVAL 4. DAVID W. & KIMBERLY B. LEE for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 617 South Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. JOHN E.&JENNIFER K.ALEX for a Street Closure re one-half of an unimproved,unnamed alley adjacent to the rear of 536 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. Ordinance to ADD Section 223.02 and AMEND Section 501 of the City Zoning Ordinance(CZO) re Assembly Uses in Residential Zoning Districts RECOMMENDATION: APPROVAL 7. DRAYBUN SAJO, LLC for a Conditional Use Permit re assembly use at 5592 Sajo Farm Road DISTRICT 2—KEMPSVILLE APPLICANT REQUESTS INDEFINITE DEFERRAL RECOMMENDATION: APPROVAL 8. KI KENNELS,LLC/KAREN BRUMLEY POOL for a Conditional Use Permit re commercial kennel at 6444 Knotts Island Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL o`` # �,777jj u �,�� I :-.--. ' y ,,,.,;11 Id `Latin�.J, NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach,Virginia,on Tuesday,August 20, 2019 at 6:00 p.m.,at which time the following applications will be heard: David W. Lee & Kimberly B. Lee [Applicant] Street Closure Adjacent to 617 S.Atlantic Avenue(Adjacent GPIN 2426395548) COUNCIL DISTRICT - BEACH John E. & Jennifer K. Alex [Applicant] Street Closure Adjacent to 536 Vanderbilt Avenue (Adjacent GPIN 2426394360) COUNCIL DISTRICT - BEACH KI Kennels, LLC [Applicant] Karen Brumley Pool [Owner] Conditional Use Permit (Commercial Kennel) 6444 Knotts Island Road(GPIN 2337815635) COUNCIL DISTRICT-PRINCESS ANNE Town Center Associates 9, LLC [Applicant & Owner] Alternative Compliance 4556 Commerce Street (GPIN 1477541429)COUNCIL DISTRICT -BAYSIDE CITY OF VIRGINIA BEACH-An Ordinance to Add Section 223.02 And Amend Section 501 of the City Zoning Ordinance Pertaining to Assembly Uses in Residential Zoning Districts. Draybun Sajo,LLC[Applicant&Owner] Conditional Use Permit(Assembly Use) 5592 Sajo Farm Road (GPIN 1469209187) COUNCIL DISTRICT - KEMPSVILLE Anina Budig [Applicant] Weblin Properties, LLC [Owner] Conditional Rezoning (R-10 Residential to Conditional PD-H2 [R-10 Overlay]) Planned Unit Development) 5588 Moores Pond Road(GPIN 1468564635) COUNCIL DISTRICT-BAYSIDE Princess Anne Hotel,LLC[Applicant]City of Virginia Beach[Owner]Modification of Proffers (Conditional B-4 Mixed Use) Northeast Intersection of Princess Anne Road&Community College Place(GPINs 1485349414, 1485442154)COUNCIL DISTRICT-CENTERVILLE 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/pc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). PILOT:AUGUST 4 and 11,2019-1 TIME EACH BEACON:AUGUST 11,2019 �vI r eA!Ja Je;ua3 UMOj ( J i z-6 . B 31 C i LPL o Gi =` o c � Q o 'El J 2 Q ,•f o -:r El a E _ CO 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ DCJE ;, 01 c p a _ I a n uaAy lied lei;ue3 \ti —1-gi r',1 8 , 0 CD Q o i' k ;. Ii ;a0J;g ;a,JB1 4aeJ;s ;a iie W zzl-PaJ 4S 4a auV U Ln o /// 4. lin v Q .. -----,.) o a), a obi u , , ./, Li w a O (iL_ = o ' U u, cm•C g J1f!J N CE Cl1 t El_ r l r I 1 C ,-: \1A BfgC r i, r� �. .a%'h71)) ( F S 4'. s� IL CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: TOWN CENTER ASSOCIATES 9, LLC [Applicant & Property Owner] Special Exception for Alternative Compliance (Multi-Tenant Blade Sign) for the property located at 4556 Commerce Street (GPIN 1477541429), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: August 20, 2019 • Background: The property is located within the Central Business Core (CBC) District at Town Center, an area with unique regulations for signage. There is currently one elevated public terrace that is located adjacent to the Zeiders American Dream Theater and creates an elevated mid-block connection between Columbus Street and Commerce Street. This public terrace is a unique design element and creates a condition in which three storefronts exist only at the second level, do not have a ground story presence, and the main entrances are oriented towards a plaza space not easily seen from street level. Based on this, the applicant requests a Special Exception for Alternative Compliance to install a multi-tenant blade sign to increase exposure for the tenants. • Considerations: The elevated storefront location makes it impossible to comply with the signage regulations in two distinct sections of the CBC regulations. Specifically, the signage location is not on a portion of the building wall occupied by the establishment and the businesses that the sign will advertise are not ground story establishments. The proposed signage will be located at a ground story location adjacent to one set of stairs that will allow access to the storefronts. The proposed sign will also announce the presence of the public terrace in this location. The request for the proposed sign is acceptable as it will assist in wayfinding to second story establishments and the public terrace that may be somewhat challenging to locate otherwise. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Town Center Associates 9, LLC Page 2 of 2 1. The blade sign shall substantially conform to the submitted exhibit entitled "Premier Apartments Wayfinding Signs, Sign Permit Drawings Rev. L Final" dated 5/30/2019 and prepared by Advanced Design. 2. The words "Public Terrace" or other name as determined by the Town Center Advisory Board shall be added as a separate listing on the sign, either above or in place of "Use Stair." 3. In order to accommodate the additional listing for "Public Terrace," the size of the sign may be increased up to 12 square feet per face. 4. The sign shall be placed at a pedestrian-oriented height while maintaining a minimum vertical clearance of eight feet. 5. The sign shall not exceed 12 square feet in size and shall not extend more than three feet from the building. 6. The bracket used to attach the sign will be finished in a manner to make it blend in as much as possible with the existing stone color so that it will not stand out when installed. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D rt gency: Planning Department City Manager. Applicant Town Center Associates 9, LLC Agenda Item Property Owner Town Center Associates 9, LLC N �� Public Hearing July 10, 2019 City Council Election District Bayside 9 Virginia Beach Request Alternative Compliance (Multi tenant projecting/blade sign at Bunker Hill Lane r ^es�a^e Cep 0 Valley Forge Lane +,. p9` stairway from sidewalk to public terrace and f• �. Crown Point Lane second story establishments.) tCorporation Lane c. 6 d Staff Recommendation d Approval C ®.. u d - Staff Planner R Lt _° Virginia Bead Sou s = 6 R Bank Street > Ashby Moss a o y Main Street s. b G Colurtus Street 4' Location s Nina Drive 4556 Commerce Street Mandan Road °' GPIN Conestoga Road --Tc Lisboa Lane 4' Q 147754142 90000 a ao,6 Site Size oaa^°age a +/ 1 Acres w,''+. , o.r»`''^ �'1 eo^^em a AICUZ •Vtca �° d6 ti Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Civic, Residential, Restaurant (Opening Soon)/CBC ,. * ; - t + l=_1 . Central Business Core - dam i'w Si Surrounding Land Uses and Zoning Districts i x �* i 4..... ;, Northam i Commerce Street €g r�irlk Shhu 1 Z C, g Restaurant, Retail/CBC Central Business Core ii$ ` `'orm _ South i t i`. - "Mai `Stt =,i amStres^t Columbus Street it { _ a StteerCan ripr a Shoot Office, Open Space/CBC Central Business Core a,' - f .. East +�I . , "i Central Park Avenue _ �'' h - - „Cc it iiibiis"Sti ' (' iit m i.- Street" -.ohtmhr ,-ictre Retail/CBC Central Business Core West Market Street Hotel, Restaurant, Office/CBC Central Business Core Town Center Associates 9, LLC. Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant requests permission to install a multi-tenant and directional blade sign to direct pedestrians to Town Center's new Public Terrace and three establishments located on the second level. • The proposed sign depicts the same information on both sides A and B in blue and white lettering and is constructed of%" thick aluminum. The sign dimensions are 3' wide by 4' high, totaling 12 square feet per side. • The sign's proposed location is adjacent to the exterior stairwell located mid-block along Columbus Street on the south side of the property. • The property is located within the Central Business Core (CBC) District which has unique regulations for signage. A Special Exception for Alternative Compliance is necessary because the proposed sign does not comply with two code of these code sections: o Section 2210(a)(12) of the Zoning Ordinance limits projecting or blade signs to ground story establishments only and to a maximum nine square feet per face. o Section 2210(b)(5) states that "all signs shall be located on that portion of a building wall occupied exclusively by the establishment that is associated with the sign." • All other code requirements for projecting signs will be met including: a maximum of two faces parallel to each other, no hanging sign on the same building façade, no internal illumination, will not project more than three feet over sidewalk, and will maintain and eight-foot clearance above ground level. Zoning History # Request -' 0VirginiaBeach Boulevard All REZ(B-3A to CBC)Approved 02/25/2012 a e _w ; 1 CUP(Multi-family Dwellings)Approved 06/28/2005 % i REZ(B-3 to B-3A)Approved 03/09/2004 CBC CBC CBC o BC 2 CUP(Multi-family Dwellings)Approved 08/25/2009 l S I STC Approved 03/24/2009 Bank saw —_ _ I 7 3 CUP(Private College/University)Approved CBC ti, CBC Main street ~— 03/24/2009 k, I ( - STC Approved 03/11/2003 «r_ sweet 3 j CUP(Multi-family Dwellings)Approved 09/24/2002 CBC CBC i 4 CUP(Religious Use)Approved 08/09/2011 CBC CBC CUP(Multi-family Dwellings)Approved 10/10/2006 CUP(Private College/University)Approved Columbus Street n 06/14/2006 FT REZ(B-3 to B-3A)Approved 05/10/2005 CBC CBC 0 5 CUP(Private College/University)Approved e -- - ' , 1 -- 06/25/2006 J ,___ j - 6 CUP(Private College/University)Approved i------- o •.,, i- ,i 13. i Nina Drivc B-4 I R 11/12/2008 REZ(B-3 to B-3A)Approved 10/10/2000 7 CUP(Private College/University)Approved 5/72019 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 Town Center Associates 9, LLC. Agenda Item 9 Page 2 Evaluation and Recommendation The request for a Special Exception for Alternative Compliance for the proposed sign is acceptable.The sign will provide direction to second story establishments that may be somewhat challenging to locate otherwise.There are a few unique instances in which second story tenants are accessed through public plaza spaces and do not have a ground story presence.The pedestrian scale and orientation of the proposed sign aligns with the pedestrian-oriented environment and urban core setting established for Town Center through the Comprehensive Plan, Pembroke Strategic Growth Area Plan, and Central Business Core District Design Guidelines. Therefore,Staff recommends approval of this request as conditioned below. Recommended Conditions 1. The blade sign shall substantially conform to the submitted exhibit entitled "Premier Apartments Wayfinding Signs, Sign Permit Drawings Rev. L Final" dated 5/30/2019 and prepared by Advanced Design. 2. The words"Public Terrace"or other name as determined by the Town Center Advisory Board shall be added as a separate listing on the sign, either above or in place of"Use Stair." 3. In order to accommodate the additional listing for"Public Terrace," the size of the sign may be increased up to 12 square feet per face. 4. The sign shall be placed at a pedestrian-oriented height while maintaining a minimum vertical clearance of eight feet. 5. The sign shall not exceed 12 square feet in size and shall not extend more than three feet from the building. 6. The bracket used to attach the sign will be finished in a manner to make it blend in as much as possible with the existing stone color so that it will not stand out when installed. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this area as the Central Business District/Core Area of the Pembroke Strategic Growth Area and describes it as a well-designed urban center with a complement of office, retail, residential, educational,entertainment, cultural, restaurant, open spaces, and other uses.The vision for the Pembroke SGA is a central urban core with a vertical mix of uses,great streets, mobility and transit alternatives, gathering places, environmental and neighborhood protection,green buildings and infrastructure opportunities providing a variety of civic,commercial, artistic and ethnically diverse areas. Town Center Associates 9, LLC. Agenda Item 9 Page 3 Public Outreach Information Planning Commission • A slightly different version of the proposed sign was presented as part of a Wayfinding Sign package to the Central Business District Association's Design Review Committee on January 10,2019.The Committee voted unanimously to approve the sign package, with minor recommendations for improvements.The recommended improvements have been incorporated into the final design. • 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's 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,August 4, 2019 and Sunday,August 11, 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 August 5, 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 16, 2019. Site Photo with Proposed Sign a q - tS w ,' - \ ,.\\,_11, 4/1 t lit El ...i... "" Town Center Associates 9, LLC. Y Agenda Item 9 Page 4 Proposed Sign Elevation 2"/ 10" 6"- 0) (4") - \ Zov. Z RS co AMERICAN DREAM THEATER EQ nEmi Ept BY ARMADA HOFFLER PROPERTIES Cantina LAREDO LT_ \ 4.-o" modern nnexican ^ c/ v QJ cc � EQ Public Terrace a - .92 as o • cog . NUse Stair c (41 `' South Stairwell Directional Sign 1. Sign to be fabricated from 1/4"Thick 5052 Aluminum Sheet. Sign Size Calculation: 2. Sign to be attached to existing building using 3/8"diameter 12 Square Feet bolts set in Hilti HY-200 epoxy;minimum 4"embedment in CMU. CMU is approximately 2"behind stone wall face. Z MOO NAM TUBZ AMERICAN DREAM THEATER 1 UZ a I'1i1 MIER -P�Wl iILi{ Q ; " Cantina LAREDO Cantina LAREDO modern mexican modern me.- I '51 Public Terrace Public Terrace g R Use Stair Use Stair 0 Side A Side B Town Center Associates 9, LLC. Agenda Item 9 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Town Center Associates 9,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 indude, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning APpeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AI dsdosiaes daze j ts*a(2)weeks prior toany Page 1 of 7 Ptanno-Q c comenon and C.ty Ccu ncd meeting trat eta ro to the al ,Tcatsonfs). Q` APPLICANT NOTTFIEDOF HEARING DATE 7 12.3(1 A Gri NoCHANGLSASOF LATE "11i3►1c\ f © REVISIONS SUBMITTED DATE Town Center Associates 9, LLC. Agenda Item 9 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. c'xt; Check here it the APPLICANT IS a corporation. partnership. firm, business, or other unincorporated organization, (A) List the Applicant's name-Town Center Associates 9, LLC If an LLC, list all member's names: Town Center Associates 9, LLC Member: Armada !loftier, LP' Manager:Armada [loftier Manager. LLC' "see attached 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 I or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary: See attached See rext cage'or irformatiorr xrtairirg to footrotes r and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Anwlkant. 711 Check here it the PROPERTY OWNER IS NOTa corporation,partnership, firm; business.or other unincorporated organization. j 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 Town Center Associates 9, LLC. Agenda Item 9 Page 7 Disclosure Statement Eot Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: Attach list if necessary) 'Parentsubstdrary 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 Laval Government Conflict of interests Act.Va. Code §2.2 3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent subsidiary relationship, that exist when (t)one business entity has a conuolliny ownership interest in the other business entity,fii)a controlling owner in one entity is also a controlling owner in the other entity,or 00 there is shared management or conuol 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 dose working relationship between the entities.' See State and Local Government Conflict of titerests Act, Va.Code t 2.2 3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 _t 7 Town Center Associates 9, LLC. Agenda Item 9 Page 8 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO t SERVICE PROVIDER(use additional sheets if I i __ needed) EjAccounting and/or pre parer of U your tax return Z [] Architect/Landscape Architect/ Cox Kbewer&Company.PC k— Land Planner Contract Purchaser(if other than the Anolicant)-identify purchaser and purchaser's service providers Any other pending or proposed 11 purchaser of the subject property (identify purchaser(s)and purchasers service providers) Construction Contractors AHP Construction.LW UEngineers/Surveyors/Agents Advanced Designs Financing (include current Bank of America,NA 5j [n1 mortgage holders and lenders l_..J selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Faggert 8 Frieder. PC Real Estate Brokers/ Divans Real Estate.Inc. vl Agents/Realtors for current and �I anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development N 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 i Town Center Associates 9, LLC. Agenda Item 9 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete.true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. See attached 5/17/19 APPLICANTS SIGNATURE PRINT NAME DATE 'age 5 vF 7 Town Center Associates 9, LLC. Agenda Item 9 Page 10 Disclosure Statement OWNER Virginia Bewh YES ( NO SERVICE 1 PROVIDER(use add'tionai sheets it needed) :'l Accounting and/or preparer of your tax return ❑ l l Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ ❑ the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed C �1 purchaser of the subject property 1 (identify purchaser(s) and (� purchasers service providers) L_D Construction Contractors E1- Engineers/Surveyors/Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 7 in Legal Services Real Estate Brokers / (— Agents/Reactors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have t 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 6of7 Town Center Associates 9, LLC. Agenda Item 9 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. See attached 5/17/19 PROPERTY OWNER'S SGW DR£ I olt1NT NAME j DATE i Page 7 of 7 Town Center Associates 9, LLC. Agenda Item 9 Page 12 Disclosure Statement APPLICANT'S NAME: Town Center Associates 9,L.L.C. Manager: Armada Hafller Manager, LLC Sole Member: Armada Hoofer, L.P. APPLICANT'S MANAGER: Name: Armada HoHter Manager,LLC Managers: Louis S.Haddad Michael P. O'Hara Sole Member. Armada Hoffler,L.P. APPLICANT'S SOLE MEMBER: Name: Armada Baffler,L.P. [the"Operating Partnership" for the REIT'] General Partner: The REIT' Limited Partners: The REIT' which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited partner instors in the Operating Partnership. THE REIT*: Name: Armada Horner Properties,Inc. Executive Officers: Daniel A.Huffier—Executive Chairman of the Board A Russell Kirk—Vice Chairman of the Board Authorized Officers:Louis S.Haddad—President&CEO Michael P. O'Hara—CFO, Secretary&Treasurer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company. Town Center Associates 9, LLC. Agenda Item 9 Page 13 Disclosure Statement TOWN CENTER ASSOCIATES 9,L.L.C., a Virginia limited liability company BY: ARMADA HOFFLER MANAGER,LLC, a Virginia limit bility company Its Manager By: Louis S.Haddad,Manager Date: 5 1 ( 1 .2019 Town Center Associates 9, LLC. Agenda Item 9 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Town Center Associates 9, LLC. Agenda Item 9 Page 15 Item#9 Town Center Associates 9, LLC Alternative Compliance 4556 Commerce Street District—Bayside July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: All right, thank you. The next item is item number nine. And that is an application for Town Center Associates 9, LLC, the applicant and owner for alternative compliance at 4556. Commerce Street in the Bayside District. Mr. Ward: Hello, good afternoon. I'm Carter Ward. Ms. Rucinski: And are the conditions acceptable to you? Mr. Ward: Yes. Ms. Rucinski: All right. Thank you. Is there any opposition to this site and being placed on the consent agenda? Seeing none, the chair has asked Commissioner Dave Redmond to read this to the record. Mr. Redmond:Thank you, Jan. This is not a very usual application. This is an application for alternative compliance. This site in the Town Center lies within the central business core district. The signage requirements within that district are very specific and very stringent. The long and short of it is a blade sign typically has to attach to a wall that is adjacent to a particular business. This is a multi tenant blade sign that will not because there are more than one tenant on it. It needs the alternative compliance under the ordinance, specifically so we can be placed on this location near the stairwell which projects into the plaza of Town Center. That's the place to put sign, if it is to most effectively serve the public interest, which is to allow people, which there are a lot who move around the plaza center of Town Center and so it makes eminent sense that the blade sign would be located there. There is no detriment to having a blade sign at that spot in Town Center. There is the obvious public benefit to it. There is no opposition and the Planning Commission feels that this is best dealt with by placing it on a consent. Thank you. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D1 have been approved by consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ALCARAZ AYE BARNES AYE 1 GRAHAM ABSENT HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCD SKI AYE WALL AYE WEINER ABSENT CONDITIONS 1. The blade sign shall substantially conform to the submitted exhibit entitled "Premier Apartments Wayfinding Signs, Sign Permit Drawings Rev. L Final" dated 5/30/2019 and prepared by Advanced Design. 2. The words "Public Terrace" or other name as determined by the Town Center Advisory Board shall be added as a separate listing on the sign, either above or in place of"Use Stair." 3. In order to accommodate the additional listing for"Public Terrace," the size of the sign may be increased up to 12 square feet per face. 4. The sign shall be placed at a pedestrian-oriented height while maintaining a minimum vertical clearance of eight feet. 5. The sign shall not exceed 12 square feet in size and shall not extend more than three feet from the building. 6. The bracket used to attach the sign will be finished in a manner to make it blend in as much as possible with the existing stone color so that it will not stand out when installed. 2 t -_- , �-1\- '�`-- t . t) ,.7. :. 4-77-, , glh ,' ( \-?-j 1, 4 r h c / it/5.,\ r o vcr * I .'s)i tr Nir _4 p„ O --) , - ''-.---''-----0C-- ''' 10 . !I( *".4) ,=:1"' . 4 ' 4 D , , .,./ ,z, Q j volt T r QLj g M .. �J. aH ,, /ter' o . i 4111p .(2. . . ..... ,.,,4. / „ it _. ,--,, -,:, v.....,- . ,, , ._ ... ,, csk. ,,, _ . fX -1..-:;/- 41t nt.%" \Ail\ / -. CP 17 ix ''. ifS) 41‘1INX41kSe, i 'lei ': , i,,,---1 4-s, ITS 0 ---L---1 440 \ Sv _i _,L ?.,,c j1,? *-4, .- 0 rje 1004. 4.144.\ . .1,. ,,,,,,..„,,,-. , ,.. . ., ,......... _ _., ,... N4 s 6 1/4‘4 s‘%*t•- ... c -• ---- , 4 oo co 4 NliiiiistkL _. S' - .4 4-/ in l‘a4N.. / ,/ - r�r f f .• ` � F 1 w7 r. jTI! 0 �- l ;/ 7 # I! ` + '1 -`--, Q _art-- y t�/ . 4: ?,. ' C.�c / 4, �, J m Gnw I 4 o . 'f.--11:::7\>N_TI. ''. ' °' a3 Amanda F. Barnes From: Anina Budig <abudig@networkindustries.org> Sent: Wednesday, August 14, 2019 2:58 PM To: Amanda F. Barnes Cc: rruloff@srgslaw.com; City Council;Jonathan D. Sanders; brian@kirwinstrategies.com Subject: Withdrawal of Weblin Project Ms. Barnes, I am withdrawing my application for the Weblin Project rezoning. Please include this withdrawal in all of your public notifications. Thank you so much for all of your assistance. Respectfully, Anina Budig President Network Industries 757-435-7667 1 5409f,-y� �, i ff CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: ANINA BUDIG [Applicant] WEBLIN PROPERTIES, LLC [Property Owner] Conditional Rezoning (R-10 Residential to Conditional PD-H2 Planned Unit Development (R-10 Overlay)) 5588 Moores Pond Road (GPIN 1468564635), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: August 20, 2019 ■ Background: This application was previously deferred by the City Council to the August 20, 2019 meeting. The applicant requests an indefinite deferral in order to consider alternative development options for the property. The Weblin property is a 6.54 acre site located on Moores Pond Road in the Bayside District. There are four existing dwellings on the property: a single-family home (the Weblin House); a duplex; and a garage apartment. In addition, the site includes a number of farm buildings including a milk barn, three silos, a greenhouse, and sheds. The eastern portion of the site is used to grow hops. The applicant requests a Conditional Rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development in order to provide a total of 15 residential units on the property under a Co-op regime — four in the existing dwellings, six in two new residential buildings, and five in the renovated milk barn. The proffered building elevations for the two new residential buildings reflect a rural architectural vernacular that includes front porches, and a simple gable standing seam metal roof. Other design accents include a brick foundation, grey cement fiberboard siding, and beige cement fiberboard trim. The exterior of the existing milk barn will be repainted in a complimentary color. The Virginia Historic Preservation Foundation granted a Deed of Easement for the Weblin House property to the Virginia Board of Historic Resources on October 24, 1997. The Easement provides specific protections and restrictions for the property and runs with the land in perpetuity, meaning the terms of the Easement apply to all subsequent property owners. The City of Virginia Beach cannot enforce the terms of the Easement, as the City is not the holder of the Easement. Based on a letter received by the applicant from the Commonwealth's Department of Historic Resources, the proposed development is consistent with the terms of the easement. Anina Budig Page 2 of 2 ■ Considerations: The proposed Conditional Rezoning is deemed by Staff and the Planning Commission to be acceptable. The concept put forth by the applicant was carefully crafted to ensure minimal impact to both the historic character of the property and surrounding community. The plan, while not a typical suburban-style neighborhood, respects the Weblin House and the historic structures that are protected by the existing historic easement. This is evident by the reuse of the existing historic milk barn and farm buildings, use of rural vernacular architecture and building materials, and preservation of interesting historic structures. In addition, the proposed density at 2.29 units per acre is lower than the typical allowable density of three dwelling units per acre in the R-10 Residential District. The Virginia Department of Historic Resources finds the concept to be in compliance with the Historic Deed of Easement. Speakers at the Planning Commission meeting expressed concerns about the application including the nature of the future property ownership, compatibility with the surrounding community, conformance with the terms of the Historic Deed of Easement, and potential increase in traffic. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-2 with one abstention. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D t/Agency: Planning Department— y% 7 City Manager: Applicant Anina Budig Agenda Item 1\i/B Property Owner Weblin Properties, LLC Public Hearing April 10, 2019(Deferred February 13,2019) City Council Election District Bayside D1 Virginia Beach Request Conditional Rezoning (R 10 Residential to o ° ,..4 e Conditional PD-H2 (R-10 Overlay) Planned Unit V r :� .,.•° \-.("1 .. t,Development) "°'° \ �°`*, t x .4 di Staff Recommendation �. - se ,�• Approval i�1 � �, "� ,," Staff Planner - ao t 1 6,, I Jonathan Sanders �` te^"''° i t , t i E I } � #. Location �c•< T r , 5588 Moores Pond Road p`�° is+°t "ice • Q a` w..4.1.0 GP I N a.-„,,^ °6 r, i ,..,cam �'",„,. 1468564635 t . ; .r %% I ,i_VI salic Site Size 6.54 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District' M14 . Historic farm with four dwellings/ R-10 _ 4" s ''`� Residential Surrounding Land Uses and Zoning Districts ' North Single-family dwellings/ PD-H2 Planned r, Development , South * � , Weblin Farm Road ' _° Single-family dwellings/ R-10 Residential 4,7,,? .i 4 `--. ,s ; East Single-family dwellings/ R-10 Residential " ,.n ,,, f West -Ake 4 , sitaks t Single-family dwellings/Conditional R-10 Residential Anina Budig Agenda Item D1 Page 1 Background and Summary of Proposal • The application was deferred at the February 13, 2019 Planning Commission at the request of the applicant. There have been no changes to the application since the deferral. • The property includes the historic Weblin House, named for John Weblin, Jr., who owned the land from 1686 until 1716 and built the house during that time period. The Weblin House is listed on the National Register of Historic Places, the Virginia Landmarks Register and the Virginia Beach Historical Register. Listing on each of these registers is honorary and provides no restrictions or regulations. • H.C. Moore purchased the property in 1924 and continued the agricultural use that had historically been associated with the property. In 1976, there were 150 acres associated with the house. In 1994, the Moore family sought to subdivide the remaining 10 acres for development. Despite the historic agricultural use of the property, the land was zoned residential, specifically R-10 and R-40 Residential Districts. In 1996,the property was subdivided and the R-40 land was rezoned to R-10. This resulted in 30 individual parcels along the new Weblin Farm Road. Most of the dwellings were built on these sites in 1998 and 1999. • The 6.54 acre site currently exists with four dwelling units that include one single-family dwelling, a single-family dwelling that was converted to a duplex, and a garage with an apartment above. In addition, the site includes various structures such as a greenhouse, the milk barn, and various sheds.The eastern portion of the site is being used to grow hops. • The Virginia Historic Preservation Foundation granted a Deed of Easement for the Weblin House property to the Virginia Board of Historic Resources on October 24, 1997. The Easement is for approximately 6.5 acres, including the Weblin House, and provides specific protections and restrictions for the property.The Easement runs with the land in perpetuity, meaning the terms of the Easement apply to all subsequent property owners. The City of Virginia Beach does not enforce the terms of the Easement, as the City is not the holder of the Easement. A letter from the Department of Historic Resources stating that the concept is found to be in compliance with the easement is provided on pages 17 - 18 of this report. • The applicant requests a Conditional Rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development in order to renovate the interior of the milk barn and to redevelop the area where there is currently an existing garage and two vacant farm buildings. A total of 15 dwelling units are proposed— five in the milk barn, three in each of the two new residential buildings, and four in the existing residential units on the site. As the existing duplex appears to have been converted without the benefit of proper permits, the applicant is working with Permits and Inspections to bring the structure into compliance with current standards. According to the application, the property will be under a co-op ownership with an owners' association responsible for the maintenance of the property. • The three existing silos will remain and will be repaired as necessary. The exterior of the existing milk barn will be repainted.The proffered elevations for the two new residential buildings reflect a rural vernacular that includes front porches, and a simple gable standing seam metal roof. Other design accents include a brick foundation, grey cement fiberboard siding, and beige cement fiberboard trim. • Per the Zoning Ordinance open space requirement, and as stipulated in the proffers and on the plan, a minimum of 15%open space will be provided, primarily on the northern and eastern portion of the site. This equates to 0.98 acres. This standard is met, as approximately two acres of open space is depicted on the proffered plan. It is the applicant's intent to maintain as much of the existing plant material as possible. Additional plantings include a four-foot tall hedge in the rear yards of the two proposed residential buildings in an effort to add more Anina Budig Agenda Item D1 Page 2 screening. Any crops or goods that are harvested on site will not be allowed to be commercially sold, as the property will be rezoned for residential uses only. • The proffered plan depicts 48 parking spaces, which exceeds the minimum requirement of 30 spaces. In keeping with the rustic character of the historic property, gravel parking areas are proposed, and will be designed to support the weight of fire apparatus. Public Works Traffic Engineering has stated that a commercial entrance with a 30-foot long throat will be required, as multi-family developments are reviewed under commercial standards. Additional details related to the design of the entrance will considered during final site plan review. • The proposed stormwater system will include rain garden meadows (bioretention), which are depicted on the proffer plan to the west and north of the proposed residential buildings. 2 R-10' /,�I f / Zoning History # Request R 1 CRZ(R-40 to Conditional R-10)Approved 08/27/1996 R7 ;' r'�. 1 R-SoL 2 CRZ(R-8 to P-1, R-1 to P-1, R-1 to PD-H2, R-5 to R-8) R-to Qx! Approved 02/04/1985 744%**. / g r P 1 R-10 ft • ,y • R-10�- / Vim\ /, • 4{! �`R 5. 4 /R R•so'., Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion, the proposed request for a rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development is acceptable.The concept put forth by the applicant provides an opportunity to generate an income stream that will assist with the maintenance of the historic home and its surroundings. Staff believes that the proposed layout was carefully crafted to ensure the minimal impact to both the historic character of the property and surrounding community. The plan, while not a typical suburban-style neighborhood, respects the Weblin House and the historic structures that are protected by the existing historic easement.This is evident by the following design elements: use of gravel driveway and parking spaces, reuse of historic milk barn and farm buildings, enhancement and maintenance of existing plant material, use of rural vernacular architecture and building materials, and preservation of interesting historic structures. In addition, the proposed density at 2.29 units per acre is lower than the typical allowable density of three dwelling units per acre in the R-10 Residential District, and is consistent with the pattern of development that has occurred over time in the vicinity of this property. By comparison, Cypress Point to the north has a density of 3.28 units per acre and the adjacent houses on Weblin Farm Road were developed at a density of 2.96 units per acre. For the reasons stated above, Staff recommends approval of this request, subject to the following proffers. Anina Budig Agenda Item D1 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development (hereinafter "New Master Plan"). Proffer 2: Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects. The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled " New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. Proffer 3: Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A subs system similar to "gravel pave" will be used. Proffer 4: Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. Proffer 5: Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. Proffer 6: Low wood fencing (48")with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. Proffer 7: Open Space: Open community space provided will be in excess of 15%of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. Proffer 8: Units: The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. Anina Budig Agenda Item D1 Page 4 Proffer 9: Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. Proffer 10: Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. Proffer 11: Cooperative Association: Membership in the Cooperative Association is mandatory. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, density and architectural design. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources associated with the site. The site has a recorded Virginia Historic easement. The Commonwealth of Virginia Department of Historic Resources (DHR) manages the easement. The applicant has supplied a letter(on pages 17 -18 of this report) from DHR which permits and acknowledges the proposed changes to the property. The Weblin House is listed in the National Register of Historic Places, the Virginia Landmarks Register and the Virginia Beach Historical Register. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Weblin Farm Road No Data Available Existing Land Use 2 31 ADT Proposed Land Use 3- 111 ADT 'Average Daily Trips 2 as defined by a single 3 as defined by a single-family dwelling 4 LOS=Level of Service family dwelling and three unit and 14 multi-family units multi-family units. Anina Budig Agenda Item D1 Page 5 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Luxford Elementary 514 548 3 -2 Bayside Middle 672 918 2 -1 Bayside High 1,868 1,827 3 -2 '"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant/applicant's representative met with the neighbors at their site on January 29, 2019 to discuss the details of the request. According to the applicant,40 neighbors were in attendance. • Fifty-five letters of opposition have been received by Staff noting concerns related to potential traffic, density, noise, property maintenance and property values. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 9,2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, March 24, 2019 and Sunday, March 31, 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 March 25, 2019. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 4, 2019. City Council • As required by City Code,this item was advertised in the Virginia Pilot Beacon on Sunday,August 4, 2019 and Sunday,August 11, 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 August 5, 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/citv-clerk/citv-council/Documents/BookmarkedAgenda.pdf on August 16, 2019. Anina Budig Agenda Item D1 Page 6 Existing Site Survey m 1 3' M- • .toot M.LI,LZ.Of S 1 t t J� . i f9 N I li C z n oy ry r n M ♦ 3 ti — — • tent ;iiI. Y [ �' Ste ii f 1. ros - f :s it yz • .L \\...9114 � r / �L ry � ' T � si s. �I • = :� III iiilti% a 99e Ltez x a r 1 e a �YQ f . w! ramt ' .aa .9DQ .{ ,_ ,i i' Ej si 3 •.i.Lo.iO.tt l{[I[ pe R h. SE Iy tof - ZL 1,1*ZO , e _ 3 $t Ito s 1*; ‘\ W 4.Q g 1 r : 1.0 1.. ,..: ia i x S , -1s9 w 1‘, '� � rut - 11 -t' 2.Q�,9td2 N C ; C - 1 xy hm - nA A m` - Yq is t99-99 a '6sZ ITN) Z 3904d ',twos i'WOC S52$4.O iv(ADO L d38d JO POSWO8n5 Anina Budig Agenda Item D1 Page 7 Proposed Site Layout r ' if il �l : o Ili ;11 1§1;'' `g 5 ; 0 = &- ;if= '2'17-II lw 9 i il' iil die§i 2 �� 1g $1z" E 1,11 il � k55$g :Saw : g f Egil4 3 blWD I1Iilhit ! ae r € < € [ PPEg 1,e1X2 Oi f '� U ' = L'I a QZ / / ti ,\p° Z / �' (9 3 11 f rr Z till ai IP g f / 11 49 - r oe i :� t = tit. $ 4 10* I /% f,/ trp!. ` 0 . el -. , F.., ,. , ,, J - a; ,jx? �j.1 y' f . C s .y `�• vie- T 7or, it' s� 9 , 7 ' 1d r V, i +N 4; %e 1. fL f �, �4 At ' pa �` �• � - , - omwrs ,, 4 ., „. cc ,,.....7 (.,,, „ : „ ; g , .,..,_, , ,,, , ., .1,..,,,....i.,. ,;::,.1 ,./ / .,.,.,,' ..'., r. / 4i {�,/ ' 1 *01 ~ o- c ,,. 4. �'+' / / / 4vie .6 v v, ,z1_ '=",l / % 'Sr .04,_ ate Ymrw, J / Ar. v a QzS- � / di — L /T `mac -'5i g E a -f . IA. J• Anina Budig Agenda Item D1 Page 8 Proposed Milk Barn Elevations • ran _a. _ �. i�� ' � �,� ,. .' �','nrr�1- 7 7 PROPOSED MILK BARN EAST ELEVATION AnlnO Budig WWIn Properties,LLC NOTES: S588 Moore's Pond Rood 1.TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. VFginia Beach.VA 23455 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 9 Proposed Milk Barn Elevations m ' oi~ :1i' # S — PROPOSED MILK BARN NORTH ELEVATION Anloa Budig Wobin Proprr$.e,LLC NOTES: 5588 Moore's Pond Rood 1. TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Virginia Beach.VA 23455 Da 2. EXISTING CONCRETE SILOS TO REMAIN. I0/26/18 Anina Budig Agenda Item D1 Page 10 Proposed Milk Barn Elevations 611111WfilhIll - [111 -. 1 1 1 1 �_,. ij I .-I t 1-- M 1 1 ,._ - ,1 1 J ='' r rI- 1I I I !I� 1 1 • I 1 1 1 1 111 ' '1 r r T T' � &., ii _ 1� .,.Il 1l. I i !.\iII �. I.I.I I!_ I!I!1,1 ..1!I,,I!L PROPOSED MILK BARN ELEVATION WEST ELEVATION AnIna Budig WWIn Properties,LLC NOTES: 5588 Moore's Pond Road I.TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Waco Beach.VA 23455 El 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 11 Proposed Milk Barn Elevations . ,-:._ M „_� �-- __lsT'10�7!!Tl$T! &if 1!E—i�!!l4S�4�-1!,- "214—04-2-611 —1.D.4 '3— .-, +u. �„...., 1��Lro� rrr r 71� r PROPOSED MILK BARN SOUTH ELEVATION Anima Budig Wobin Prop•rM.s,LLC NOTES: 5588 Moore's Pond Road 1. TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Virginia Beach,VA 23455 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 12 Proposed New Buildings - Elevations 111 r ,Or.)....o m+ c o 12<o c H < m O CI ii -- 6 m O ,0y :I U U _ >- >- z 0 O U L!: <r =Y ":Q6 Q WY 0(4 2U: °: OZ - - ` Ozm OO^OyxQ�OOozQUUwzw OD� ZQLLEL ina OZ 2t25,0zQ ww O=w Ll<amOOO> oo Vm=W , n HH <00006� n 00 ,43zzozz> Qa'a0a < i J OO OOaaaaO� a 2-cNiMvvi,6- y fi I6 I I'-I Anina Budig Agenda Item D1 Page 13 Proposed New Buildings - Elevations s�0a=..8 , , m . n D Q CCI E CO Q 0 d t O O G m p I.2 r © " I a ®" pI S ❑F- i 9:4 I :Till ❑ 4 - t1,I ❑ Q tY / , z u ` 1 i w <o� iI I 7 I I z I z x>tt- � °, fi w to Qi S Z Q() ° OV,-' WelS It -i sU U�\ tI.. Qo� U Li it 5 �z 4115�,1_ ... �I.t` I C �°m0< �e?a ''..I--___ I W w w oc U v5 w si'L -- ❑ U' Z JOW-,I. w� t z0 qg h=m<C9wH I O�OZZz ,y ■ H nib > liO0t005w f�imop°IY p d Qzzz �OQ �c.:> aa� n.a Z._,r vi c v ,S is t o Anina Budig Agenda Item D1 Page 14 Proposed New Building - Elevations - o 'a c` °m I c -19 N 1 a a • 11 n OU„_j . •N��U6aX U&-OayZ, pi ., : . „, 4 mc�<ce �N jEL30e<Zw U oe - 9Z �<m<Um3U c Z x z j W"O W m5 3Z0QZ �Z I•1 Zm Ux0= .. z5� / OZ '2N-o000 O c9zk,,OHz << z<" zUxm �'� LULU OOZO-U�z �ZO,x„azcc< 00 =�3�m 3g J ww 0000-,`. 1 aa,,Ce0. 00aa1adO, - - as Z-ri vi 46•o is ec �I'lI I Anina Budig Agenda Item D1 Page 15 Proposed New Building - Elevations fimom 1=1 T. a0 � on oIaao c o>- ar =gg mom g R M it 4 ems--=..L: 4 II ,`{ it ,,,t- i 'I ill i III i;--i -_._- -- -- III 2! II { �_----------- iI fj i I r� iIII Iii i�_ i it -1i III J 1 III �t I it! H �-{�_ i . ' � � III - Pi z Z tai E. J 1 itii 0 O U I - {I9 Z w Z _._J III 3 Z x a 6 UM � i :JIILH - u& d-.aII0 , I zo .- I ace w >Zce, - Q' <n >�" w-z0uw>a-c0 0w Z�-aaUmUxooewo,i,5 3 ._ vlm 03av a35?°Z° lZfO4 O> �W� w,t -�-, Qw ww F Zv� Omc3ZuOm OoaOUOZ a >0 0UJ 0NH ? 00 ;2 y-1ZZZZ II<a<v<<<<0CIL 0 16(.,aala_&O 2d Z CV via vi,o I:of { Anina Budig Agenda Item D1 Page 16 Historic Easement Letter COMMONWEALTH of VIRGINIA Department of Historic Resources Nt al;10„3tn ev4R1 2801 Kensington Avenue.Richmond.Virginia 23221 Julie V.Langan .k't rem o of Natural Re so arc eI Director Tel:(804)367-2323 Fax:(8041367-2391 www.drc.virpinia.gov October 1.2018 Ats.Gian Peterson 5588 Moores Pond Road Virginia Beach.V:\2 3455 Re: Conceptual Review(extension):Outbuildings \Veblin House.City of Virginia Beach DHR Easement File No. 134-0035 ep Nis.Peterson On your behalf.Paige Pollard of Commonwealth Preservation Group requested an extension of the conceptual approval of proposed modifications to your property.the\Vehlin House.in the City of Virginia Beach.Initially issued October 25.2016 and extended on October 25.2017,the approval is non valid through October 1.2019. The original letter is repeated below for clarity. 'lhank you for submitting a project review request to the Department of Historic Resources(MHR) for the conceptual review of proposed modifeations to your property.\Veblin House.located in the City of Virginia Beach. This information was submitted on your behalf by Paige Pollard of Commonwealth Preservation Group.and received in our office on October 18.2016. 'the submittal included condition assessments of the existing outbuildings as well as schematic development drawings(undated)for the rehabilitation of the Milk Barn and the proposed two new single stop buildings. 'These two buildings are agricultural in appearance.but used for residential purposes and would replace the existing greenhouse hoop structure.garage and shed,all of which are in poor condition. After careful review,our office concluded that in concept,the removal oldie existing garage. greenhouse.hoop structure.and shed and their subsequent replacement with two elongated,single- story structures of an agricultural design aesthetic is consistent with the easement provisions and the Standards fair Rehabilitation,and is.therefore.approved. Staff did determine that the existing silos western Region Office Northern Reim Office Eastern Region Office 962 lame lane 5357 Man Sired 2801 Kensington Avame Salem.VA 24153 PO Box 519 Richmond VA 23221 Tel:15401 387.54,13 Stephens City.VA 22655 Tel:(804)367 2323 Fax:(5401 387.5446 Tel:(540)868.7029 Fax 1804)36%2391 Fax:(540)868-7033 Anina Budig Agenda Item D1 Page 17 Historic Easement Letter contribute to the overall character of the property and notes that these structures should be stabilized and retained as pall of the proposed project scope. This approval is valid for a year from the date of this letter. Please submit more developed construction documents.including any proposed ground disturbance.as they.become available. We look forward to working with you on this project. Sincerely. t Megan.lelinat Eascm t Program Architect (Alice of Preservation Incentives (804)482-6455 Nleean.melinatir dhr.vireinia.eov C:Paige Pollard.Commonwealth Preservation Group wastan Region Office Nathan Region Office Eastern Region Office 962 Kime Lane 535'Main Sues 2801 Kensington Avenue Satan.VA 241.53 PO Box 519 Richmond.VA 23221 Tel:(540)387344.1 Slgthau City,VA 22655 Tel (SOMM 367.2323 Fax:(540t 387-5446 Tel:(540)868-7029 Fay.1801)367-2391 Fax 1540)86S--7033 Anina Budig Agenda Item D1 Page 18 Site Photos ;t..r. MSS fir iiiiii46/601111111111 ' . , .. . -4 e ! a '1 • °: ,,Lite `3:4 1�` r • 4V .-,,..._iiiitt, ,•"$.:.. 4-i., MI "a ; ritiY r- . Y ._ ' — . - A ffff - .......---_-:-.:4;.X--*". '".":,,,,,,,,,,4'-.,, '1:,,,--,1'. 24'-'4,0'i;:t±,'I'''IT 7: ell If ,';',--5---'. - .' ',..-- `-''''..-- .., .:,-.;.--.,„;-- _ lif x Anina Budig Agenda Item D1 Page 19 Site Photos is -'.- r i t �" R of c , it - t • • N s z i . g ;r int , ter .+ tar ., 4*r `"` i Anina Budig Agenda Item D1 Page 20 Site Photos . , ! , ,--_ ......, A, . iw riy Are, I ir ,iy ,„ 11 •,.•. • -,, , e , , , t, • yl 1 . .,...."..4 t -• pi jot i r i'.:', ;r_ ,, I; ° Ili , , , 4 , •$‘ '.,it i $ . i ' ''''' Al% ' • fi 4ff.V. , .1 ,- 1, , ? , , , Al. •, .1.1 i r , et ' ci . 'b i 7 4. - ' V 1 1 4 ? ' ii. ; --_, - , : --'-‘-- '*.- .; .- . ._ , t. _ ......... :i-ZW,:r...:1r.--: w, ....___ , ......-. ...,.....-,,,-, iti INN iiii _ - .-P.--- ,:-.1-- - _I i - .0", !. -.66.. . • ,.„4...." .4itse''''' 7: - - .S ; , . - - --_,''' -„- ......,_ , = ....0,00164•-k 4 _ —' --- Anina Budig Agenda Item D1 Page 21 Disclosure Statement Virginia Pt ach APPLICANT'S NAME Anina Budig DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for __ (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 1 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/AU dbsclosures must be updated two t2)weeks pnor to any Page 1 of 7 Planning Commission and Gay CouncA meeting that pertains to the apphcation(s) APPLICANT NOTIFIED OF HEARING DATE 1 ' NO CHANCES AS OF DATE $'/7/1 1 jg Jonec-1-6,n Sek (ecs REVISIONS SUBMITTED DATE r' Anina Budig Agenda Item D1 Page 22 Disclosure Statement Virginia Beach �. Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ▪ 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:Weblin Properties, LLC If an LLC, list the member's names:Anina Budig, sole owner Page 2 of 7 Anina Budig Agenda Item D1 Page 23 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act. Va. Code §2.2-3101. 2 "Affiliated business entityrelationship- means "a relationship, other than p� parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or 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 Anina Budig Agenda Item D1 Page 24 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Here For You Accounting;Moss your tax return Financial ❑ Architect/ Landscape Architect/ Dills Architects Land Planner Contract Purchaser(if other than ❑ ® the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • NIConstruction Contractors Engineers/Surveyors/Agents WPL Financing (include current ❑ // mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Ruloff,Swain, Hadded,Morecock, Real Estate Brokers / 'Talbert&Woodward, PC;Wolcott1=1 =' Agents/Realtors for current and Rivers Gates anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ " an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Anina Budig Agenda Item D1 Page 25 Disclosure Statement lB Virgin 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. A SUOt ii?i ct) 18 APPUK SIGN PRINT NAME DATE Page 5 of 7 Anina Budig Agenda Item D1 Page 26 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Here For You Accounting;Moss your tax return Financial `' ❑ Architect/Landscape Architect/ Dills Architects Land Planner Contract Purchaser(if other than // the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ /r purchaser of the subject property (identify purchaser(s)and ``__ purchaser's service providers) El1/ Construction Contractors I ' Engineers/Surveyors/Agents WPL Financing (include current mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Ruloff,Swain,Hadded.Morecock, Real Estate Brokers / *Talbert&Woodward, PC;Wolcott Agents/Realtors for current and Rivers Gates anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Anina Budig Agenda Item D1 Page 27 Disclosure Statement N430 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. —._ tn.)v, l .,‘ Qzperse„llL PROPERTY OMME S SIG TU PRIN NAME OATS fr i Page 7 of 7 Anina Budig Agenda Item D1 Page 28 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Anina Budig Agenda Item D1 Page 29 Item#D1 Anina Budig Conditional Rezoning (R-10 Residential District to Conditional PD-H2 (R-10 Overlay) Planned Unit Development) 5588 Moores Pond Road District-Bayside April 10, 2019 RECOMMENDED FOR APPROVAL-HEARD Ms. Sandloop: Our next agenda item is D 1 and Madam Chair, we have 19 speakers for this one. Ms. Oliver: Okay. Let's take a quick break. Just five minutes. The next application. Ms. Sandloop: The next agenda item is item D 1 Anina Budig. An application for a Conditional Rezoning from R-10 Residential to Conditional PD- H2 R-10 Overlay Planned Unit Development on property located at 5588 Moores Pond Road located in the Bayside District. Is the applicant or the applicant's representative present. If you would please approach the podium and state your name for the record. Ms. Oliver: Hello, welcome. Mr. Dills: Hi, thank you. Ms. Oliver: State your name. Mr. Dills: I am Clay Dills, architect and principal with Dills Architects. Ms. Pollard: I am Paige Pollard, owner of Commonwealth Preservation Group a, historic preservation consulting firm. Ms. Oliver: Sorry, will get that adjusted, so if everyone can speak into their mic, and speak loudly or sound systems used to be a little off today. Ms. Pollard: My name is Paige Pollard, owner of Commonwealth Preservation Group, a historic preservation consulting firm. Ms. Oliver: Okay. Mr. Dills: So, we're going to start by walking through the project. I don't know if you have the, do you have the slides? Ms. Oliver: Here we go. He'll pull them up for you. Mr. Dills: So, it's a 6.8 acre parcel and we are proposing the development of six units here and an additional five of varying size attached units inside a historic milk barn, as Paige will likely elaborate on, there's a historic overlay easement at the state level that encumbers the property. That easement has as much to do with the setting, the agricultural setting of it as it does with preserving the structures that are on it. So, there's 6 units here, five in the milk barn, there are three silos here that the state is asked to preserve and to build back up. There is an existing apartment over garage that will remain here. This is the historic Moores Pond house. And, there's a duplex that is existing and to remain on this end of the property. Much of the impetus for this comes from the fact that the owner would like to upkeep the property to bring it back and to keep that maintenance in perpetuity. You'll see where these units are aligned on site, the planning of this has to do, and I know Paige will talk about it as well, has to do with two existing structures that are there now. DHR, Department of Historic Resources, interprets the easement as preservation of the setting, an agricultural setting. So, we are removing a feed barn. It's a covered canopy over a feed barn, you do for cows or livestock and a pole hoop garden structure that is here and we are putting the units back in their place. We're tearing down old garage here. This essentially forms the relationship of the new planned development that we're proposing. Inside of all that currently inside on the existing site plan, this is the paved area now, and we're proposing to keep parking, do it all in that same place. Ms. Pollard: In terms of the historic preservation easement itself, the Virginia Department of Historic Resources oversees and stewards Historic Preservation easements that are held by their agency. Whenever changes made to a historic property for which they hold an easement, they typically recommend a three-part submission and review process, schematic design, conceptual design, and then review of all of the construction documents. When we started this project, the first thing that we did for them was perform an analysis of the current conditions of the existing buildings on the property, and also established age is for the various buildings to the extent that we could. With agricultural buildings, it's sometimes difficult to date to a specific year and so we use building materials and building construction methods to help them that analysis. So, our first submission to the Department of Historic Resources was an analysis of the existing structures, including photographic documentation, and written in documentation. The outcome of that review was that the three structures that Clay noted for demolition were modern and/or beyond repair and/or temporary type buildings that could come down. That allowed us to identify with the Department of Historic Resources, an area where new construction could be considered. We then submitted the next round of work, which was a very schematic layout of what the site might look like, along with a unit count and preliminary blocking plan for what might go in the existing milk barn building. We obtained approval for that, and then we submitted a more fully developed proposal, which includes the elevation drawings, which I believe are in your package. We have approval for that as well. Assuming that this goes well and makes it through City Council, then construction drawings will be developed. Those will also be reviewed by the Department of Historic Resources. They will also have to be approved and then they will perform inspections during construction and after completion of construction. It's important to know that they also perform regular inspections as part of their stewardship program, whether or not there's work going on the property. Those inspections occur at least every three years, if not more often, and they result in a stewardship report that identifies maintenance items that are mandatory for the easement property owner to undertake so that process will continue in perpetuity even after this project. Any questions? Ms. Oliver: Does anybody have any questions? Mr. Ripley: I do. Ms. Oliver: Yes Mr. Ripley. Mr. Ripley: The Weblin House, what level of detail will you be required in renovating that and to what extent will it be renovated? Ms. Pollard:At this point, there are no plans to renovate the Weblin House proper. Under the terms of the historic preservation easement any and all activity that occurs on the site has to be reviewed by the Department of Historic Resources. So, if that changed, if there were interior alterations plan for the Weblin House, we would have to take that through their review process as well and it's important to understand this is recorded as part of the deed. So, it's a legal instrument. Mr. Inman: Well, are you talking about exterior as well? Mr. Ripley: Yeah, I'm talking about the exterior as well, the windows and doors are they original or have they been taken out or newer windows put in? I don't know. Ms. Pollard:The windows is actually interesting, you ask that the very first time I visited the property several years ago, I noticed that the windows were very modern vinyl replacement windows that we would not typically see approved for an easement property. After touring the property and going to review the file that the Department of Historic Resources has, those windows were installed prior to the Department of Historic Resources receiving the easement. So, they're relatively modern windows, they're not something that would typically be approved, but they pre-exist, the easement reaccreditation itself. Ms. Oliver: Yes, Mr. Weiner. Mr. Weiner: Question to, say it goes through here, it goes through Council, then it goes to back to the state, that y'all will review it, review the plans, review the elevations, review the buildings, if it doesn't meet what you're looking for, and you want to change them and then has come back to us? Ms. Pollard: Right and the approach of this, you know, schematic and conceptual review is so that there's agreement on what the buildings are going to look like before it comes to you all, and then the construction documents are just a matter of the means and methods of actually putting together the new buildings, and then specifically what windows selections are being made and what is the profile of the door trim and what is the material of the door trim, what is happening on the interior, what are the interior finishes, they look at all of that. That's at a level of detail that isn't typically developed until you have a fundamental understanding that you're going to be successful in your zoning and getting your building permit. Ms. Oliver: Yes, Mr. Horsley. Mr. Horsley:Explain the co-op ownership situation here, each individual unit going to be sold and then it's like a homeowners' association, how's that gonna work? I'm a little bit confused from? Ms. Pollard:We're going to defer to the attorney for that question. Mr.Ruloff; I'm Bob Ruloff. Mike Inman could probably answer that question better. I'm the attorney. The co-op ownership will be for units. Co- op is similar to a condominium, this will be a single ownership and the unit owners will lease their units for at least 30 years, sometimes 50, sometimes 70. So they have the benefits of ownership in the sense that the unit will pass to the heirs and they can sell their unit with their selling the leaseholder stake, not a free simple estate. Condominium you own your fee simple unit just like a single family dwellings if they were attached generally. This will be similar in the sense that you can sell it, you make use of the interior of the unit the way you want, but the unit itself will be owned by a corporation. So, if there are 15 owners of the unit, owning the leaseholder estate, they will be stockholders in a corporation, and they'll receive stock within a corporation leases their specific unit to them and generally is for a lifetime. Our original intention is at least 30 years. So, you get financing on those units. Otherwise, it's very similar to a co-op, the management, upkeep maintenance will be the responsibility of the co-op association,just like a condo association, so the control of the structures will be within the unit owners, unit owners meaning owners of a fee leaseholder stake. Ms. Oliver: I have a question when you mentioned the, I guess the maintenance of is that maintenance of the entire piece of property? Mr. Ruloff: Whole piece and all the units. Ms. Oliver: And all the units, so the... Mr. Ruloff: Exterior, people will be responsible, I'm sorry. Ms. Oliver: You need to speak into the mic because we are not able to hear. Mr. Ruloff: The exterior, the grounds, upkeep and maintenance will be the responsibility of the association. Just like a high-rise condo, everyone pays for the elevators, the hallways and exterior, the interior walls are your responsibility. Ms. Oliver: So that would be the entire, I just want to be. Mr. Ruloff: The whole project. Ms. Oliver: The new project or the whole existing piece of property with the Weblin House and the other two pieces on there? Mr. Ruloff: All pieces will be submitted to the co-op regime. Ms. Oliver: Okay. Mr. Ripley: So, if there is a fire, the association actually would have a policy for that, but the interior will be carried by the individual owner? Mr. Ruloff: Yes. Mr. Ripley: Got it. Ms. Oliver: Any other questions? Okay. Mr. Redmond. Mr. Redmond: Excuse me, don't walk away yet. Question for you. Can you explain some of the landscape improvements right up to them, including that you're going to maintain the current plant material? Walk us through a little bit the screening of the site and additional plant material that you've contemplated here. Mr. Dills: It's meant to remain as is, especially at the perimeter. Mr. Redmond: Okay. Mr. Dills: So a majority of all the plants on site except for foundation planting on the new units only is going to be handled as historic, and that you may have seen in the right up where it speaks to an arborist in a historic context that makes sense. The new plantings are also going to be done in a historic way where they're compatible, their species that would have been planted originally in that context and it's been planned that way. Mr. Redmond: Okay, thank you. Ms. Oliver: So, we walked the property and there are some sections of it that could probably use a little more tender loving care. So, my question is just for clarity. When we talk about maintenance and bringing it up to the standards of what would have been there and the plantings, I just, I guess I want to be very specific about the existing buildings, not the ones that you're going to be redoing, but the garage apartment and the duplex. Would that also be included in that landscaping plan? Mr. Dills: It actually the intent and what we have said to the DHR as well, is that they will bring all those up to that standard. The same standard required by the state. Ms. Oliver: Okay. Mr. Redmond. Mr. Redmond: I neglected to ask one question that I thought was important because I met with some neighbors and we sort of had this question on silos. What will they look like, what's structural, you know? Mr. Dills: They're in poor repair structurally as well. So, what you see you should believe. Mr. Redmond: Yeah, they look like a strong wind will take them down. How do you, I mean, how that would preserved? Mr. Dills: DHR has required that they remain and be made sound again. So that's the intent, we have to do that. Mr. Redmond: Okay. Mr. Dills: I mean, the big picture here is that at the state level, they are dictating that all of these things have to be done in order to even think of doing this project and that's why we've gone through conceptual approval and a schematic approval, where they essentially dictated to us heights and placements and materials and what needs to remain or what needs to come up to a standard compatible with the easement. So that's the intent and what we're proposing. Ms. Oliver: So, when we were on this property, there's a section of it between the garage and the new building that's evidently been used as a mulch area for a number of years, because we actually walked in it and it got a lot of bounce. So, I assume that will be addressed also? Mr. Dills: It has to be. In terms of the co-op and the condo, what Bob was really getting at is that the ownership group letting things go into disrepair greatly affects their value. Ms. Oliver: Right. Mr. Dills: Right. So there's an impetus to keep it where it is once it's made right. Ms. Oliver: Okay. Anybody else? Okay. Great. Thank you very much. Ms. Sandloop: Okay, first speaker, Jim Arnhold and then Kendall King, and William Lewis. Ms. Oliver: Welcome. Mr. Arnhold: Thank you. I thought Planning Commission means we're an hour and a half. Ms. Oliver: For an application. Mr. Arnhold: Chairman Oliver, members of commission, I'm Jim Arnhold, local developer. I'm in negotiations to construct this project with Ms. Peterson; I have been involved with talking to the historical group in Richmond for over five years. The last couple of years have been by Mr. Dills and everything else and they came up with a plan that these guys are in agreement with. I just wanted to come up in and I'll be very brief. The historic resources approval process went through very many plans, lots of different ideas, lots of different concepts, and this is the only one that's ever been approved. So, I think that's a very important point that these guys are protecting what they believe to be the at least historical significance from a visual standpoint anyway. This property is in disrepair, I'm sure you guys did see that when you went there. It's very costly to keep it up. Mrs. Peterson is 80 years old, she has two children, and both don't have any desire to take on this obligation. I think that's important for you guys to know. This proposal, I believe, will probably preserve at least the visual integrity of this historic property. Because I see it as an economic issue, more than any of the other issues that come up with Historical Review, will check all those boxes. When I look at these, I did a project right around across from Kellam High School, which was the old Riganto property that house was built in the front in 1774. And we kept four acres back then back in 1997. I think we came in for that development in there and it's now a preschool kindergarten. Obviously my daughter runs that and she's still doing it. But I would tell you that all these properties are very expensive to keep up and bring into compliance. I see this as an opportunity to move from one person to an opportunity for 15 people to take care of this property and bring it up to a standard. I think they will make us proud and keep this house going. Thank you very much. Ms. Oliver: Thank you. Any questions for Mr. Arnhold? No, okay. Thank you very much. Mr. Tajan: Madam Chairman, just to clarify the property isn't subject to the local Historical Review Board. I believe Mr. Arnhold was referring to the state review process. Ms. Oliver: Thank you. Ms. Sandloop: Kendall King, then William Lewis and then Linda Huddleston. Ms. Oliver: Welcome. Mr. King: Good afternoon, I'm Kendall King and I'm going to speak in opposition. When the Navy brought Gayle and I to back in Hampton Roads in 1979, we chose to live in Virginia Beach. We liked Charlestown Lake South and Centerville Turnpike, but it got too crowded, too busy. So, we found a place that's private, Weblin Farm Road, which is just down from the Weblin House. The wetlands are there, we share the wetlands with the house, we have good neighbors, but there are three reasons we oppose this. The impact on privacy, the impact on quality of life, and the land use issue. As far as privacy is concerned, the number of new neighbors will increase our traffic by a third, increase our noise by a third and since it's a single entry neighborhood that will be the first impression that people see when they come to into our neighborhood. Second least the quality of life. I don't know what kind of renters are, I guess co-op owners that will be able to get but there will be lower income than the 29 of us that don't $400,000 houses. We just don't know whether they'll be able to fill those co-ops, and what kinds of people will be able to fill them with. I think the third aspect of it is the land use. You have hundreds of apartments, condos and town homes within a mile of where we live, not sure why we need to have 15 on a historical property. Just what is that going to do to our property values and again, what is it going to do to the area? So again, appreciate your consideration. Thank you for having me. Ms. Oliver: Thank you. Do we have any questions for Mr. King? Thank you very much. And before the next caller comes up, I just want to remind everybody that it is a three minute and so the yellow light will blink and so we're going to, since we have so many people, we're going to try to, we are going to keep to that time limit. Ms. Sandloop: Okay, William Lewis and then Linda Huddleston and Charles Olazach. Ms. Oliver: Welcome, Mr. Lewis. Mr. Lewis: Bill Lewis, okay I lived in the subdivision for 20 years and one of the original owners there. We were promised when we bought as good as a contract is that you get from your real estate people that this property would never be developed. It was under the historical society and there was no doubt that this is going to be like this forever and that's why we bought there, and we've enjoyed that. The other things that I disagree with is the size of these units that are being put in here, you've got four of them, that's going to be under 900 square foot, you've got 6, 1,300 square foot and 3, 1,400 square foot, they adjacent homes around this area are 2,200 to 3,600 square feet. They're supposed to be 50% brick all have garages, the town homes that are at the front of the area are all brick, 2000 square foot, the condos that are up there are the same size. So, I think this is going to adversely affect all of our property values, it can do nothing but drive them down. You're going to hear a lot. Ms. Oliver: Thank you. Thank you for letting me know. Could we pull up the aerial of the neighborhood? Is that possible? And then we can get an idea. Ms. Sandloop: Linda Huddleston and then Charles Olajasz then Anita Downs. Ms. Huddleston: Thank you very much for having me. I'm a little more verbose. So, I'm going to read mine as quickly as I can to make my three minutes. Ms. Oliver: Would you state your name? Ms. Huddleston: My name is Linda Huddleston, my husband and I were original owners and long time residents of the Weblin Farm Road and I want to speak to you about the quality of life as our planning Commissioner, Mr. Graham suggested. Sorry, been there done that. At the time of our purchase, we were informed that the farm was considered a historical site and would never be developed, an idea that we liked because of the quiet nature of our street. I'd like for you to think a moment about your own home just for a moment perhaps you enjoy getting in the dirt and planning your own flowers, cutting your own grass, just the way you like it. Perhaps you pay someone to fertilize, cut and trim your grass and shrubs. As new homeowners, you can imagine our interest when our first Christmas there included an invitation from the residents of the farm for a holiday gathering. We were excited to see the inside of the barn where they lived and all of the modifications they made to make it a dwelling a true home and not a barn and we were not disappointed. At that gathering, our new neighbor Ms. Peterson made several announcements as we got to know each other. We were delighted to learn that her plan was to make the farm a horticultural show place, which you had the privilege of seeing. She mentioned adding ponds and exotic plants to the property. Think of your own neighbors. An announcement like that may spur you to step up your landscaping game a bit. Now, think if not only that vision were never to come to fruition, but that the property fell into disrepair. The city was called on several occasions just to get the grass cut to a reasonable height. It was rarely trimmed around the trees or shrubs and vines and weeds grew throughout the property facing the street that obstructed the view of the buildings. This was not and has never been close to horticultural showplace. If that neighbor then or to tell you after 20 years of this, that they were about to build a mother in law suite or a set of storage structures on their property to make it into a showplace spoken up so long ago, would you believe that change would magically give your neighbor the same value you possessed for the appearance of your own property. Our fear as residents is the lack of care for this potentially beautiful historical property would continue with a new structure built there, the potential for noise and tenants that share the current owner's view of the poorly maintaining the property would create an additional eyesore to our otherwise quiet neighborhood. We have no confidence the plan for imminent improvement after 20 years. And over the years most residents of work to maintain a neighborly relationship and enjoyed seasonal gatherings, but the current owner never chose to join us until the neighborhood watch was implemented last summer. Our neighborhood is not a large one, but you can see by our representation today, in the middle of the week, this is an issue that we feel passionate about. Personally, I believe the paperwork presented only demonstrates how the use of loopholes has gotten this rezoning past. One more show place for self promotion at the expense of those who have had to deal with the eyesore driving into the neighborhood every day. Thank you all. Ms. Oliver: Ma'am. Do you mind coming up and there's a pointer and showing us where your house is in relation to the applicants property? Ms. Oliver: Okay, Thank you very much. Ms. Sandloop: Mr. Olajasz, I'm so sorry, Anita Downs and then Perry Suttle. Mr. Olajasz:Madam Chair, commissioners. My name is Charles Olajasz. My wife Brendan and I live at 5381 Weblin Farm Road, which is in the very back. We are the first property owners of Cypress Point North Park two, during the process of researching the property, well, my wife and I worked very closely with the developer Rick McGinnis, the McGinnis Realty, and a course at that time. We knew the Weblin Farmhouse was coming up for auction. We were concerned about it. So Mr. McGinnis assured us not only verbally, but also in writing from the Attorney General's Office of the Deed of Easement and it seems like some folks probably haven't read that yet, but if you don't mind I'm going to, it says no building or structure should be built or maintained on the easement property other than Weblin Farmhouse and the other buildings and structures existing on the date of this deed of easement, building structures calmly and appropriately incidental to the single family home, including but not limited to a garage, guest house and garden structures, recurrence of historical outings or structured with a document if the profession historical and agriculture investigation to have been located on the property. In addition, back in August 24th, 1997, there was an article posted in the newspaper. It was in The Virginia Pilot, it says although the 17th century is Weblin Farmhouse is for sale, it will never be lost the development. The beautiful brick structures six and a half acres in Cypress point North has been protected by historical preservation easement and will safeguard the house forever. I was shocked to see the rezoning sign go up last year. I had no idea the work that had been going on behind the scenes as far as the wanting to develop that property. And according to the deed of easement, it can't happen. They can't build over there. They can't build condos, townhouses, apartment complexes. It reminds me of a Motel Six over there with 48 parking spaces and 15 rented units over there. October 15th, we were able to get a letter from Gilliam K. Barnes, and it states fee sample of cottage to be owned by a condominium association. This project if approved would violate the Pacific terms of easement paragraph seven states the easement property should not be divided, subdivided or convey and fee other than a single track, any new structure must be constructed with paragraph two and three of the easement. Paragraph three restricts all new construction to buildings and structures and it did so and accessible to the Weblin Farmhouse and its historic reconstruction based on the documentation. Back on September 17, 2015, Mark Reed preservation planner here, he put down a PowerPoint here, and he actually says the cottage style dwellings will be built in context of a single family residential condominium [Inaudible] [04:12:13] states that the DHR cannot waive any clause as listed above and my time is up, I wish it wasn't, but the only thing I will say somebody needs to speak on Ms. Moore's behalf. She's not here. She's here in spirit. She did it the right way. She donated that piece of property after all the construction in the 1780s and she donated to the state hoping that it will be taken care of, somebody needs to speak for her, and I know she's looking down on us today. But she did it the right way. There should be no construction especially new construction over at the Weblin Farmhouse. Ms. Oliver: Thank you. Mr. Olajasz:Thank you, appreciate it. Ms. Oliver: Thank you very much, you have any questions, thank you very much. Ms. Sandloop: Anita Downs and then Perry Suttle and Michelle Suttle. Ms. Oliver: Welcome Mrs. Downs. Ms. Downs: Hi, Anita Downs. Thank you for letting me speak today. Ms. Oliver: I'm gonna get you to lean into the mic a little bit please. Ms. Downs: Okay. Ms. Oliver: Thank you. Ms. Downs: I believe if you're going to donate your historic property to the State of Virginia with your wishes recorded in a legal document that protects it from development forever, then that should mean something. It should be honored. When we moved here 20 years ago, we chose the Weblin Farm neighborhood because it was strictly single-family homes. That was very important to us. We would not have moved into the neighborhood if there were multifamily housing there. We were concerned about the farm before we bought our property, but we're told by the developer not to worry, because there was a historic easement which precluded any subdivision or multifamily dwellings on the property. The easement we were told was permanent and forever. So, we felt good about purchasing a home on Weblin Farm. John Peterson and then her daughter Anina Budig owner of Weblin Properties, LLC, bought Weblin Farm knowing this easement was in place forever. We would feel very betrayed by the City of Virginia Beach and the State of Virginia if they reneged on that promise, and I believe Clay Dills just mentioned that the easement addresses the setting. Well, it also addresses the use just as rusty pointed out, it states basically no structure shall be built or maintained other than incidental to a single- family residence. So, call it what you like condos, co-ops, residential units and a residential area, whatever, I don't care, it's still multifamily living units. And that's not compliant with the original land use intended by Dorothy Moore and not something that my husband and I want our single-family home neighborhood. The Virginia Beach zoning ordinance Code Section 1124 PD-H2 land use plans states, the land use plan shall show how the proposed development of the property would differ from that which would otherwise be permitted in the underlying zoning district and the public benefit to be gained by developing the property and a PD-H2 district. Nothing in the land use plan presented so far addresses the public benefit to be gained. Today, we've heard numerous reasons why we the public think it's a bad idea to approve this rezoning. We have yet to hear a compelling reason why granting this request is in the public good. Yes, no doubt the rezoning is good for Weblin properties, the developer and their investors, but who else really benefits. Today, the LLC is not acting in good faith being already in violation of the current zoning ordinance. And now they're asking you to override the city's intent not to create additional PD-H2 districts as published in the guidelines. I asked why you would even consider this. Where's the public good? Thank you. Ms. Oliver: Thank you very much. Ms. Sandloop: Perry Suttle, and then Michelle Suttle and then Zach Suttle. Ms. Oliver: Welcome Mr. Suttle. Mr. Suttle: Good afternoon. My name is Perry Suttle. My wife and I have lived in Weblin Farm for over 16 years now. We weren't one of the original folks but came in a little bit later after things opened up. You've had a lot of discussion this afternoon about the easement or the deed of easement, some of the previous correspondence from DHR and I wanted to provide copies of that for the members of the Commission. Ms. Oliver: Okay, you just hand it to Mr. Carl, please. Thank you. Mr. Suttle: Again, it seems like everything that has been going on is an effort to circumvent this deed of easement, whether it's do not build anything else than a single-family home. Everything else whether it's the co- op agreement, is an effort to get out there, one of the paragraph seven talks about you will not subdivide and if you look at this current arrangement looks like this is an effort to circumvent that and get around it. For several years from at least 2010 up through 2015, the DHR was adamant that you will not build, and they talk about several instances where it looked like there was an attempted in run around procedures and policies to get what was desired. Now sometime between then and now, DHR had a change of opinion, why I do not know, but again, you know, they have new people who are working there compared to who was working there in 2015. So, I can only assume that, you know somebody has a different opinion, but when you look at the deed of easement, it was written by the Commonwealth's Attorney General's office; so, you know, if we need to get further explanation or clarification, I think that's where we may have to go for this. That's all I have. I just want you to take this into consideration, uprooted response or recommendation might be to if you can set aside a decision until we get some final clarification on this from the state. Ms. Oliver: Thank you very much. Ms. Sandloop: Michelle Suttle, Zach Suttle and Bobby Wilkerson. Ms. Oliver: Welcome. Ms. Suttle: Thank you ma'am. My name is Michelle Suttle. I live on Weblin Farm Road and as my husband said, I'm in oppose to the rezoning of the Weblin Farm property from R-10 to a PD-H2. And Russ also said, I don't want to go over that again, but the paragraph that the deed of easement which we all passed down paragraph two and paragraph seven. But the other one thing I wanted to just say is DHR explained that this would violate specific terms of both these paragraphs deed of easement. They then noted that she has submitted similar proposals in the past and that the DHR staff repeatedly advises her and writing in meetings with her and her representatives on three occasions that the deed of easement precluded subdivision and new residential dwellings. I've lived on Weblin farm since 2002 and I do not want to see this historic property turned into multi family dwelling. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Zach Suttle, Bobby Wilkerson and then Christina Jones. Mr. Suttle: Good afternoon, my name is Zack Suttle. Before I begin, I want to thank madam chairwoman and the committee for all that they do as members of the community. I also want to thank the City of Virginia Beach and the Commonwealth of Virginia for the role they play in development. I've lived at Weblin Farm since 2002, just down the street from the proposed area right there. And while this proposal for the Weblin house property is seemingly a good idea of blatant disregard for the property easement has managed to completely circumvent this proposal. Easement specifically states, and I know I'm reiterating no building or structure shall be built or maintained on the easement property other than the Weblin House and other buildings and structures existing on this date of this deed of easement and other than buildings or structures commonly or appropriately incidental to a single-family residents, including but not limited to a garage, guest house and garden structures. The proposed structures consists of new units that would be added to allow for multiple families that live on these premises in a cooperative. These units in no way in body the entity of a single- family dwelling, it is proposed that since a co-op is you know, it meets a single family residence; however, Virginia code states 50- 225.02 single family residence means a structure other than a multi-family residential structure maintained and used as a single dwelling unit or any unit which has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment nor any other essential facility or service with any other dwelling unit. The proposed plan does not qualify as a single residence unit under the Virginia code. Simply given the maintenance fees paid every month and a co-op or for the service of maintaining the property and buildings on the property. This is a service that does not qualify cooperative as a single-family residence. For some of the same reasons, a condominium is legally defined differently than a single-family residence. Surely this is not proved to be in direct contradiction with the easement. Ignoring this easement the same thing keeping anyone from demolishing the building is as effective as tearing down the 350 year old house. This easement is what keeps historic property for generations to come. Its guidelines must be followed thoroughly and cannot be picked and pulled apart to suit ones needs. As with many legal documents, the easement is not perfect, but it was created to keep the six-acre piece of land for being developed. The authors may not have found every legal loophole, but they understood the importance of keeping the property intact, prohibiting splitting up the property and requiring a single-family residence. The co-op proposed for the property satisfy the need of splitting up the land something that was denied with the proposition of condominiums in 2015. However, a co-op is not a single-family residence; this proposal cannot be allowed to pass because it violates the easement which land was purchased. Thank you for letting me to speak against this proposal. Ms. Oliver: Thank you. Ms. Sandloop: Bobby Wilkerson, Christina Jones and then Robert Patterson. Mr. Wilkerson: Good afternoon. My name is Bobby Wilkerson and my wife and I live directly across the street from the farmhouse in front of by the milk barn and we the original owners move then in 1999, we purchased a property with the understanding that it would never that the Weblin Farm historical site would never be developed. And we live directly across the street from their property. I lived in a co- op for 15 years in Alexandria, Virginia, the co-op that we purchased in, we were told initially that they were like one or two other co-op properties in the State of Virginia. Reason being, there is a problem with co-ops, you have difficulty selling your property and we did indeed have difficulty selling our property and that 180 unit co-op. What happened was the people stopped paying co-op fees which is the same as kind of ease the property deteriorated and there was nothing we could do. The people that wanted to move out couldn't move out because nobody would purchase the property. Nobody moved in, we lost revenue, couldn't improve the property, couldn't maintain the property. So, what we ended up doing was converting it to condominium. Now, I asked you today to look at that property and take a hard look at if they convert that property to co-op. And it goes into more disrepair than it is already there. It is an eyesore today, you visited a property, and I live directly across the street. I've been making excuses for that property for 20 years and what they should be considering today is how can they improve the property? Not how can they build additional units on it, and let it go into for the disrepair. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Christina Jones, Robert Patterson, and then Thomas Wood. Ms. Jones: Hello, thank you. My name is Christina Jones and I am one of the newer residents here. I've only been there for about nine months. We moved in July, we were also under the same kind of thought that we would never that piece of property would never re-developed and that we were happy that we were buying in this neighborhood because it's surrounded by water. And so we never experienced further development. So, we were really excited about buying in this property and then we move in and we find out that is very shortly the first sign start to pop up and that's oh my goodness, what's really going on here and we find out that that they want to develop on this piece of property. Then we go, we further find out this is historical easement. The historical easement does not allow for this further development. On top of that, the DHR has already, they have already broken our public trust, and they're already currently four individual people that are not part of her family living on that property. There are four separate mailboxes and this is something that the DHR has already allowed in the last couple of years. And to the just recently, one of the units was on Zillow for 1200 dollars. So how is she already doing this, DHR has already broken our trust that's the point that I'm trying to make on this is that our trust is already been broken with the DHR and what is to say that as it goes further that it's not going to get worse instead of better. Also, the last thing is that I just want to say is I want to keep the Weblin Farm historic and that this should not be, this should not just be about money for the person that owns the property right now. She bought it knowing what she was getting into and it was historic and that's what as she bought it that's how it should stay. Thank you. Ms. Oliver: Thank you. Did you just say that there was, it was on Zillow a month ago, what was on Zillow? Ms. Jones: One of the units was up for rental. She has four units. Ms. Oliver: Not for sale. Ms. Jones: No, she has four properties. This is supposed to be single family, is supposed to be only person supposed to be living there and her family. There are four other families living there right now. Ms. Oliver: Thank you very much. Ms. Sandloop: Mr. Patterson, Mr. Wood and then Mr. Dunton. Ms. Oliver: Welcome. Mr. Patterson: Thank you. My name is Robert Patterson. How about a 10 second break for a breather? My wife and I moved. Ms. Oliver: You have to speak closer into the mic. Mr. Patterson: My wife and I moved to Weblin Farm 331 days ago and we live right there. And Bobby, who spoke just a couple of minutes ago, he lives next door to me, it's great neighbor. I have no aversion to living across from a farm. I was raised in Kentucky. My dad was raised in Arkansas and my grandfather was a farmer. I was naive enough to not even ask what would happen to that farm; I just assumed it was going to be there, but if you live in a nice neighborhood, which I assume all of you live a nice neighborhoods, think about the fact that you might have an apartment complex built 200 feet from the corner of your house and I asked you to vote on your conscience. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Mr. Wood, Mr. Dunton, and then Barbara Mytych. Ms. Oliver: Welcome. Mr. Wood: Hi, my name is Thomas Wood and I abandon my speech, because I didn't see anybody writing down questions. I haven't noticed a lot of interest in some of the things we've been saying. So, I'm going to mention some things that I think should be asked, alright. So right now, what should be asked is what's been going on inside the house? What's been done since the place was purchased in 1997? What's the track record of the owner? What do we know is going to go forward based on what we've seen behind, somebody brought up the co-ops, where in Virginia Beach, is there another co-op quiz? Think it's Atlantic Shores, anybody have an in law or a parent or somebody that's lived in Atlantic shores, it's been a co-op, the heirs have a terrible time getting rid of. I'm a former mortgage guy, zero financing, unless it's from possibly a private investor. It might be is a way to like in the old days with the coal mine, it might be a way to get the company and employees to live there for some kind of qui pro quo although I don't know. Why doesn't the city enforce current laws? And if you're not going to do that, what's the likelihood that this neighborhood can trust you're going to go forward and enforce things? What happens to the silo? If it falls down, who pays for that? My mom lived in a place in South Carolina and the whole concrete structure outside fall; she got an assessment for $35,000. Is that the kind of thing that's going to happen to the leaseholders, who's going to pay for that? And I don't think the answer is going to be the people that live in it. I think it's going to be the corporation and by the way, why is it changed from being an owner, sole ownership to a corporation? Is that some dodge to get from one thing to the other? How about age restrictions, children restrictions? I'm pretty sure some of this stuff doesn't go into your work. I watched this morning eyeballs rolled when Mr. Redmond, you know, I'm pretty sure Mr. Redmond against this, pretty plain to me, he's told us in person and you mentioned this morning that we don't have a leg to stand on that so many words, but I don't think you're asking the right questions, really don't. Thanks. Ms. Oliver: Thank you. Ms. Sandloop: Fletcher Dunton, Barbara Mytych and then William Filbert. Mr. Dunton: Hi, there. Ms. Oliver: Hello. Mr. Dunton: My name is Fletcher Dunton and I've been a resident of Weblin Farm for a little over two years and I live right there. And we purchased a home in Cypress Point North because it's a community with the single, a lot of single family homes and quiet neighborhood. Before I purchased, I took into consideration and understood that historic Weblin Farm property would remain that way, the single- family residence because of the historic preservation easement. So, I oppose the rezoning request for multifamily use for some of the following reasons. I agree with everything that people have stated. So, I won't go back over that. I have a concern that this rezoning will diminish our single-family property values, and doing the research, this has been a general trend nationwide, when multifamily complexes are built close to existing single-family homes and our homes are one of our most valuable assets, we've worked hard to achieve the asset and we need to make sure they stay that way and hopefully appreciate. We've all been through the housing crisis and the housing bubble and as developers, I'm sure you can attest to some of that, hopefully not too much. So, with the current plan, the way it is, there's too much uncertainty and risk with this rezoning and proposed plan that can negatively affect our property values and if you look at the number of homes around the property, there's between 20 and 30 and if the average value was $400,000 that would be between 12 to $20 million in property value, and that's taxable to VB.gov. So, if that goes down, we as a city lose taxes. So that's important too, also have another reason the proposed plan shows there will be a 400% increase in traffic on the immediate roads in the Cypress point North leading into the historic property. And my concern with this is that with the increased traffic, there will be an increased likelihood of safety issues, both for pedestrians and our residence's vehicles, 400%. Statistics like that are intended to provide information for decision makers like you guys to keep the public safe. Case in point has spent many years but I have a niece that were struck by car and tragically killed in a residential area of Virginia Beach, much like this, 400% is quite an increase in traffic. So as public servants, you have our public trust and with this, I asked you to keep this these lofty and weighty decisions in the forefront of your mind and with these three points in mind, I respectfully request that you vote to keep Cypress Point North, a single family community as it has been for over 20 years and thank you for your time. Ms. Oliver: Thank you. Ms. Sandloop: Barbara Mytych, William Filbert and then Patty Dunton. Ms. Oliver: Welcome. Ms. Mytych:Hi, my name is Barb Mytych, and I stand in opposition to this planning proposal. This building project would result in a significant increase of traffic in our neighborhood, especially on our street. We already have enough vehicles speeding and cutting through our neighborhood. In 1998, my husband and I bought our home on Weblin Farm Road because it is tucked away from the main roads in Cypress Point North. With the proposed 48 space parking lot and a single entrance and exit on the property in addition to the increased traffic, we have a concern about the emergency access in terms of fire and rescue, both to Weblin Farm Road residents and to the proposed development. Also, my husband and I are concerned about the decrease property value. Since the dwelling units are currently proposed, they are not of comparable standards or value. And finally, because of the increased traffic, this would bring into our neighborhood; we are also concerned with the potential of increased crime. And for all of these reasons, this would negatively impact the quality of life for the Cypress Point North residents. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: William Filbert, Patty Dunton, and Claro Barcoma. Mr. Filbert: Good afternoon. My name is Bill Filbert. Madam Chair, Commissioners thanks for letting me speak today. My friends from Cypress point North lovingly referred to a place where I live as Cypress Point main. I'm on the upper right hand corner of the map here, Club Head Road is a part of Cypress point and we're obviously boring right up adjacent up to the proposed rezoning. I opposed the rezoning. My friends here have been very eloquent about their reasons. So, I won't reiterate those, I'll try to be brief. Parking, traffic and noise all that will have an impact on those houses here in Club Head Road and for that matter, some of the other houses further along, we have several embedded multifamily communities in Cypress Point and to be quite frankly some areas that hasn't always worked out so well. So that's our point that also mentioned that I'm here as a private citizen resident, but I am the president of the Cypress Point Civic Association and I'm also the neighborhood watch coordinator. So, I've had some more than passing experiences with some of this stuff. Thank you very much. Ms. Oliver: Question. Can you show us where your house is? I am sorry, actually there's a pointer right there. Mr. Filbert: I am up here. Ms. Oliver: Okay. Mr. Filbert: These houses here in Club Head Road. Ms. Oliver: Okay. Thank you. Mr. Filbert: Thank you very much. Ms. Sandloop: Patty Dunton, and then Clara Barcoma. Ms. Dunton: My name is Patty Dunton, and I live on Weblin Farm Road. I would like to share my opposition to the proposed rezoning on 5588 Moores Pond Road. We chose our neighborhood specifically because it was a quiet, safe, single family home community to raise our family. We were assured that the historic Weblin property would remain single family property as it was protected by a recorded preservation easement. Zoning exists for the good of the entire community. It does not benefit the existing community to rezone this property that sits in the middle of the very established single- family home Cypress Point North neighborhood and to allow planned development with 15 separate dwelling units. This will only benefit the applicant who does not live on the property. Another great concern is the planned development will be a co-op. If this was a good way to structure planned developments, wouldn't you see this more commonly used throughout Virginia Beach? Existing homeowners cannot be sure what would be allowed on the property as they will write their own bylaws. What is allowed with the 15 dwelling units, who will be the voting members that decide what is allowed on the property? I have asked but not received for a copy of the bylaws. I've asked but not received for who are potential buyers for this co-op development. Lastly, a planned development in this location will increase traffic on Moores Pond Road almost four times by the city's estimate. It's a narrow road with no sidewalks. There's no other access in or out of our homes, but through Moores Pond Road. So please vote to maintain this property's land use as a single-family home community as it has been for 20 years and I also would like that everyone here today that is an opposition to this rezoning request please stand. Thank you for your time. Ms. Oliver: Thank you. Ms. Sandloop: And our final speaker, Claro Barcoma. Mr. Barcoma: Good afternoon planning commission members, thank you for your service. My name is Claro Barcoma and my house is the third house from the yellow border. My wife is here with me and you have heard all the arguments that my members, my neighborhood have, you know, have said about opposing the you know the development in our neighborhood. When we move in this neighborhood back in 1997, when you go drive in towards that road, the Weblin Farm Road, you can see all the flowers, these days you cannot see any more flowers, but weeds, so you have heard our plight and it's all up to the Planning Commission on how you will handle this case and present it to the city council. Again, you know, it's all up to you and thank you for your service. Ms. Oliver: Thank you. Mr. Barcoma: Thank you. Ms. Oliver: No more speakers. Ms. Sandloop: No ma'am. Ms. Oliver: Okay, so we'll close this public hearing and open it up to discussion among commissioners. Oh, I'm sorry. You want to come back in and you have the time for rebuttal. Ms. Sandloop: Looks like we have one additional speaker. Ms. Oliver: We do have one additional speaker? Ms. Sandloop: Yes, okay. Ms. Deemer: Thank you. My name is Deborah Deemer. I live on Meadowside Drive right where. Ms. Oliver: There's a pointer right there. Ms. Deemer: I'm sorry, yeah. Right here, and you have to drive. This is the road in there, very small road on the second house from that street to get in and the traffic there like is bad because people cut through and to add more to get into Weblin Farms is going to be a lot more congestion there, but another reason we have bought our house in 96 and that property then came for sale after that. It has not been maintained in the historical manner in which Ms. Peterson has proclaimed that she's doing, it's a mess over there. The rules have not been followed. She has people living there that shouldn't be living there. Construction has been done improperly and under the wire. Her and her daughter lived there for a short time. They had Halloween parties. So, when we trick or treated with our young children, you know, we saw the things that they are doing and there's no permits, and some of the things have not been doing properly. She also is a property owner in Norfolk that has not had very good success. I think the term they cause a slumlord, I don't want to have our properties to be addressed in that way back in that area, we have a nice neighborhood and we would like rules to be followed and this to be investigated and she should maintain the property as a historical piece of property instead of trying to get others in there that are not going to keep up the property. Thank you. Ms. Oliver: Thank you. Ms. Oliver: Hi, how are you? Mr. Ruloff: Yeah, I would like to just to make a few clarifications. It appears as though the foundation for opposing is just based on what many say that the easement states that the dwellings must be, cannot be single family dwellings. The word single-family dwelling is not found in the easement anywhere, I have in front of me. What I have in front of me is easement and I'll read what it says. They are correct when they say the property cannot be subdivided or divided and the remaining words that were not mentioned to you today were other than a single track. So, the easement says it must remain as a single track. Now there were references or inferences made that the structures have to be residential. Well, the exact words are no building or structure shall be, we're trying to restore those buildings, renovated in any way except in keeping with historic character of the easement property. So what the easement says it has to be a single track, which we're following that's why we use a co-op regime, which has been approved by the Attorney General of Virginia. We will speak to that in a few seconds and we're making an effort, which is being controlled by the historic preservation group to keep it within historical character. Now, there's been also comments, somewhat condescending comments about owners of co-ops, the most exclusive units in United States are co-ops. Park Avenue in New York City is a co-op. The reason co-ops are created and the difference when it co-op and a condominium is control. In New York City for example, Nixon, Madonna were voted out, they couldn't get a lease, but John Lennon was given a lease and there also was a reverence about co-ops in Virginia Beach. One of the best co-op communities in Virginia Beach enable seniors to have assisted living is Atlantic Shores is very prominent, well done. Virginia House in Virginia Beach with regard to values, which is next to the ocean, is a two-bedroom co-op. The Virginia House at the oceanfront many times is more expensive than the oceans condo. Why? Control to the co-op ownership here will enable these people to maintain upkeep and preserve the historical nature of this. But single-family dwelling is not in this document at all. There are references to it and letters from the State of Virginia, which Paige Pollard addressed, but since then, the attorney general has a proof of concept. The only way for this project to work, it's enabled group of people to maintain it, not let it fall down. They complain about some mess. Well our effort here is to undo that mess and that takes money. So, we're getting a group of people to put together as co-op regime so they can maintain it and live there with pride, the values, the wrong values and what they say with regard to law and values of property. That's not true. That's my two cents. Ms. Oliver: Ma'am, you really can't do that. Please. Thank you. Ms. Pollard: I just wanted to address the easement co-op. Ms. Oliver: Okay. Do we have any, any questions for the attorney who just spoke? Okay, I'm sorry. Ms. Pollard: Sure. My firm was brought in to assist in building treatment plan for this easement held property several years ago after the 2015 letter that the neighbors referred to, was issued by the Department of Historic Resources and so before starting on the project, we met with the Department of Historic Resources to determine what exactly the parameters would be within easement construct that might enable this project to go forward. And their primary concern was to make sure that that relationship at one on one between a single property owner and the state agency that is the steward of the easement was maintained and intact, and that they didn't find themselves in a position where there were multiple property owners. Therefore, the legal advice was that perhaps a co-op arrangement would be appropriate, and we asked that question of the Department of Historic Sources, who in turn asked the question of the Attorney General's office. The Attorney General's office found that that is a single entity, single owner, that does maintain the construct of the easement. So that's why that particular ownership arrangement was selected. Also, we work on easement properties all the time, whether it's maintenance upgrades, major renovations, or new construction in my firm, and there's a very systematic approach. The Department of Historic Resources is responsible for ensuring the integrity of the easement document, as well as the integrity of the historic resource. They view that as a one on one relationship between the property owner and their agency. I am aware that there are several neighbors, or at least one neighbor who's got a standing request with the Department of Historic Resources. So, they are getting that information, but I think the most important thing to understand is the Department of Historic Resources takes their role and stewardship of the easement seriously, as do we. And that is their role and those are the parties in the easement. This is about a land use question here. So, if you have any questions, I'm happy to answer them. Ms. Oliver: Yes Don. Mr. Horsley:I have a question. You say they take it seriously, what does that actually mean? I mean, do they? Do they ever inspect the property or what do they do? Ms. Pollard:They do, so their role is to inspect and ensure compliance with the easement document and to ensure appropriate level of maintenance so that the historic material on the property is not degraded, they do not take a property maintenance type role, the way that the city might have property maintenance staff who were dealing with if there's trash, or if there's overgrown grass. As an example, on another easement property, where we helped a property owner, we noted that there was too much painting too close to the foundation. That was something that the Department of Historic Resources noted because it was of consequence to the integrity of the foundation. So, their role is very strictly defined, based on what the terms of the easement are and stewardship of those historic resources. That's their purview. Mr. Horsley:So, they won't come in and inspect the property and say, you gotta clean this place up and? Ms. Pollard: No, no, that is not their role. It legally they don't have standing to do that. Ms. Oliver: Yes. Mr. Ripley. Mr. Ripley: So, the design that we've been looking at the layout of the site plan, the elevations, does that, in your opinion, preserve the architectural integrity of the time period of this property? Ms. Pollard:The evaluation had to do with. Mr. Ripley: Does it enhance it too? Ms. Pollard:Yes, it had do with this setting. The space around the primary house was protected and preserved. The general arrangement of where buildings were developed on site and then also the scale and massing and form of those buildings reflect an agricultural character and those were requirements that the Department of Historic Resources have consistently imposed even to the extent that Clay recently. Prior to submitting to you all, he had tweaked the design a little bit and we sent it back through the Department of Historic Resources and they were unhappy with the trim detailing. So we went back through and made revisions to more closely reflect an agricultural outbuilding in the way that the trim around the windows was designed. So again, their purview and their review and their focus is very much about the historic buildings, and the context and the character of this new construction and its relationship to the historic property. Ms. Oliver: So, I have a question. All that being said, the existing building, they want historic buildings, because I'm assuming that the duplex in the garage apartment are not considered historic. Ms. Pollard: Correct. The garage apartment is modern. The duplex cottage is 1930s vintage, if I recall correctly, but it had been worked over pretty dramatically before the easement was recorded. The three silos are considered historic and the milk barn is considered historic. Ms. Oliver: Right. Ms. Pollard:And then the main house. Ms. Oliver: So, my question. So, when you all speak about restoring and maintaining, what's to prevent all this being done and it not look exactly the way it does right now? When I say look in that regard or the appearance of it, the condition of the property surrounding the buildings, it's overgrown. I'm assuming you've seen it? Ms. Pollard: I have spent a fair amount of time on site. I would say that the concerns about the tall grass that I've heard, for example, are more of a municipal property maintenance issue. They are not something that the easement enables the Department of Historic Resource to police because it doesn't have an impact on the historic buildings. If there's vegetation that's too close, undermining the foundation of the historic building, certainly they can. Ms. Oliver: So, you are only concerned about the integrity of the structure, and what how that's impacted? So just the general unkemptness of the property is not a concern? Ms. Pollard: It's not something that DHR is empowered to enforce under the easement. Ms. Oliver: So, I think that what I hear the neighbors saying, one of their concerns is the fact that it's very difficult to move forward on a new project with the promise for the last 20 years of the grounds being kept. As their personal property is being kept and it's not really reflections specifically on the historic reconstruction of the buildings as much as it is the way the properties being kept? Ms. Pollard:And I think that's why I was trying to draw a distinction between with the easement and whose role that easement, whose purview that is and what that entails and then the master plan concept and the site work and the new construction. There's certainly an overlap there, because there's new construction. And there's proposed new parking and other site improvements. So, there's certainly an overlap, but as someone who works with easement properties all the time It gets very tricky when the line over who's responsible for the easement and what the easement means gets blurred and so I was just trying to be clear with you all about that. Ms. Oliver: No, it's good. I think that helps. Yes Mr. Redmond? Mr. Redmond: Okay. So, I' have a question. I don't remember who exactly passes out this because we're still, I'm still hung up on easement. This is from 2015, was this an earlier iteration of work that you're doing? Explain the timeline here for me, because I have something from 2018 in this packet from the Department of Historic Resources, it says approved. Ms. Pollard: So that 2015 letter, I think is, I believe is the impetus for why my firm was called. So, our work post dates that 2015 letter. In that letter and in prior submissions, the proposal contemplated subdividing the parcel. Mr. Redmond: Okay. Ms. Pollard:And, as with all of our professional lives, there's language and there's, details of how you approach things that are meaningful for regulatory body and the current property owner was struggling with the responses that they were getting about this subdivision and is there any path forward? So, we were then retained to try and figure out what is the status of the easement. What are the restrictions of the easement? How can we help work with DHR potentially or not? And so, I've read all of those letters, but I wasn't involved in those discussions directly. But what I can tell you is the drawings that were attached violated the easement because they showed land subdivision which would have put the Department of Historic Resources in a position where they were dealing with more than one single property owner and that was their concern. They didn't want to have six owners of the property that they suddenly all had to manage. Mr. Redmond: Okay, thank you. I'm sorry, I do have one last. Ms. Oliver: Go, go right ahead. Mr. Redmond: I realized it's five. Ms. Oliver: It's okay. We're not going anywhere. Mr. Redmond: Have you had any dialogue with some of these neighborhood folks in the course of your work because they're pretty exercised? Mr. Dills: Yeah, we had a community meeting I know that I attended, and we presented it and met with many of the people here, and no one was held before that and so I know of two, there may have been three. Mr. Redmond: Right. Ms. Oliver: Okay, I'm sorry. I'm sorry. We can't engage in that form. I understand. Mr. Dills: My understanding was two, I thought there may have been one prior to that as well. Ms. Oliver: Okay. Okay. I'm sorry. Thank you. Any other questions? Okay. Thank you very much. We are closing this hearing for discussion amongst the commissioners and it is open for discussion. Yes, Mr. Redmond? Mr. Redmond: So, I think I have a hand on the easement question if Mr. Inman wants to come and rescue me at any time. I'd be welcome to see that, you know, circular float come flying in, but as I understand it, what they're proposing is based on the easement. I think that what a lot of folks are exercised about are iterations of this plan that didn't comply with the easement. In any event, to the easement question, which I think that gentleman made a good point seems to be the foundation of a lot of this disagreement and others. To me, that seems resolved. We have a letter from the state. The state is the one who administers this easement, not me. It's not her. It's the state that administers this easement and they sent us a letter that says, approved. That's what I read. I see head shaking, but that's what I read. So, 2015 to me is not relevant. What is relevant to me is the plan that's before us, they came forward with a plan for subdivision and all sorts of other things, and it doesn't work. It's not legal under this easement. The state's the ones, so I've kind of push that aside. I don't know why anyone would not want to improve this ridiculous eyesore of a property, or how anybody can believe that in its current state, it does not now today degrade property values. I have been there three times now. The buildings are falling down that which is replaced or modern buildings, not historic ones and they're falling down. So, the idea that somehow riffraff is suddenly going to be living there, I can't imagine the king and queen are there today. Traffic, it's a minuscule development, miniscule. Under this plan, it would be a lesser density than all of the neighborhoods that surrounded and there are a couple of thousand homes. So, I can't find, I've asked folks who are opposed to it, tell me what's wrong with it? Tell me what's wrong with it because I can't find what's wrong with it? Other than fact a lot of people who don't like it, and I get that part and have visited with some and I appreciate that part, but this is a property that cries out for investment and the scheme that they've defined is where you get that investment and being rude doesn't help. So, I think you have to have money to be able to spruce something like this up because it just doesn't nobody's going to come and give it to. So, I'm still looking for... Ms. Oliver: Please. Thank you, go ahead. Mr. Redmond: It does not help to be rude. Okay. So, what I'm still looking for is a real credible reason why from a land use perspective and from an improvement perspective, this doesn't work. I do understand the objection, which I've discussed with these folks in a private setting that there is kind of a multi-family element involved here. How do you drop that in the middle of a single-family home neighborhood, is that compatible? Or is it incompatible? But it's so tiny in this context, I thought about this all weekend, but I can't figure out how that makes any difference whatsoever in my own mind. So, I am, I have struggled with this for quite some time, I'm still looking for that reason why this is not a good thing, let alone a bad thing and not an improvement. I just haven't heard it yet, haven't heard it yet. So, thank you very much. Unknown Speaker: Shall I speak? Ms. Oliver: No sir. I'm sorry. Unfortunately, you might not. I do have a question and I'm not sure who answers this question, when and it might be the attorney or the original applicant, because when we saw this prior, what was it in February? When we saw this back in February? There was is this not the same applicant or now we have? Are we just talking? Okay, so it was pulled. So my question is, we restore the buildings, we restore the buildings, we bring them up, we clean the property up, who is maintaining this after this is all said and done? Who is the person on this piece of property that is making sure that the people who have gone into the co-op and who's maintaining the property? Mr. Ripley: It's like a condominium regime. Ms. Oliver: Right. Ms. Wilson: It's a co-op. It will be a co-op board, just like there's a condo board, but they will be the people, those people will actually be the owners that own, that have each dwelling, they are on the board. Ms. Oliver: So, I guess my question is the applicant will not be, she will not. Ms. Wilson: She will simply be, I'll look at the attorney, and she will simply be another one of the shareholders. So, she'll just be a shareholder just like somebody who buys in the three plex? Mr. Graham: What percentage of ownership will she maintain? Ms. Wilson: I don't know, are we doing even ownership for everyone? Yes, they're doing even ownership for everyone so she will have a 15th or whatever it is. Mr. Graham: Will co-op be capitalized enough to be able to maintain the property into perpetuity? Ms. Wilson: That will be their responsibility. If they don't then somebody from the state will come down and make enforce the easement. Ms. Oliver: And the tenants that are on the property now are they in the co-op? What happens with the duplex in the garage apartment those people? Ms. Wilson: Apparently no, they are not on because they are renters at this time. Ms. Oliver: And who are they renting to, who receives that money? Mr. Ripley: Let's have the attorney come back? Ms. Oliver: Okay. Do you mind coming up? I just didn't know who I'm supposed to address? Come on up you, you can come up to the mic please. No, ma'am. Thank you. Mr. Ruloff: The co-op hasn't been formed yet, will form it once we get approval, they submit to the State of Virginia, either approved and they also have their regulations to make sure it's done right to protect the consumer, but to give statements, budgets in order for this to work, so it's gonna be very detailed. With regard to enforcement, the board will enforce it to protect own property values. That's how all co-ops and condominiums will run with associations. Ms. Oliver: I understand that part, but the existing tenants on this property? Mr. Ruloff: They are not in a co-op, because they don't exist. Ms. Oliver: So, who would they answer to? Mr. Ruloff: The landlord at the moment. Ms. Oliver: At the moment, I'm going forward. So I'm just trying to figure out where? Mr. Ruloff: They don't have 10, 5 year leases, the lease will run this term. The lease will be terminated. Those units will be retrofitted if necessary to meet the standard, then that we offered for sale. Ms. Oliver: They will be offered for sale? Mr. Ruloff: The units, the lease as hold, you know. Ms. Oliver: That duplex and the garage apartment. Okay. Mr. Inman: Will those units be upgraded? Will they be renovated? Mr. Ruloff: All units to be upgraded to the standard that's the intention, all units, and the standard required. I'm not the architect, he can answer that specifically, but every inch of this property is going to be addressed to bring it up to a standard to meet the market. So, we get a good caliber of owners in the units. A lot of money, a lot of time invested to make it work. The alternative is let it fall down. That's not good for anybody, no one wins. So, this is not my time, the architect's time. Mr. Arnhold's time, it's been a couple of years, we've been trying to make this project work. This is the alternative, which will never fail. I don't think it's good for the city or anyone, or even good for the neighbors to drive. They say it's a mess. Well, we want to have the opportunity to undo that mess to create value. And I'm sure will tell you the caliber neighbors will be good. Ms. Rucinski: I have a question. So, what happens if there's not enough interest for people to want to buy into the co-op? Mr. Ruloff: The way that works like any other project, the developer retains the interest, okay until each has sold, it's my understanding. I don't want to commit to this. There's only one person who signed the contract about what, I think that is from the neighborhood. We have two contracts from the neighborhood. So not everyone in neighbourhood opposed this looks like. Mr. Graham: I have a question. It's really for planning staff, so when the applicant moves forward, they'll have to go through site plan approval process, correct? Mr. Sanders: Yes sir. Mr. Graham: Okay and through that process, they're gonna have to get a building permit. They're going to submit building plans. The other structures on the property, some of the violations we've talked about, those are going to have to at that point. I can't talk about for perpetuity here, but at that point, those are going to have to be addressed, correct. I mean, these site plan approval? Mr. Sanders: Yes correct and the applicant has agreed if there are any deficiencies with the existing structures, they would bring that up to life safety codes and that's noted in your report. Mr. Graham: Right. So landscaping is going to have to be cleaned up the mulch, that's all over probably an acre or two of land. Mr. Tajan: They would have to be maintained in accordance with this plan and my opinion, we would have proffers that would be on this property that we could enforce using zoning, using zoning enforcement and not relying only on the property maintenance. Mr. Graham: Which would strengthen the city's ability to make sure that property is maintained? Mr. Tajan: I believe so as Ms. Wilson tell me otherwise, but I believe we have an opportunity to have further inspections on the property with the conditional rezoning on it, to allow us to inspect and get onto the property. So, we're not bounded by the additional requirements of property maintenance, which is visibility from the street and right- of-away and other things that are not required that allow them not to inspect the property. Mr. Ruloff: Okay and the proffers deal with the landscaping and Kay Wilson, we submitted four rounds of proffers, each time getting more strict, more clear, more demanding. So this property will have I think some of the most stringent requirements, because you know the city's requirements and the DHR requirements. So have two sets of eyes looking at this, that's more stringent than most other communities. Ms. Oliver: Yes. Mr. Ripley: You know, Dave, I kind of listen to what Dave says, I mean, I think, where you are going to find, you need to find a source to upgrade this and, I think we've heard testimony that the architecture that's being proposed is going to preserve and respect the architecture of the time and the plan itself to me looks like a good plan. I hear the neighbors and their concerns with the experience they've had with the property owner and the condition of the property. I hear that loud and clear, you can see it without a doubt. I like the idea that I know Jim Arnhold gets involved with it will be done right. Hopefully that works, it didn't sound like he has an agreement at the moment. I know if Jim are involved in it, he's going to make sure the details are right and hearing the plan that concerned for just like trim on the heaves, etc. I developed some property in Williamsburg years ago, and they had an architectural review board, and they were looking at details the top of the chimneys. When you get into those kind of details, you end up with a pretty good product and that's what it sounds like it's going on here, the weak link, and it is maybe the where with all the owner. We're talking about land use here, it's kind of hard to make that judgment and I have no even though right to say that, but I will just say that, that appears to be sort of a weak link, if you will. Hopefully, this plan moving forward with the right people involved. I think, could be a pretty, pretty really nice plan. You know, we heard testimony that because I had received calls about traffic, but you know that doesn't appear the traffic is an issue really. Schools, it's not an issue. You know, I think land use and value, boy, when you hear that you really gotta pay attention, does it affect the value of their properties, and I look at the town houses that are up on Westland, and they adjacent to this neighborhood and wrap around it to some extent and I don't think there's a valued reduction as a result of that. Those types of mixtures, if you will, so preserving this open space is really kind of unique for the city, I'm inclined to support it. Ms. Oliver: Yes, Don. Mr. Horsley:You know, dealing with these old historic properties, we've got one at home, that it's not registered with the state or anything, but it's an Old Providence racing with the city. And dealing with these old properties is a problem keeping them up. People would like to see them, in good shape and it's, it's been a very trying situation for us to not just put a bulldozer an tear it down to be honest. If I met my wife, it may have happened years ago, but and we do the best we can to keep it up. I can understand this, this property getting in shape it is not with some of the buildings and also in order to preserve some of this property. You've got to have a way to generate some revenue to do that. And, everybody doesn't have a big pot of money that they can put into to preserve in things like this. If it continues to stay in, it stays in. I've cleaned up some farms that have been old buildings and old silos on them and they'll eventually fall down. Then you've got a mass and ends up these, you put a loader in and clean this stuff up buried or something like that. All it all and that's not a very pretty sight either. So, if you get an opportunity to like we have here to upgrade a property that does have historic significance and, I think it will help keep the property values in a neighborhood. I mean, if it continues to go down, you're going to have a big ask in your neighborhood forever and if we can, can get it restored to a certain extent and with the direction. This thing has got to go through a lot of approvals. Today is the first one, and it's got to go to Council and then it's got to go back to Richmond and I don't know who else has got to approve it. But before it happens, I got a feeling that this is a start and we've got an approval stamp from the first approval, so that it could come through us. I think that, all said and done, I mean, I know we got a lot of neighbors in opposition to this thing, but I think deep down and we've listened to what you say, I wasn't a big note taker in college. I listen to what people say and we put up here to pass judgment on what we think and we think. I think it's in the best interest land use and that's what our decisions are based on, land use. I think it's in the best interest of everybody if this project goes forward to the next step and see what happens at that stage. So, I'm going to support the application and those reasons. Ms. Oliver: Any one else? Yes. Jack. Mr. Wall: I think it's an interesting concept. You know, applaud their efforts, but I think, adding multi-family into the heart of a single family neighborhood, really isn't the best idea. So, I'm not gonna support it. Ms. Oliver: Yes Dave. Mr. Weiner: This is worse than 7-Eleven. I mean, I've been thinking about this. I've listened to everybody. I don't take good notes either. I don't think to write, but I've listened, sit up here and listen, and they read and brought it up. I don't see how it's not affecting the value of your homes now. What's there now, it's affecting the value of your homes now. To have some money to actually want to come in and fix it up is my opinion, I think it's outstanding, so I'm going to support it. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond: I would move approval of the application. Ms. Oliver: Go second. Mr. Weiner: Second. Ms. Oliver: Yes, Mr. Inman. Mr. Inman: I will not be able to vote. I have a business relationship with the applicant in a situation. I'm not involved in this matter. I knew nothing about it till today, but I have other businesses. So, I must abstain. Ms. Oliver: Thank you. Mr. Graham: I have a business relationship with Mr. Arnhold, that's unrelated. I have no financial gain. I will be voting. Ms. Oliver: Right, anyone else? Thank you. Mr. Fisher: Vote is open. Ms. Sandloop: By the recorded vote of 8-2 with Commissioner Inman abstaining. Agenda Item D 1 has been approved. AYE 8 NAY 2 ABS 1 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABS OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI NAY WALL NAY WEINER AYE PROFFERS Proffer 1: When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development (hereinafter "New Master Plan"). Proffer 2: Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects. The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled " New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. Proffer 3: Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A subs system similar to "gravel pave" will be used. Proffer 4: Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. Proffer 5: Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. Proffer 6: Low wood fencing (48") with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. Proffer 7: Open Space: Open community space provided will be in excess of 15% of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. Proffer 8: Units: The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. Proffer 9: Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. Proffer 10: Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. Proffer 11: Cooperative Association: Membership in the Cooperative Association is mandatory. GtN1A•BFAC �ti4 �L % I I CITY OF VIRGINIA BEACH t - 7 i INTER-OFFICE CORRESPONDENCE Z ? O / OF OUR Nrkik°° In Reply Refer To Our File No. DF-10152 DATE: August 9, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Weblin Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 20, 2019. I have reviewed the subject proffer agreement, dated December 18, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Weblin Properties, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT, made this ) Play of December 2018, by and between, Weblin Properties, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITN ESSETH WHEREAS the Grantor is the owner of that certain parcel of land located in the R-10 Residential District, located at 5588 MOORES POND ROAD, in the City of Virginia Beach, Virginia 23455, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee to change the Zoning Classifications of the Property from R-10 Residential District to Conditional PD-H2 District with an underlying R-10 District; and WHEREAS, the Property is encumbered by that easement more particularly described as the Virginia Historic Preservation Foundation Easement dated October 24, 1997, and recorded November 13, 1997, in Deed Book 3810, at Page 1626. GPIN: 1468564635 Prepared by: Robert E. Ruloff, Esquire Ruloff, Swain, Haddad, Morecock,Talbert&Woodward, P.C. 317, 30`h Street, Virginia Beach,Virginia, 23451 Page 1 of 6 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other development legislation; and WHEREAS, the Grantor acknowledges 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, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned to cope with the situation to which the Grantor's rezoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Page 2 of 6 grantees, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development(hereinafter "New Master Plan"). 2. Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects.The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled "New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. 3. Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A sub system similar to "gravel pave" will be used. 4. Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. 5. Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. 6. Fencing: Low wood fencing (48") with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated Page 3 of 6 October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. 7. Open Space: Open community space provided will be in excess of 15% of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. 8. Units:The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. 9. Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. 10. Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. 11. Cooperative Association: Membership in the Cooperative Association is mandatory. 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 reminded; 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; Page 4 of 6 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; and Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references herein above to the R-10 or the PDH-2 Zoning District and the requirements and regulations applicable thereto refer to the 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 any 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 will be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument will be void Page 5 of 6 . WITNESS the following signature and seal Grantor: WEBLIN PROPERTIES, LLC, a Virginia limited liability company i trf i61'Or---- (SEAL) By:Anina Budig, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this l 8 day of December 2018, by Anina Bugger of Weblin Properties, LLC, a Virginia Liability Company Notary Public My Commission Expires: 6, ( I ° 9 Notary Registration Number: to `t 115 _tomoae00001®_ \- NE • r9 T:®tl zo g2 z=ram . T S nla �,'9,�'•�9GINIP •f e �®�P•�r B eeG`,0,"4® Page 6 of 6 14 is ) i z j1 r- 7- -4,L G------- , r ) Ll 1-6 , \ I o N / L 44.--04-r._ - - - ,\- --- \ r :midsisi am �� o ; o 0 o I" d ,,.,,,,, , 21(1 ° 0 , . , 1 _../ , / /7. 0 tII,,,,,_-______ a. , 1 / a, -. co / — u) cp > •tom I ;: 1i O./ . / C *fidA a 0 E ''n- CO idirkI,„0 ca 2 g .5), , Fl 1.7 ...• 0 �'i //\ 14 i 0 .. . . U.111 1' a 0 o2S is.-141 tit a) N ' 7 ° ist, t Wil) ) 4- ( I i/ !/ Iv _■� 0 of • th / f , ' Q a, N • I/ 0 W 1 0 J �n a m / aI ---] 1:2_ [ ,2:61S+IFZi2,n, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE HOTEL, LLC [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Modification of Proffers (B-2 Community Business District to Conditional B-4 Mixed Use District) for the property located at the northeast corner of the Princess Anne Road & Community College Place, (GPINs 1485349414, 1485442154), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: August 20, 2019 • Background: The City Council voted to declare this property as excess on March 19, 2019. On April 16, 2019, the City Council approved the rezoning of the 6.50-acre property along Princess Anne Road adjacent to the Tidewater Community College. Unfortunately, the proffer agreement attached to the request referenced the original exhibits, rather than the revised site layout and landscaping plans, and the updated sign elevation. This housekeeping item will ensure that what City Council approved will be in substantial conformance with what it ultimately constructed on the property. The project includes the construction of two hotels with up to 226 rooms as well as a stand-alone restaurant. It is the intent of the applicant to establish a shared parking agreement between the uses on all three parcels. Vehicular access is limited to Community College Place, as this section of Princess Anne Road is identified as a limited access roadway. • Considerations: Securing a location for a hotel in the Princess Anne Commons area has been challenging due to the AICUZ restrictions and the environmental constraints that exist in the area. This site is particularly attractive as a hotel site as it is located in the less than 65 dB DNL noise zone, outside of the Floodplain Subject to Special Restrictions, and is in close proximity to the Princess Anne Athletic Complex, the Virginia Beach Sportsplex, the Amphitheater, the future Biopark, and various medical facilities. The request is consistent with the Comprehensive Plan's vision for Princess Anne Special Economic Growth Area 4, which encourages hospitality uses. As recommended by the Plan, the applicant submitted a preliminary drainage strategy and subject to several modifications, Staff is confident that the concepts proposed will meet the required stormwater standards. The analysis showed that the stormwater outfall for the project will be directed to the southeast into a 72-inch Princess Anne Hotels, LLC Page 2 of 2 pipe under Princess Anne Road, through the existing stormwater ponds at Landstown High School, and eventually into the North Landing River. As such, Staff does not believe that the stormwater from this property will have any impact on the nearby Buckner Boulevard. Further details pertaining to the rezoning application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: 2018 Staff Report and 2019 Disclosure Statements Location Map Revised Proffer Agreement, dated August 9, 2019 Conceptual Site Layout Plan of TCC Outparcels, dated July 31, 2019 Conceptual Site Landscape Plan of TCC Outparcels, dated July 31 , 2019 Conceptual Site Layout of TCC Outparcel, dated August 1, 2019 Building Rendering, dated February 1 , 2019 Monument Sign Exhibit, dated February 1 , 2019 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• - • - • agency: Planning Department f,. / City Manager. b Applicant Princess Anne Hotel, LLC Agenda Item Property Owner City of Virginia Beach Public Hearing July 11, 2018 ,,,a City Council Election District Centerville 1. 5 Virginia Beach 4.Request ! ,.��1--�' e -17 Conditional Rezoning(B-2 Community Business to Conditional B-4 Mixed Use) 4rtill 4C0 % so Staff Recommendation .• _'.` raiiii; ! Approval i V, 3 - It Staff Planner t a Jimmy McNamara c A ° nYVne ` Su k I rtiream Parkway River Roo, /.rah Location Topaz Lane '.. Rock Drive 65-70 d8 DNL Property located at the northeast intersection P4'amarinepdve � of Princess Anne Road &Community College P - N. Place yw,i.ne GPINs 1485349414, 1485442154 ; - , r Site Size '• ., F`„•' (�srii. Buckner=Boulevard 6.46 Acres - - - AICUZ A t t Less than 65 dB DNL �' '- Watershed — ". %• - Southern Rivers a''.. ` ,ice. Existing Land Use and Zoning District g .. Undeveloped/ B-2 Community Business *t :Y� ,` > Tiffany Lane 0r' '` .ww n y Surrounding Land Uses and Zoning Districts u��t Ro k-Arc ss4 North °°� Undeveloped / B-2 Community Business South . Princess Anne Road Single-family dwellings/ R-5D Residential East Community College Place Community college/ P-1 Preservation West Commercial/ B-2 Community Business Princess Anne Hotel, LLC Agenda Item 15 Page 1 Background and Summary of Proposal • In 1983,the subject site was rezoned from R-8 Residential District to B-2 Community Business District. Since that time,the 6.46-acre site located at the current entrance to Tidewater Community College has remained vacant. • As the property is owned by the City of Virginia Beach,the Department of Economic Development sent out a request for proposal for development of the property. Two responses were received and the applicant's proposal was selected. • The applicant requests a rezoning of the site,which currently consists of two parcels, to B-4 Mixed Use in order to construct two hotels and a restaurant. Additionally,the applicant intends to subdivide the site to ultimately create a total of three parcels. • The parcel located at the corner of Community College Place and Princess Anne Road, as depicted on the site layout, is proposed to be developed with a nearly 5,200 square-foot stand-alone restaurant. • The second parcel, also located along Community College Place, is proposed to be developed with a Hampton Inn &Suites with up to 120 guest rooms. • The third parcel, located to the southeast along Princess Anne Road, is proposed to be developed with another hotel with up to 120 guest rooms. • Access to all three future parcels will be via a single point of ingress/egress along Community College Place. No access to Princess Anne Road is being requested. Cross-access and shared-access ingress/egress easements will be established during the recordation of the final plat. • The applicant has proffered that a new westbound turn lane within Community College Place will be constructed when the property is developed. • The site layout depicts the required street frontage,foundation and interior parking lot landscape material. • The Zoning Ordinance requires one parking space per lodging unit and one space per every 100 square feet of floor area for the restaurant. As depicted on the site layout,the proposed 5,200 square-foot restaurant requires 52 parking spaces and the two hotels require 208 parking spaces, for a total parking requirement of 260 spaces. The submitted site layout depicts a total of 265 parking spaces among the three parcels. The applicant is aware of the potential need of a shared parking agreement amongst the three parcels in order to meet the requirements of the Zoning Ordinance. Staff supports this approach. • The submitted proffered building elevation of the hotel building depicts an exterior with neutral or earth-tone colors with primary building materials of brick and EIFS. Both of the hotels and the restaurant will feature similar building materials, color schemes, and architectural style. • An eight foot tall, monument-style sign with a brick base is proposed for each of the three new parcels. • The applicant's engineer identified approximately 0.425 acres of isolated, non-tidal, emergent wetlands within five scattered pockets on the site. This exhibit entitled "Onsite Wetland Exhibit" is found on page 10 of this report. The applicant has submitted this information to the U.S.Army Corps of Engineers and is awaiting an official wetland delineation approval. Once a full approval has been obtained, a Joint Permit Application will be Princess Anne Hotel, LLC Agenda Item 15 Page 2 submitted in pursuit of filling these wetlands for the development of the property. As a means of mitigating for the wetlands impacts,the applicant intends to purchase credit from a commercial mitigation bank servicing the Southern Rivers watershed. Zoning History ° # Request 1 REZ(R-8 to B-2) 11/21/1983 F-1`-� 2 MOD Approved 07/09/1996 � �j, {LT LUP Approved 12/05/1979 3 CRZ(R-5D& R-10 to Conditional PD-H2(A-36&A-12)& B-4)Approved 06/26/2007 �,r �. F era CRZ(R-5D to Conditional B-2) Denied 02/23/1999 4 CUP(Motor Vehicle Rentals)Approved 02/08/2005 f aC�` � ��F��S�� r� 5 CUP(Car Wash&Automotive Repair)09/22/1998 tt\OP�!JJi" ibl Svi .-.rye lei f* t4 -� tl,r.;Pi^ �rsi ,�+�li i'., R-5D yy77 tc t4 . 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 to rezone the site to B-4 Mixed Use for the purpose of developing two hotels and a restaurant is consistent with the Comprehensive Plan's vision for Special Economic Growth Area (SEGA)4- Princess Anne Commons. The Plan encourages hospitality uses which are directly adjacent to the Virginia Beach campuses of Tidewater Community College,Old Dominion University and Norfolk State University. Securing a location for a hotel in the Princess Anne Commons area of Virginia Beach has been challenging due to the AICUZ restrictions and the environmental constraints that exist in this area. This site is located in the less than 65 dB DNL noise zone and outside of the Floodplain Subject to Special Restrictions;thereby making it ideal for development. The growth of the area, which includes the Sentara Princess Anne Hospital,the Amphitheater,the Princess Anne Athletic Complex,the Virginia Beach Sportsplex, along with the future development of the Virginia Beach Biomedical Park, has further increased the need for a hotel in the southern part of the city. The applicant intends to partner with the Tidewater Community College Hospitality Management Program to provide real-world training opportunities for students. As recommended by the Comprehensive Plan,the applicant has submitted a preliminary drainage study to the Development Services Center(DSC)outlining the proposed stormwater strategy for the subject site. As a result of the review,the DSC concurs that while there are still items that need to be addressed during final design, the proposed conceptual stormwater strategy can be modified to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Princess Anne Hotel, LLC Agenda Item 15 Page 3 In Staffs opinion,the proposed request will provide a valuable commodity that is currently lacking in part of Virginia Beach. The proposed site layout and elevations provide confidence of a quality,attractive design that will enhance the Princess Anne Road corridor. Staff recommends approval of this request subject to the submitted proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the site design shall be substantially in accordance with the Plan titled "Preliminary Site Layout of TCC Select Service Hotel," dated May 14, 2018, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Site Plan"). Proffer 2: When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as"Home 2 Hotel New Build Exterior—Day View", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Building Renderings"). Proffer 3: When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "Conceptual Site Layout& Landscape Plan of TCC—Outparcels," dated May 16, 2018, prepared by MSA, P.C., shall be submitted for review and approval. Proffer 4: When the Property is developed,the freestanding sign for each of the properties shall be substantially in accordance with the sign exhibit entitled "Freestanding Sign", dated June 19, 2018, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Sign Exhibit"). Said sign(s)shall be monument style, no taller than eight feet in height and shall have a brick base to match the building. Proffer 5: As will be depicted on the final Site Plan when the Property is developed, a new westbound left turn lane with the appropriate storage and taper lengths within Community College Place roadway will be constructed. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet Staff Comments: The submitted proffers provide confidence of a cohesive development with quality materials and design. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All Princess Anne Hotel, LLC Agenda Item 15 Page 4 applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within Special Economic Growth Area (SEGA)4- Princess Anne Commons in recognition of the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. Focus should be placed on providing locations for rural or campus-like development, participatory sports,entertainment venues,tourism, biomedical research and hospitality uses which can benefit from their proximity to campuses of Tidewater Community College and the Old Dominion University/ Norfolk State University. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As previously stated, several small areas of isolated, non-tidal, emergent wetland areas are present on the site. The applicant is aware of the need for a Joint Permit Application (JPA). There do not appear to be any other significant cultural or natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34,940 ADT 1(LOS 4"C") Princess Anne Road 52,300 ADT 1 56,240 ADT 1(LOS 4"D") Existing Land Use z—3,575 ADT Community College Place No Data Available 13,140 ADT 1(LOS 4"C") Proposed Land Use 3—2,077 ADT 20,700 ADT 1(LOS°"E") 'Average Daily Trips z as defined by 6.5 acres of 3as defined by a 107 room hotel,101 4 LOS=Level of Service B-2 zoned property room hotel and a 5,200 square-foot restaurant Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes a divided, access controlled facility with bikeway within a 150-foot right-of-way. Public Utility Impacts Water These sites must connect to City water. There is an existing 24-inch City water transmission main along Princess Anne Road. A City water main may be extended from the transmission main for connection purposes provided hydraulic analysis supports the potential demand. Plans and bonds are required for construction extension of water system. Sewer City sewer is not available to the sites as proposed. Plans and bonds are required for constructing the extension of the sewer system. Princess Anne Hotel, LLC Agenda Item 15 Page 5 Proposed Site Layout . van'" 1 gq r)iii , Q-3� \* g„ $ fig{ y O OO♦ \ 9 ,\I , o E N�.i a..a -1r Ji I . Aga 1 � a �t R6 ti a r \ j a o o g$pe 4\ \ .".:;, Iliklipll s YJ a� e I T v. \ai -ll/d� .4 5 • \` ' I i'-'8 \'';" \ g•''.‘ \ Itin , ( "� \ \ 1 I® o \ co ._ t- IIIr I _ © \ \ * o hill -"ilk *\\,, fittit ' 1------ .'( 411! glgIn ii ''1 tt 1 tidle . ©+ / �\ ,\ ®, „ 50" -,;":111414...... — \s„,- .> \ \ / _ 4 I 'nf EL 0 'III iii , � O f __I / I w 4 !t ,„1, b �J v — 1 zw d , .c:____--._.:-..:_._-.i.:...,.....,.i.,,,....__.._..___...____..,_.,-.: 1 1::11, 1 1:it. : ° I--- 5 \ I=s Princess Anne Hotel, LLC Agenda Item 15 Page 6 Proposed Landscape Exhibit IL:1UI!i • e1iI ; d 1 t - ,.., ..i.-.-„ al \ r 'A, - _ \\\ • ;6 \ � \ \ ` fir' ® % :c \ e \\ \ m A fop a a�' + Y \\ \ i`n Itv30e -1 0 s a� \. Q \- od 4 \. gfReg =' —_ rae t Mtn r O f _ t' -;:t i 1 ' ' '''k..ir'''f4-17::7 ..irli..7 -,-I''''''''-''\ /0 V.;' z -,:,4. '• , .,., 1 y� i �0. y�J,t t lOra<< • A -: :. �„ Q , d Q1 • ., 1 I'BnI Princess Anne Hotel, LLC Agenda Item 15 Page 7 Proposed Rendering *Rendering revised after July 11, 2018 Planning Commission public hearing / ! j t ..� s s T. gi e . v a , Illir i ,..= t£ l > / , . _ .. _. _ ,,.� a a S '•.. W • ,, .• ' -41.- ,''---.44:10)-+ .- ...--. ,7,- i - i - = 4i-- i4Y .c +xq"��" 8i '4��r Z Princess Anne Hotel, LLC Agenda Item 15 Page 8 Proposed Freestanding Sign 7'-9"(2362.2mm) vlamptoru N (gmv �SU��teo by HILTON I - - -MIIII NIB ■■-■■-■■ ■m■ri�■■ MSA. P_ 2_ ■■11►�ryi M■ r,,a�s�.re .u.m FREE STANDING SIGN ■EM'Ju■ cAeiav� -�aa FOR ■■■ru .u ■■■ra,'.,m 932R.noenme.suneIlk TCC - OUTPARCELS ■■■Z`1MM 75':4Y0- 64 nu:-';O„ ■■L■:a■■ PROJ. NO.: 17185 DATE: 06/19/2018 SCALE: NTS Princess Anne Hotel, LLC Agenda Item 15 Page 9 Onsite Wetland Exhibit • �w '' _ err finer �-- 0 . r 7 - O + °+ vrirr ;portli , 1 rn a A eq rr+ --I, •i;-**4- =';••!4,5 - ., _ s£ 44437,,,,,, , 4.4,..4.:•,:,, : ,::'' ,:tki-,' =, ' `" . N,,';:i''.; ��e. .1*. „., ,. '. „,,,;::. ;; ,'--ir., 1-::: n fi .-in • . '. .._,„ r,.:., ,,,,,,,_ ,_ ,. , ... , , ,.,.. ,,,. , _ Legend _.„, _ _ .,_ .,_'.. , i gi a n '�r s' _, s F L alr,6Ice�tme GeOF ye G hi to!ecy r CV;Wetlands -Subject Property ) , PROJECT:TCC HOTEL DEVELOPMEN I VIRGINIABEACH,VIRGINIA FIGURE 5: Kimley>>>Horn CREATED BY E FOWLER SCALE 1 in=100 ft WETLAND DELINEATION DATE 1/16/2018 KHA PROJECT NUMBER.116049053 Princess Anne Hotel, LLC Agenda Item 15 Page 10 Preliminary Stormwater Design A i 3 _e i$A t". ggit'u.t§ d G✓ �? U . It' I 2: ! s {ei � ,, ue fa �v I ,' .0 .. is ... I " > \\lt • ,fits M1 !'ram .r} i r .-.. y � 4,,,,..x.41, .• -u --1, \2\7,- ., 1 5/. �ii I . `' fix. ., a:r I ' , -,.., ..-.tor. i g .„,,,,„ ,, ,k 4...,,,.. \ - .ti , r r 77 Cll.,\.. I ` t, 1 \ '` r• _ j 'L xp, z . K l g i. ` mot ti i i --r l'i le Princess Anne Hotel, LLC Agenda Item 15 Page 11 Site Photos # a_ �, € t' ga 091114 h 1,f Y • 1 t i � 'gi b a `, � -; �',./e4 4.';1 . `fit: �,,# 4 rl .. ; ., '' y fe r` .k ,' .fi-.--2,--.g,, '*,_411._,1,1S,:t'.,,j;:,' ..:, _. ,, . .,...; ...., (1,:' 1 - , ,; _ Princess Anne Hotel, LLC Agenda Item 15 Page 12 0N1A•$EAc O� G� CITY OF VIRGINIA BEACH a * INTER-OFFICE CORRESPONDENCE j �r rS � 5 °F OUR NP��0N In Reply Refer To Our File No. DF-10079 DATE: August 9, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Hotel, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 20, 2019. I have reviewed the subject proffer agreement, dated August 9, 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 . THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE (ALEXANDER W.STILES-VSB#41934) EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3)AND 58.1-811(C)(5) AGREEMENT THIS AGREEMENT is made this 9th day of August, 2019, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantor" and "Grantee") and PRINCESS ANNE HOTEL, LLC, a Virginia limited liability company (also a"Grantor"or"PA Hotel"). WITNESSETH: WHEREAS, the Grantee is the current owner of a certain property located in the Centerville District of the City of Virginia Beach, containing approximately two (2) parcels of land approximately 6.41 acres, which parcels are designated as Parcel 1 and Parcel 2 on Exhibit A attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and GPIN: 14853494140000 14854421540000 WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Properties from B-2 Community Business District, to Conditional B-4 Mixed Use; and WHEREAS, the Grantee intends that the Property will ultimately be sold to PA Hotel and PA Hotel joins this Agreement for the sole purpose of evidencing its agreement to the terms and conditions proffered; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 14853494140000, 14854421540000 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and NOW THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. This agreement shall supersede the Agreement dated July 23, 2018, and recorded at 20190425000326170. 2. When the Property is developed, the site design shall be substantially in accordance with the Plan titled "CONCEPTUAL SITE LAYOUT PLAN OF TCC - OUTPARCELS" dated July 31, 2019, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Site Plan"). 3. When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "PROPOSED HOME2 SUITES BY HILTON" dated February 1, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Building Renderings"). 4. When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "CONCEPTUAL LANDSCAPE PLAN OF TCC - OUTPARCELS" dated July 31, 2019, prepared by MSA, P.C., shall be submitted for review and approval. 5. When the Property is developed, the freestanding sign for each of the properties shall be substantially in accordance with the sign exhibit entitled "D/F MONUMENT SIGN" dated February 1, 2019, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Sign Exhibit"). Said sign(s) shall be monument style, no taller than eight feet in height and shall have a brick base to match the building. 2 6. As will be depicted on the final Site Plan when the Property is developed, a new westbound left turn lane with the appropriate storage and taper lengths within Community College Place roadway will be constructed. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. Grantor PA Hotel joins this Agreement as a potential contract purchaser solely for the purpose of evidencing its agreement with the terms and conditions herein proffered. [Remainder of page intentionally left blank Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR and GRANTEE: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Cam+/'^ ,/� ej— Name: anal,/ /4 , r 1�Warns, s, Title: a C4-1_ ikk e r City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thish day of , 20 t9 , by yap Akkk.xn ' who is personally known to me as idenn�ica ikon. OTA_ UBL My Commission Expires: S 3 t �-Z� Commonwealth Of Virginia My Registration Number: -7�-/ l u.41 Jennifer Anne Grundler-Notary Public Commission No.7037167 My Commission Expires S43 y/22 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoin instrument was acknowledged before me this day of , 20` \ , by 1aa i Ch�� 0.5 , who is personally known to me or hVs pmedneed aside ' ca ion. TARY L C My Commission Expires: SV.S% My Registration Number: 11 I 1/4..r? Commonwealth Of Virginia Jennifer Anne Grundler-Notary Public Commission No.703716 4 My Commission Expires 5 �i 12,- GRANTOR: PRINCESS ANNE HOTEL,LLC PRINCESS ANNE HOTEL,LLC, a Virginia limited liability company By: Page S. Johnson, II Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this q-1k day of , 20 9 , by Page S. Johnson, II, who is personally known to me or has produced as identification. NOTAR PU LI My Commission Expires: t t 130 /Q i My Registration Number: •--/ 4% Crystyl J.To mich 14 Commonwealth of Veginia Nalloteiy Cornmissicin 7748602 �� Mp Commission Expires 11I30P10 5 EXHIBIT A Legal Description Parcel 1 (GPIN: 1485-34-9414): ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "AREA 2: 170,213 SQ. FT. OR 3.90755 AC.", as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. BY THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262 VIRGINIA BEACH, VIRGINIA", Scale: 1' = 100', dated July 23, 2004, prepared by the Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 200408170129811, reference to which is made for a more particular description. Parcel 2 (GPIN: 1485-44-2154): ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as "AREA 3: 108,861 SQ. FT. OR 2.49910 AC.", as shown on that certain plat entitled: "PLAT SHOWING THREE PARCELS OF LAND TO BE ACQUIRED FROM M.P.B., INC. BY THE CITY OF VIRGINIA BEACH FOR TIDEWATER COMMUNITY COLLEGE EXPANSION, CIP 3-262 VIRGINIA BEACH, VIRGINIA", Scale: 1' = 100', dated July 23, 2004, prepared by the Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 200408170129811,reference to which is made for a more particular description. 6 tr__ _ . 7\ , N V ,IL \ \ ,,,,,,i -----___.."_, .., , - \i-ta \ il * Iv ; fig IJ y� $ 4 \ \ N i2s 99 9 i ". ;`rl I IIII1 \ t'\\ \ \\ 1 kg- i j � O \ \ \ \ ‘11 101111 1 1.3 '''''rl \ \ iggthill ! \ \ i ill / v v v ,:�:r \ \\\\� %\ \ ilir I \‘, ® 9 1 I I I 1 I 1 \ \ \ \\ \ Ili \�� a i//e ., ® \ \ \y \\ \ \ ,9k i 6 \ (\,,k,\...,\ . \ 114 .. 1 0 g gil s. 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O • S • P • I • T • A • L • I • T • Y February 1, 2019 T ;V (2244.7 )CAasitEr HOME 2 Iti41111 *V “PLTOP4 gar --- 4. - -„ - DiF MONUMENT SIGN February 1, 2019 Disclosure Statement Virginia Beach APPLICANT'S NAME Princess Anne Hotel, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 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 lave. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE Er▪ - NO CHANGES AS OF DATE *14114 t 2L M+• ▪ REVISIONS SUBMITTED DATE Princess Anne Hotel, LLC Agenda Item 15 Page 13 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:Princess Anne Hotel, LLC If an LLC, list all member's names: Page S. Johnson, II If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Harmony Hospitality, Inc. See next page for information pertaining to footnotest and 2 4 f SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code §2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT Virginia each YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Sal Lemole Land Planner ❑ l_ Contract Purchaser(if other than Lthe 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 MSA, PC Financing (include current ❑ " mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Singer Davis Real Estate Brokers / ❑ ,i Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development /� ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 16 Disclosure Statement a r„: sv ,i�' 7 - 5 'ram fiko mow .r -vex- .� - ,.�G'e�...zN�:rs x:..._ _. $. ! �1'1. -..Y Fey - $ rTi h f i .'.a , :.r •61 `vt Vi- r"`� -K-Zi* ''^,� Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeti , or meeting of any public body or committee in connection with this App on. Page S.Johnson, II 5Vg �k APPUCANT'S SIGNATURE PRINT NAME DA E Page 5 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 17 Disclosure Statement OWN ER 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) A, Construction Contractors 111 Engineers/Surveyors/Agents Kimley-Horn&MidAtlantic Surveying 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? The current land owner of the subject parcels is the City of Virginia Beach. Page 6 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 18 Disclosure Statement 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 me Ling, eeting of any public body or committee in connection with this A plicati n. { , David L. Hansen a,ri3 PROPERTY WN S SIGNATURE PRINT NAME DATE r . . Page 7 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 i6. --‘, \ '-------i .-.-- -..-) , 1 4 f 't 1 4 4 E4i4 � i ‘`..----II KF____-------47 1 i \ -, '.-- II 11\ IX S\ ' \ \ ( y cpyenue - L. EEI :III -}= ptia � �� N �� - \�� 1 0 __ - 4 \` - ' fff t �4 , 4 4 ,, j 4 4J __tItll _.-----\1i„H,,I\ \\\1i1t 4\\i‘1\Vl•1 i1i.4ik‘1 1111 1141. .‘& ,a1-i ii‘:1,,• 1 \\ \1;\I\1 i-' -\1.\' t\\I\1 s...,..\; X...\:..._\. :_._\\,_ \ m 4 ti 1 , ,� 4 ,F 1 .4 \ ! il \ \L__,____,I *. \ II \ \ `\\ ; . \\\\\\\\ I \I 4 d 'Z3 ii \ - \ \\ .\ \\ !! - , 1 it '.:*\\:\-:\• I \ti ________________\. . ' r-I' - \ \ a 4 \ \.\. \ 1 N yyy4 I {I 4, � � 131Js_______y 1 `; -0 o -1'--....,:.\ __---e, ri'-'-' 11 '., tl ._ c ti ti Co i \ CD r- o CD / Nu e1 rr h� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of David W. Lee and Kimberly B. Lee for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 617 S. Atlantic Avenue in Croatan MEETING DATE: August 20, 2019 • Background: David W. Lee and Kimberly B. Lee (the "Applicants") own property located at 617 S. Atlantic Avenue (GPIN: 2426-39-5548), in the Croatan neighborhood. The Applicants have requested the closure of approximately 375 sq. ft. of the platted, unnamed, and unimproved alley adjacent to the rear of their property (the "Right- of-Way") for the purpose of incorporating the closed area into their property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. It should be noted that the staff report inadvertently quoted the Department of Public Works as indicating that there are no assets in the Right-of-Way; therefore, there was no need for a public "drainage" easement. However, it was actually the Department of Public Utilities that stated there were no assets in the Right-of-Way; therefore, there was no need for a public "utility" easement. A drainage easement is needed an will be required as a condition of the street closure. • Recommendations: 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 to City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. David W. Lee & Kimberly B. Lee Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. is Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- : • + • sency: Planning Department City Manager: 1 1 ORDINANCE APPROVING APPLICATION OF 2 DAVID W. LEE AND KIMBERLY B. LEE FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 617 S. ATLANTIC AVENUE IN CROATAN 6 7 WHEREAS, David W. Lee and Kimberly B. Lee (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "7.5' x 50' portion of alley to be closed", shown 27 as the hatched area on that certain exhibit plat entitled: 28 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT 29 TO LOT 20, BLOCK 22, CROATAN BEACH TO BE 30 CLOSED VIRGINIA BEACH, VIRGINIA MAY 3, 2019 FOR: 31 DAVID WILLIAM & KIMBERLY BETH LEE", prepared DKT 32 Associates Land Surveyors, a copy of which is attached 33 hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN:2426-39-5548) 47 2. The Applicants shall resubdivide the property and vacate internal lot lines 48 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 49 be submitted and approved for recordation prior to final street closure approval. Said 50 plat must include the dedication of a public drainage easement over the Right-of-Way to 51 the City of Virginia Beach, subject to the approval of the Department of Public Works 52 and the City Attorney's office, which easement shall include a right of reasonable 53 ingress and egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company must be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not accomplished and the final plat is not approved within one year of 62 the City Council approval, said approval shall be considered null and void. 63 64 SECTION III 65 66 1. If the preceding conditions are not fulfilled on or before August 19, 2020, 67 this Ordinance will be deemed null and void without further action by the City Council. 68 69 2. If all conditions are met on or before August 19, 2020, the date of final 70 closure is the date the street closure ordinance is recorded by the City Attorney. 71 72 3. In the event the City of Virginia Beach has any interest in the underlying 73 fee, the City Manager or his designee is authorized to execute whatever documents, if 74 any, that may be requested to convey such interest, provided said documents are 75 approved by the City Attorney's Office. 76 77 SECTION IV 78 79 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 80 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 81 VIRGINIA BEACH as "Grantor" and DAVID W. LEE and KIMBERLY B. LEE, collectively 82 as "Grantee". 83 84 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 85 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1�(4; 41/161-61 Planning D partmefit City Attorney CA14650 ,bgoc com\dfsl applications\citylaw\cvcom32\wpdocs\d005\p033\00581828.doc R-1 August 8, 2019 EXHIBIT A 1. The land boundary survey shown hereon Is based on a current field survey performed on June 27,2017 and In combination with the plat(s) and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. Godfrey Grier _Z GPIN.2426-39-4545 7 8A 9 M.B.24.P.37 M.B.291,P.98 M.B.24,P.37 I I 7.5'Alley Instr#20081201001369240 (Undeveloped) I 7.5'x 50'portion of alley to be closed • 15'Alley -- -- - ---- --T-,- -- M.B.24,P.37 (Undeveloped) __ - -N 12°18'45"W 50.00' — — Vitali Servutas 20 James&Patricia Baker GPIN.242639 5563 M.B.24,P.37 GPIN.2426-39-5633 David&Kimberly Lee GPIN.2426-39-5548 0 0 19A 21 3 W Instr.#20081201001369240 M.B.24,P.37 e a A P. fry Z Pin(F) Pin(F) \200.00'to S 12°18'45"E 50.00' Twilight Ln. S. ATLANTIC AVENUE (50') formerly Chautauqua Avenue M.B.24 P.37 Exhibit showing PORTION OF 15'ALLEY ADJACENT TO LOT 20,BLOCK 22,CROATAN BEACH DKTAssociates TO BE CLOSED LAND SURVEYORS Virginia Beach,Virginia May 3.2019 For: David William&Kimberly Beth Lee 1100 Granby Street Suite 100 Job No: 18992 Scale: 1"= 20' Norfolk,VA 23510 FB: N/A Size: 8.5 x 14 Drawn: JH Revised: DKTAssoclates.com Tel (757)588-5888 Check: DT Sheet: 1 of 1 Applicant David W. Lee & Kimberly B. LeeAB Agenda Item Public Hearing July 10, 2019 City Council Election District Beach 4 Virginia Beach Request Street Closure /j \)-- Staff Recommendation Approval .iff/,;2 Staff Planner Bill Landfair Location / ""oo eea+u Alley adjacent to 617 S.Atlantic Avenue GPIN 70.7,:, o•.. 2426395548 Site Size 375 square feet of right-of-way AICUZ , \ -\---iii, 65-70 dB DNL;Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District Vacant alley/R-10 Residential t y ..., Surrounding Land Uses and Zoning Districts V North Single-family dwellings/ R-10 Residential 3 South41i, Single-family dwellings/R-10 Residential p iii East . 15 Atlantic Avenue Single-family dwellings/R-10 Residential {,, t, �� West -i ,a Single-family dwellings/R-10 Residential °` 1 -t,- . David W. & Kimberly B. Lee Agenda Item 4 Page 1 Background and Summary of Proposal • The property owner proposes to close a portion of the platted, unnamed,and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit,the applicant is requesting to close half of the 15-foot-wide alley,totaling 375 square feet, and incorporate into the adjacent residential lot. + L- - -- \\-----__ L-- RA - ? , _ - Zoning History v — °� !f Request -. a`li 1 STC Approved 06/14/2000 f-� , i� 2 STC Approved 01/27/2009 f-� , t r 1 k 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 A Viewers Meeting was held,that included City Staff from the departments of Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,closure of this portion of the right-of- way is deemed acceptable. The Department of Public Works has indicated that there are no assets within the 375 square foot area;therefore,there is no need for a drainage easement. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. Many similar requests have been reviewed and approved by the City Council for the closure of alleys within the vicinity of the site. In fact,as evidenced by review of the Zoning history,this request mimics a Street Closure application that was approved by the City Council on the adjacent parcel to the west on June 14, 2000. The proposed Street Closure is recommended for approval with the following conditions. David W. & Kimberly B. Lee Agenda Item 4 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office,which easement shall include a right of right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval,said approval shall be considered null and void. 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 Deportment 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. 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. David W. & Kimberly B. Lee Agenda Item 4 Page 3 Street Closure Survey 1. P.lend bazar/.a y sham hereon Mood an.awed IMO army performed at.Mr V,2017 mil bmr Indlon%Oh eti pMrQh ardor dodo)1.M..r.rd hr.R 7Me wwy wan v rd Mtliwl tubing de Neel IN repot T.r...rma own)as er army,.try,wen*Odd mdMr Head In In 1Mrwwd PS s)rldd rd..df.)irks;~an nand. Godfrey Guar GPB1.2426-394545 7 8A 9 Y E.2a.0.;- M.B.291,P.90 M.B 2,.P.0' 7.5'Alley hMt..20081201001 7.e.ea wan davit bedded _ —t------------ --_ -- 15/AUey ' -----N1rwn4rw law VbC BemMba 20 .kmes&Patrice Baker GRN2e26 996683 Y8 24.P.37 GPIN.2426.39-6639 Ora 012020028 APN.2136410E640 19A s 21 bar02 20061201001369240 r r M.B.2!,P.97 fg • ---- Pin 1F --- Pfi(p) 250267 .1r11r r E..EP RAW S.ATLANTIC AVENUE(50') taro*Chid Nand M881 P.37 m V dw1Mng PORTION OF 15'ALLEY ADJACENT TO DKTAssociates LOT YO.BLTOBECK JCRQATANBEACH TO BE CLOSED \\L A N D SURVEYOR r' NiO nhe Beat Aped Mali N/0 Far David wm).D a lmb.efy ern L.. 1100 Ofrtble..eFAI Job Ma 1.002 Back r•27 Naiak.VA 3OO10 a, FB NIA 812M ...14 k Dam .O1 MAW: DKTAwd.tn.aa. Tel 087)E21.220 {!role DT Olrr: 1 a 1 David W. & Kimberly B. Lee Agenda Item 4 Page 4 Site Photos ,a ffi v *lot 1 tII } David W. & Kimberly B. Lee Agenda Item 4 Page 5 \\\.., ,,_______________1 ti F , ,__. �1/ illi __ ____ :3 1 Aa�t►a Avenue _` .._- I _ ` I i , \\\ � L.-1ti 1 \\\\ IIIIIIII. ._.\ 0 10,10, , rr10.1111111. 1 ..----\ 1 __ \ \ 1 \ .\\\\ \.. \ \ l \\\ r�� y rf \ 11 t J lk \ SI . 1 I, i Disclosure Statement irginiz ?, APPLICANT'S NAME David W.Lee&Kimberly B.Lee 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 11.ProPartY Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program • Changes Exception for `(EDIP) _ Board of Zoning I EnaeachmeM Request Rezoning Appeals Certificate of i Floodplain Variance Appropriateness — Street Closure j(Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that certain to the au lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE,��1l.�WQL 6 1• t.+ti�v �` a REVISIONS SUBMITTED David W & Kimberly B. Lee Agenda Item 4 Page 6 Disclosure Statement Nif.3 Virginia Beach C_ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IDCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:David W.Lee&Kimberly B. Lee 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 is different from Applicant. EI 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 David W. & Kimberly B. Lee Agenda Item 4 Page 7 Disclosure Statement "kt13 V irginia 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 (ill) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two 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 entitles.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or an business operating or to be operated on the Pro,art,. 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 David W. & Kimberly B. Lee Agenda Item 4 Page 8 Disclosure Statement N/13 APPLICANT vtn YES NO SERVICE I PROVIDER We additional sheets If I naadad) ® Accounting and/or preparsr of your tax return ® Andldtect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than 0 the Applicant)-Identify purchaser and purchaser's service providers My other pending or proposed �▪ -, purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) 0 Construction Contractors ElLI Engineers/Surveyors/Agents DKTAssaci tesWGslupSurveyors Financing(Include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Sykes,Bourdon,Mon&Levy,P.C. Real Estate Brokers/ El ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an Interest in the subject land or any proposed development F. contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 David W. & Kimberly B. Lee Agenda Item 4 Page 9 Disclosure Statement • Beath 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. 0_14David W.Lee ~ Y sl l:^"uRE PRINT NAME GATE •7a1L— B.Las Page 5 of 7 David W.& Kimberly B. Lee Agenda Item 4 Page 10 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. David W.&Kimberly B. Lee Agenda Item 4 Page 11 a \ ', , ;zt Beach APPLICANT'S NAME David W. Lee & Kimberly B. Lee DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 riannin.:Commission and Cit. Council meeting that °et tams to the a;..licetionlsi. 0 APPLICANT NOTIFIED OF HEARING DA"I E aNO CHANGES AS OF I DATE' 8.. /9/426REVISIONS SUBMITTED D.A7 E / INB Virginia Beach Inl 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: David W. Lee & Kimberly B. Lee If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. l l Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 1/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Nk3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C z purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Cj Construction Contractors CEngineers/ Surveyors/Agents DKT Associates/Gallup Surveyors Financing (include current f T mortgage holders and lenders j selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahern&Levy, P.C. Real Estate Brokers / z. 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 C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 t}. Virginia Beach CERTIFICATION: 1I 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 App---I lication. 1 David W. Lee 3-16-11 'S Si URE i PRINT NAME DATE r �� i �' Kimberly B. Lee 3^L('N7 \ Page 5 of 7 Item#4 David Lee and Kimberly Lee Street Closure Adjacent too 617 S. Atlantic Avenue District—Beach July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: The next item on the consent agenda is item number four. And this is an application for David W. Lee and Kimberly B. Lee, the applicant for Street Closure adjacent to 617 South Atlantic Avenue in the Beach District. Mr. Bourdon: Thank you Ms. Rucinski, members of the Commission for the record Eddie Bourdon, Virginia Beach attorney representing the applicants, we appreciate this application being on the consent agenda, I will mention all the conditions are acceptable. The second condition talking about a drainage easement over the part of the property be closed contradicts what's in the evaluation, I am not suggesting removing it, but having done, you know, scores of these applications in Croatan. What has been the case in the past is there has been a drainage easement over the five feet. The last five feet, the rear five feet when you relocate the property line seven and a half feet back. We've typically had a five-foot drainage easement but not overall seven and a half feet unless there's actually a pipe in the ground which I don't think in 90% of these cases they're already pipes in the ground. So if the conditions are fine, I also want to get on the record that in all the ones we've done in the past, it's not had a seven and a half foot drainage easement that I have any knowledge of, usually it's a five-foot drainage easement and so just wants to put that up. Ms. Oliver: All right, thank you. Mr. Bourdon: Thank you. Ms. Rucinski: Is there any opposition to this matter being placed on the consent agenda? Okay, hearing none, the chairman has asked Commissioner George Alcaraz to read this into the record. Mr. Alcaraz: All right,just to clear what Mr. Bourdon said, so do we add that there is going to be five-foot drainage easement. Mr. Tajan: I believe that based on the report during the viewers, meaning that there was not a need for the drainage easement. So it could be if you wish to remove that the requirement for it, Ms. Wilson I defer to you on the condition. Ms. Wilson: I would keep it in, I don't know whether their private utilities of any kind or other easements, so if we leave it in that I think we're safer. 1 Mr. Alcaraz: Okay, because one of the comments I was going to state in my review was the public works as indicated there are no assets with 375 square feet. So is that true or not? Ms. Wilson: Well, it could be the public utilities don't have in them, but there's a private easement or there's a private drainage. Mr. Alcaraz: Okay. All right, thank you, appreciate it. The property owner proposes to close a portion of the platted,unnamed and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit, the applicant is requested to close half of the 15-foot alley, totaling 375 square feet and incorporated into an adjacent residential lot. City staff determined that the proposed closure will not result in any public inconvenience, therefore closure of this portion of the right- away was deemed acceptable and City Council adopted a policy aimed at disposing of undeveloped rights-of-way to join properties in the Croatan community, therefore, we recommend consent. Thank you. Ms. Oliver: All right, thank you. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D1 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. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office, which easement shall include a right-of-right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 3 Item#4 David Lee and Kimberly Lee Street Closure Adjacent too 617 S. Atlantic Avenue District—Beach July 10, 2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: The next item on the consent agenda is item number four. And this is an application for David W. Lee and Kimberly B. Lee,the applicant for Street Closure adjacent to 617 South Atlantic Avenue in the Beach District. Mr. Bourdon: Thank you Ms. Rucinski, members of the Commission for the record Eddie Bourdon, Virginia Beach attorney representing the applicants, we appreciate this application being on the consent agenda, I will mention all the conditions are acceptable. The second condition talking about a drainage easement over the part of the property be closed contradicts what's in the evaluation, I am not suggesting removing it, but having done, you know, scores of these applications in Croatan. What has been the case in the past is there has been a drainage easement over the five feet. The last five feet, the rear five feet when you relocate the property line seven and a half feet back. We've typically had a five-foot drainage easement but not overall seven and a half feet unless there's actually a pipe in the ground which I don't think in 90% of these cases they're already pipes in the ground. So if the conditions are fine, I also want to get on the record that in all the ones we've done in the past, it's not had a seven and a half foot drainage easement that I have any knowledge of, usually it's a five-foot drainage easement and so just wants to put that up. Ms. Oliver: All right, thank you. Mr. Bourdon: Thank you. Ms. Rucinski: Is there any opposition to this matter being placed on the consent agenda? Okay, hearing none, the chairman has asked Commissioner George Alcaraz to read this into the record. Mr. Alcaraz: All right,just to clear what Mr. Bourdon said, so do we add that there is going to be five-foot drainage easement. Mr. Tajan: I believe that based on the report during the viewers, meaning that there was not a need for the drainage easement. So it could be if you wish to remove that the requirement for it, Ms. Wilson I defer to you on the condition. Ms. Wilson: I would keep it in, I don't know whether their private utilities of any kind or other easements, so if we leave it in that I think we're safer. 1 Mr. Alcaraz: Okay, because one of the comments I was going to state in my review was the public works as indicated there are no assets with 375 square feet. So is that true or not? Ms. Wilson: Well, it could be the public utilities don't have in them, but there's a private easement or there's a private drainage. Mr. Alcaraz: Okay. All right, thank you, appreciate it. The property owner proposes to close a portion of the platted,unnamed and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit, the applicant is requested to close half of the 15-foot alley, totaling 375 square feet and incorporated into an adjacent residential lot. City staff determined that the proposed closure will not result in any public inconvenience, therefore closure of this portion of the right- away was deemed acceptable and City Council adopted a policy aimed at disposing of undeveloped rights-of-way to join properties in the Croatan community, therefore, we recommend consent. Thank you. Ms. Oliver: All right, thank you. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and DI 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. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to fmal street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office,which easement shall include a right-of-right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the fmal plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 3 4\'• `t ti 1 ; I r .,\\:-\:.,--\\- \ -- ,..___ ..., . ...., 4 � � 1 jT 'lam_ , r t \ \ '" 1 ti I II \.' \ 1� CD 5 1I \Ii l.....1".. '''...\.. II 1 \ \ .\ I Ct a tr)CDC I \I 1 ...\\N\\\\\\S \\\' I\ 1,_.,_1\\ 4.,\ _.....__________i 0 s \\\\:\\A. A11eY ��'s;ti� '.',5 q 0 �. \\ N\W \ ......_________-,,,, ,--1,\\ ,.,, 11\ ' ./ --- . N,.,,,.., = ' tk ', \ X 0 \ \ \ a) > \ -----_-------- \N , .4. ,..., , 1,‘ \ \ \ i, .,,, ,, :- , , .. ,<:\.,. ___ , \\ 10. \\\' 1-. \\lik \ \l'-' \ 1 km 'ice-1 \ yi C C \\IS II. \\\\ , r---.--'.. . , C ..N.45 \1 kl I it \ \ ..\' .-, cy) , .„ •. ,, 0 in y O ti \N% . 0 ' N , ,.,, , � � � ti:�• W 5 tie v -,.--- \ 1 m13 o I I '1CD r D7 C DI ti I �? , J = -v Q \ ito ,�, . o o so I. 4 ____1 ri_ . .. t,, i. I .U. , 1 + yJ' F7f Vke i! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Ordinance Approving Application of John E. Alex and Jennifer K. Alex for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 536 Vanderbilt Avenue in Croatan MEETING DATE: August 20, 2019 • Background: John E. Alex and Jennifer K. Alex (the "Applicants") own property located 536 Vanderbilt Avenue (GPIN: 2426-39-4360), in the Croatan neighborhood. The Applicants have requested the closure of approximately 375 sq. ft. of the platted, unnamed, and unimproved alley adjacent to the rear of their property (the "Right- of-Way") for the purpose of incorporating that area into their property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been granted to property owners within the same block. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. It should be noted that the staff report inadvertently quoted the Department of Public Works as indicating that there are no assets in the Right-of-Way; therefore, there was no need for a public "drainage" easement. However, it was actually the Department of Public Utilities that stated there were no assets in the Right-of-Way; therefore, there was no need for a public "utility" easement. A drainage easement is needed and will be required as a condition of the street closure. ■ Recommendations: 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 to City Council with the following conditions: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. John E. & Jennifer K. Alex Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report Minutes of Planning Commission Hearing Location Map Disclosure Statement Form Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- - - • - •ency: Planning Department Y / City Manager. AL 1 ORDINANCE APPROVING APPLICATION OF 2 JOHN E. ALEX AND JENNIFER K. ALEX FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 536 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, John E. Alex and Jennifer K. Alex (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "INDICATES PORTION OF ALLEY TO BE 27 CLOSED (375 S.F/0.009 AC.)", shown as the hatched area 28 on that certain exhibit plat entitled: "EXHIBIT SHOWING 29 PORTION OF 15' ALLEY ADJACENT TO LOT 3, BLOCK 30 22, CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 31 VIRGINIA BEACH, VIRGINIA", dated December 17, 2018, 32 revised through April 9, 2019, prepared Stephen I. Boone & 33 Associates, P.C. Land Surveyors, a copy of which is 34 attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. 45 46 No GPIN (Public Right-of-Way) 47 (Adjacent GPIN:2426-39-4360) 48 2. The Applicants shall resubdivide the property and vacate internal lot lines 49 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 50 be submitted and approved for recordation prior to final street closure approval. Said 51 plat must include the dedication of a public drainage easement over the Right-of-Way to 52 the City of Virginia Beach, subject to the approval of the Department of Public Works 53 and the City Attorney's office, which easement shall include a right of reasonable 54 ingress and egress. 55 56 3. The Applicants shall verify that no private utilities exist within the Right-of- 57 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 58 company must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved within one year of 63 the City Council approval, said approval shall be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before August 19, 2020, 68 this Ordinance will be deemed null and void without further action by the City Council. 69 70 2. If all conditions are met on or before August 19, 2020, the date of final 71 closure is the date the street closure ordinance is recorded by the City Attorney. 72 73 3. In the event the City of Virginia Beach has any interest in the underlying 74 fee, the City Manager or his designee is authorized to execute whatever documents, if 75 any, that may be requested to convey such interest, provided said documents are 76 approved by the City Attorney's Office. 77 78 SECTION IV 79 80 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 81 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 82 VIRGINIA BEACH as "Grantor" and JOHN E. ALEX and JENNIFER K. ALEX, 83 collectively as "Grantee". 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 86 of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G/144, Planning epartrhent City Attorne CA 14646 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d005\p033\00581828.do c R-1 August 8, 2019 EXHIBIT A NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY JERRY L. WILL BRAD E. SCHWARTZ ELIZABETH ANNE GREGORY KATHERINE M. WILL REVOCABLE LIVING TRUST I I.N. 20171101000938260 I.N. 20140106000015180 I I.N. 20180305000180480 BEING BEING BEING LOT 16 I LOT 15-A I LOT 14 M.B. 24 P. 37 M.B. 24 P. 37 I.N. 200404020052495(PLAT) GPIN: 2426-39-6228 GPIN: 2426-39-5388 I GPIN: 2426-39-5393 I 15' ALLEY S 04'14'15" E 15' ALLEY N.B. at AD 24 P. 37) \\.00' ��` N.B. 24 P. 37) \\\ — EXISTING R/W LINE TO BE VACATED UPON R/W CLOSURE J Q Q I- 0 NOW OR FORMERLY o JOHN E. ALEX o NOW OR FORMERLY DONALD G. REICH b JENNIFER K. ALEX LINDA SUE DEW I.N. 20180612000477500 _ J.N. 20181031000899270 r; D.B. 3739 P. 2034-2035 Z BEING o o BEING o o BEING LOT 4 o LOT 3 o LOT 2 in > M.B. 24 P. 37 w o M.B. 24 P. 37 0 M.B. 24 P. 37 0 Q GPIN: 2426-39-4396 �n .n GPIN: 2426-39-4360 GPIN: 2426-39-5226 z 4 0°" ct Et Q N U , coin is) co Z >LP LP Z to < W ' Q 5 O � Li N L t.v PIN(F) 50.00' PIN(F) 150.00' 0 ee N 04'14'15" W VANDERBIILT AVENUE (80' R/W) (FORMERLY PACIFIC AVENUE) LEGEND N.B. 24 P. 37) o+gI�ALTH ply, yr EXHIBIT SHOWING ` INDICOFA LLEY ATES PORTIONTOBE ,eP PORTION OF i ...__, , G,/,j 15' ALLEY \ CLOSED (375 S.F./0.009 AC.) DAVID W. DAIL ADJACENT TO LOT 3 LiO. No.2871 BLOCK 22 CROATAN BEACH e 12-17-18 49 M.B. 24 P. 37 ��b svg4� TO BE CLOSED VIRGINIA BEACH, VIRGINIA STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS SHEET 1 OF 1 SCALE: 1" = 20' 326 LONDON STREET, PORTSMOUTH, VIRGINIA, 23704 DATE: DECEMBER 17, 2018 JOB NO. 18-107 (757)393-6809 REVISED: APRIL 9, 2019 G:\18\18-107 street closure.dwg,5,29/2019 1:17:35 PM,1:20,JB Applicant John E. & Jennifer K. Alex Agenda Item Public Hearing July 10, 2019 City Council Election District Beach D1 GSty uj Virginia Beach Request Street Closure Staff Recommendation v.i.- , p Approval { Staff Planner4 t ' if Bill Landfair t �# ?, r ; 88?LCR CI, , ro 75 oa�,,, a"t,,a g 1- Location a° �pfl.. Alley adjacent to 536 Vanderbilt Avenue ,,� "'' GPIN 40 .�* cd` <r"" 2426394360 `£�t ‘ "'' s Site Size i'�.., N 1 375 square feet of right-of-way a t AICUZ � s / ;... 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District _ + .._ Vacant alley/R-10 Residential �y� �, ``' to joit s 't Surrounding Land Uses and Zoning Districts -�,� North ; '94.. . Single-family dwellings/ R-10 Residential �4 _ South CI ' ..'.: Single-family dwellings/R-10 Residential ` * '-'_ East „ _4` Single-family dwellings/R-10 Residential }, s` '" r 1 s. r West Vanderbilt Avenuett: Single-family dwellings/ R-10 Residential � t'",_r t ,*' John E. &Jennifer K.Alex Agenda Item D1 Page 1 Background and Summary of Proposal • The property owner proposes to close a portion of the platted, unnamed,and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit,the applicant is requesting to close half of the 15-foot-wide alley,totaling 375 square feet,and incorporate into the adjacent residential lot. — _ . Zoning History is —, oJL # Request o — e 1 STC Approved 03/23/2004 ' r Application Types CUP—Conditional Use Permit j MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariiance Evaluation and Recommendation A Viewers Meeting was held,that included City Staff from the departments of Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney,to consider this application. The Viewers determined that the proposed closure will not result in a public inconvenience;therefore,closure of this portion of the right-of-way is deemed acceptable. The Department of Public Works has indicated that there are no assets within the 375 square foot area;therefore,there is no need for a drainage easement. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. Many similar requests have been reviewed and approved by the City Council for the closure of alleys within the vicinity of the site. In fact,as evidenced by review of the Zoning history,this request mimics a Street Closure application that was approved by the City Council on the adjacent parcel to the east in March 23,2004. The proposed Street Closure is recommended for approval with the following conditions. John E. &Jennifer K.Alex Agenda Item D1 Page 2 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works,and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 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. 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 v,vww.vbgov_comfp on June 6, 2019. John E.&Jennifer K.Alex Agenda Item D1 Page 3 Street Closure Survey NOW OR FORMERLY NOW OR FORMERLY NOW' OR Fsf3JERRY L WILL BRAD E. SCHWARTZ ELJZAIIETH ANNE ORMERLY RLY RY KAINERINE M. WILL REVOCABLE IIMO TRUST ,N, 2017110'0009311260 IN 201401060000151RO I I N 2018 305000180480 I gCINt; BEING BEING 14 LOT 16 i LOT 1$-A �,H LOT p Ji M.B. 24 P, 37 IN. 200404020052495(PLAT) t 'IN 2426 39 8228 GPM!: 2426 39-6388 J GPIN: 2426 39 5393 � _.__ IN- 15' ALLEY S O4'11 15" E 15' ALLEY (M,B, 24 P, 37) `\ ` \\, ` <, (1d H 24 �' 37) —EXISTING �,,,,� R/W LINE very rst To BE VACATED UPON R/W CLOSURE K NOW OR rORMERE Y ' JOHN E. ALEX b NO OR FORM-RI Y DONALD G. REICH n +JENNIFER K ALEX LI NDA SUE DEW o I.N. 2018061200041r /500 .� 0310 I.N. 20181 0899270 j 88. 3739 PN21I34-2035 O 1 LOT 4 8 LOT 3 g LOT 2 ,4- . M.B. 24 P. 37 w • M.B. 24 P. 37 *: MB. 24 P. 37 i*1 GP N: 2426 34 4396 sin w GPIN: 24,T4 39-4340 I GPIN 2426 39-5226 :* Q ,r v pr q ra srs Q7 Z ) z In u ir Prk(I) PIN(t) A (..) N 0414 15 W VANDERBOLT AVENUE (80' R/W) (toRMLRLY PACInC &WNUF') I WEND �l,T'J't p (M B 24 r 37) #! A''Ar FKFiI5I1 SHOWING !NO(CA1E$ PORTIQN' fig 1f '14 PORTION OFCLOSED Y TO .e , e 15' ALLEY \ \ 375 S.E'. 0009 AC. DAVID W. ]AIL ; ADJACENT TO LOT 3 Lk.No.211T4 jt. BLOCK 22 e t2.47-18 CROATAN BEACH tie � ��{ ' M.O 24 P.37 TO BE CLOSED VIRGINIA BFACH,VIRGINIA STE.PiittN I. HOWL k ASSOCIATES, P.C. LAND SURVEYORS ! 01 I SCALE .• ?!i 379 IMAMN SIRE11, I`OH1SMOU1H. 1ARA9.A, 2/404 OAII Mari IT. .All!ND 1e 107 (ml)3t3 6Bor' lit WC AM 9: .:tiRSIM 1117 sheet gsu.rrdm... 1:IJ.IS INI,Ms is John E.&Jennifer K.Alex Agenda Item D1 Page 4 Site Photos s * » .11 ii 7q :� ,e `3, w f ■ bk,' 3 j / f r . _ . , , _ _ i______. _ John E.&Jennifer K.Alex Agenda Item D1 Page 5 4 i, l 1 r { lit _\ \ CD t \__i Ce 0 s = \ �i ti� - �i\ \ A 1 '1, s ) 1 t1tI:: IITI eC�ilt Avenue 1111111W li \y t (1----\i' '' , \ \ \ ` y iy -) 1.---- ti. 'ti `� r. Disclosure Statement " Virginia Beach APPLICANT'S NAMEZohn F. Neg. anvil RieK- 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 Cky Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Changes Exception for (EMI)) Board of Zoning _ Appeals Encroachment Request Rezoning Certificate of Floodpiain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Ray 1 Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement j 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 Cri'M ONLY/All disclosures most be updated two(2)weeks prior to any Page i of 7 Planning Comm)ssion and City Counct meetlno that c.r,'ns to the ao Iicatlon°s;. o--- APPLICANT NOTIFIED OF HEARING DATE; QNO CHANGES ASOF DATE rjiwkla (. chaN \e .1.1_ suaurrTED DATE John E. &Jennifer K.Alex Agenda Item D1 Page 6 Disclosure Statement Virgirna Eaaeb Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. El 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: Iowa £.A Lax , tit. .56Vu+P64 K. A4cz if a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary i 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 nronerty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership, firm, business,or other unincorporated organization, I 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 John E.&Jennifer K.Alex Agenda Item D1 Page 7 Disclosure Statement £kit Virginia Beach If a Corporation,list the names ofall officers,directors,members,trustees, etc. below: (Attach list If necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner:(Attach lift if necessaryi "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 Ad,Va. Code 5 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 (ii) 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 g 2.2-3101, SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in Connection with the subiect of the anmlication 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 John E. &Jennifer K.Alex Agenda Item D1 Page 8 Disclosure Statement APPLICANT YES NO SERVICE PROVIDER Vise additional sheets If needed) 0 a Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser"iiYer than the Applicant)-Identify purchaser and purchaser's service proriderS Any other pending or-proposed 0 © purchaser of the subject property (identify purchasers)and purchaser's service providers) Construction Contractors l Engineers/Surveyors/Agents lt►vP Slit Financing(include current mortgage holders and lenders LA l: selected or being considered to Su��Yusk• provide finandng for acquisition ��-/-�{( or cQastruction of the property) i J Legal Services _f1.i 11dk ,- 1 13 0r , 4 6arcb s Real Estate Brokers/ L P I ® Agents/Realtors for current and anticipated future sales of the sub ect ro er SECTION 4: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YS NO Does an official or employee of the City of Virginia Beach have ,� an interest in-the subject land or any proposed development El 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? i i Page 4 of 7 John E. &Jennifer K.Alex Agenda Item D1 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A nation. Seq. ,rM.a, .Its-11 14 APPU 'NTS SIGNATURE PRINT NAME DATE _.etsC_ -' 1 i iN V ic-Lt L^.A,,E Y / if 7-014 Page 5 of 7 John E. &Jennifer K.Alex Agenda Item D1 Page 10 Disclosure Statement OWNER Vixgiilia Beach YES NO SERVICE PROVIDER useedditionalsheetsif osrlem ❑ K Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser If other than the Aeollcan)-Identify purchaser I and purchaser's service providers Any other pending or proposed 1—I N purchaserof the subject property l �� I(identify purchaser(s)and purchaser's service providers) # R IE Construction Contractors nEngineers/Surveyors/Agents tt;' t:rs-4 t Cc 1 Financing(Include current Ly ❑ mortgage holders and lenders selected or being considered to SufiCTUSIr provide financing for acquisition I or construction of the property) (. r Legal Services t t�lJ L� � �.5_[1�,.11�I1COIn1'6u1_-1.`-CKtta, Real Estate Brokers/ uP ❑ LJ Agents/Realtors for current and u anticipated future sales of the sub ect.;.oierti_ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1, ❑ cano nitnitnegreenstt oin t thhee Ssuubbjectt land lor ic aacno pnr?oposed development i If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 John E. &Jennifer K.Alex Agenda Item D1 Page 11 Disclosure Statement • CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A Iication. io%;N f_.r�4�k,�.�. PROPERTY MEWS SIGNATURE PRINT NAME DATE if t ate. Page 7 of 7 John E. &Jennifer K.Alex Agenda Item D1 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any 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. John E. &Jennifer K.Alex Agenda Item D1 Page 13 Item#D1 John E and Jennifer K Alex Street Closure Adjacent to 536 Vanderbuilt Avenue District- Beach July 10, 2019 RECOMMENDED FOR APPROVAL- CONSENT Ms. Rucinski: All right. Thank you. The next item on the consent agenda is item number D1. And that's an application for John E. & Jennifer K. Alex, applicant for a street closure, adjacent to 536 Vanderbilt Avenue in the Beach District. Sir can you come forward and state your name for the record? Mr. Irwin: My name is Matt Irwin. I am representing the applicants John E. and Jennifer K. Alex, and attorney RJ Nutter who applied for the application, submitted the application. In reference to Mr. Bourdon and the drainage easement as some of y'all know, I'm a retired city planner here for 34 years; I did a number of these applications myself reports. It has been inconsistent over the years concerning these drainage easements in the closed portions of the alleys. It is my understanding now that with sea level rise that type of thing that public works is adamant about retaining a drainage easement over these areas. I just wanted to bring that up. This is my understanding now because I had questioned it myself and spoke with several people within the city and that's the answer I got and the conditions are acceptable. Ms. Rucinski: They are acceptable. Okay, thank you. Is there any opposition to this matter being placed on the consent agenda? Okay, seeing none, the chairman has asked Commissioner Mike Inman to review this for the record. Mr. Inman: This property owner proposes to close a portion of the platted, unnamed and unimproved alley that's adjacent to the rear lot line on this property,which is located 536 Vanderbilt Avenue in Croatan. The applicant is requesting a close half of the 15-foot wide alley, totaling 375 square feet and incorporate into the residential lot. The viewers who are included members of city staff have viewed the property to consider the appropriate as of the closure and decided that it would not result in any public inconvenience. And therefore,the closure of this portion of the right-of-way is deemed acceptable. The Department of Public Works has indicated there are no assets within the 375 square feet. So therefore there is no need for drainage easement. City Council adopted a policy aimed at disposing of undeveloped rights- of-way to adjoining property owners in the Croatan community. Consequently,we put this on the consent agenda. Ms. Rucinski: All right, thank you, Madam Chair that was the last item on the consent agenda. I would like to move to that the approval of consent agenda items number one, four, five, six, seven, eight, nine and D1 be approved. 1 Mr. Redmond:Madam Chair, I would like to state for the record that while I'm going to support this package of consents, I'm specifically abstaining on agenda item number eight. I don't benefit in any way from it, but I assisted the applicant in some way. So I should keep out of it. Mr. Horsley: I second. Ms. Garrido: Vote is open. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D1 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. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office,which easement shall include a right of reasonable ingress and egress. 2 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 3 I I g'\, - Virginia Reach APPLICANT'S NAMES m E. t 1€x, (pod 3:3111>1-cer glex 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 Exce•tion for _ (EDIP) Changes Board of Zoning Encroachment Request Rezoning A. seals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY%All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin.,Commission and City Council meetin.-i that pertains to the ac rlication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: 8-7 -71t. L REVISIONS SUBMITTED DATE: T i- yirginia 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. /� J OHN ANb . c.")Nirea- A-L-I-K (A) List the Applicant's name:___ __—___—_ If an LLC, list all member's names: .0H,,, . til_tX , M.b _. eNro, -4. 1C, Aa.�x 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 3 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 onl,, i 'ro:;erty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa 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 ‘, 11r�;t1lln Beaci, If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list 1 f 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 t 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the a,) lication or any business operating or to be operated on the Properrv. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additionalsheets if l { needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ _ J Land Planner Contract Purchaser(if other than the Annlicant)-identify purchaser and purchaser's service providers Any other pending or proposed `K purchaser of the subject property (identify purchaser(s) and purchaser's service providers) sX Construction Contractors71 Engineers/Surveyors/Agents I r011 .2 )0T\i�,.b,-Y y Pc li t ee s Financing (include current r-7 r—� g lenders v I L selected e orholders being considered to jun�v at\- provide financing for acquisition or construction of the property) Legal Services , Real Estate Brokers / 4LP Tr1 f Agents/Realtors for current and `` `` anticipated future sales of the subject properms SECTION 4. KNOWN INTEREST.BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the intdrest? Page 4 of 7 't= _. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i 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 it.A _. __— _---—_--_ t. J-ter�_ i. .ia �. ct�c,M•'--- ---_ �145'?014 `. i APPLI. .NT'S SIGNATURE PRINT NAME i DATE vai ' �� I J FN v i{.-er 1C., A-L.£.x I 11 s"Iwrq Page 5 of 7 OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) I l Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than F ! the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I�I ' ' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents ' al*, 1S pig--� �=1iilL'1 Financing (include current F71 mortgage holders and lenders selected or being considered to 6UhTYUsir provide financing for acquisition or construction of the property) L J Legal Services '3, Real Estate Brokers / � E 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 w--1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ,- \-irgirria Beach If-CERTIFICATION: ION: 11 i certify that all of the information contained in this Disclosure Statement Form is t 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 E provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this it Application. �1 f' G'`.._--' �- -, SN h j o� �„. c.4k , M•`J. A�/SJ2o19 I r PROPERTY ` .NER'S SIGNATURE PRINT NAME DATE 1 f/",- t r is za/5 °. t` `� _ i :e-ir N r r-- .- k. A -Lc Page 7 of 7 Item#D1 John E and Jennifer K Alex Street Closure Adjacent to 536 Vanderbuilt Avenue District- Beach July 10, 2019 RECOMMENDED FOR APPROVAL- CONSENT Ms. Rucinski: All right. Thank you. The next item on the consent agenda is item number D1. And that's an application for John E. & Jennifer K. Alex, applicant for a street closure, adjacent to 536 Vanderbilt Avenue in the Beach District. Sir can you come forward and state your name for the record? Mr. Irwin: My name is Matt Irwin. I am representing the applicants John E. and Jennifer K. Alex, and attorney RJ Nutter who applied for the application, submitted the application. In reference to Mr. Bourdon and the drainage easement as some of y'all know, I'm a retired city planner here for 34 years; I did a number of these applications myself reports. It has been inconsistent over the years concerning these drainage easements in the closed portions of the alleys. It is my understanding now that with sea level rise that type of thing that public works is adamant about retaining a drainage easement over these areas. I just wanted to bring that up. This is my understanding now because I had questioned it myself and spoke with several people within the city and that's the answer I got and the conditions are acceptable. Ms. Rucinski: They are acceptable. Okay, thank you. Is there any opposition to this matter being placed on the consent agenda? Okay, seeing none, the chairman has asked Commissioner Mike Inman to review this for the record. Mr. Inman: This property owner proposes to close a portion of the platted, unnamed and unimproved alley that's adjacent to the rear lot line on this property,which is located 536 Vanderbilt Avenue in Croatan. The applicant is requesting a close half of the 15-foot wide alley, totaling 375 square feet and incorporate into the residential lot. The viewers who are included members of city staff have viewed the property to consider the appropriate as of the closure and decided that it would not result in any public inconvenience. And therefore,the closure of this portion of the right-of-way is deemed acceptable. The Department of Public Works has indicated there are no assets within the 375 square feet. So therefore there is no need for drainage easement. City Council adopted a policy aimed at disposing of undeveloped rights- of-way to adjoining property owners in the Croatan community. Consequently,we put this on the consent agenda. Ms. Rucinski: All right, thank you, Madam Chair that was the last item on the consent agenda. I would like to move to that the approval of consent agenda items number one, four, five, six, seven, eight, nine and D 1 be approved. 1 Mr. Redmond:Madam Chair, I would like to state for the record that while I'm going to support this package of consents, I'm specifically abstaining on agenda item number eight. I don't benefit in any way from it, but I assisted the applicant in some way. So I should keep out of it. Mr. Horsley: I second. Ms. Garrido: Vote is open. Mr. Fisher: By vote of 9-0, agenda items one, four, five, six, seven, eight, nine and D1 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. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 2 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. 3 nt <fi1- Crsi <(iy: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADD SECTION 223.02 AND AMEND SECTION 501 OF THE CITY ZONING ORDINANCE PERTAINING TO ASSEMBLY USES IN RESIDENTIAL DISTRICTS MEETING DATE: August 20, 2019 • Background: The Zoning Ordinance typically requires properties where events such as weddings, reunions, retirement celebrations, fundraisers, etc. are routinely held require a Conditional Use Permit for an Assembly Use. Assembly Uses are not currently permitted within the residentially zoned districts. Over time, several property owners of residentially-zoned parcels have inquired about seeking permission to hold events on their land only to learn that it is not permitted. As a result, this amendment recommends that Assembly Uses be a conditional use on lots over three acres in size in the R-30 and R-40 Residential Districts. The use would still be prohibited in all other residential zoning districts. An additional requirement is that the property have a building that is either on a National, State or Local historic register. • Considerations: Included in the ordinance amendment are nine requirements in order for a residentially-zoned property to be considered for a Conditional Use Permit for an Assembly Use. These requirements are listed below and are included in the attached ordinance. Generally, the requirements limit assembly use to lots of at least three acres with a single owner, with conditions that address the location of activities and parking, and limit the hours and days of operation. The three acre requirement aligns with the minimum lot size required for agricultural properties to be eligible to request a Conditional Use Permit for an Assembly Use. The amendment also supports the City's desire to support the preservation of historic properties, albeit only an honorary rather than a regulatory designation. Discussion amongst the Planning Commission resulted in a modification to the permitted late hour of operation from a 9:00 p.m. stop time as proposed in the ordinance to now a stop time of 10:00 p.m.This change is indicated by the stricken and underlined text, and it should be noted that the time can change as conditioned by a Conditional Use Permit. With the requirements listed below, Staff determined that there are few residentially-zoned properties that would qualify for consideration for a Conditional Use Permit. Additionally, the proposed requirements are deemed reasonable by Staff, and the Planning Commission Assembly Uses in Residential Zoning Districts Page 2 of 2 concurred, in order to mitigate factors that may negatively impact nearby properties. 1 . The property or properties shall be listed either on either the National, State, or Virginia Beach Historic Register; 2. One owner shall own all parcels being used for the assembly use, except for off-site parking; 3. The site area shall be a minimum of three (3) acres outside of water, marsh, or wetlands; 4. A minimum of fifty (50) percent of the required parking shall be able to be provided on-site; 5. Outdoor assembly areas and parking shall be a minimum of fifty (50) feet from any property line shared with another residentially zoned property; 6. All outdoor assembly use must cease by 9:00 pm 10:00 pm unless otherwise limited or approved through the conditional use permit; 7. All unimproved areas used for parking shall be stabilized within seven (7) days after the conclusion of an event; 8. Any localized flooding that arises from the outdoor assembly and/or unimproved parking areas shall be corrected at the owner/operator's expense; and 9. Assembly uses shall only be held on the property on Fridays, Saturdays, Sundays, or Nationally recognized holidays. • Recommendations: City Staff recommends approval 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 Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• 4k. . ' •ency: Planning Department J City Manager. �Ij - 1 AN ORDINANCE TO ADD SECTION 223.02 2 AND AMEND SECTION 501 OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 ASSEMBLY USES IN RESIDENTIAL ZONING 5 DISTRICTS 6 7 Section Added: § 223.02 of the City Zoning 8 Ordinance 9 Section Amended: § 501 of the City Zoning 10 Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Section 223.02 is added and Section 501 of the City Zoning Ordinance is 19 hereby amended and reordained to read as follows: 20 21 Sec. 223.02. — Assembly Uses. 22 23 In addition to the general requirements, Assembly Uses located within 24 Residential Zoning districts shall be subject to the following provisions: 25 26 The property or properties shall be listed either on the National, State, or 27 Virginia Beach Historical Register; 28 29 One owner shall own all parcels being used for the assembly use, except for 30 off-site parking; 31 32 The site area shall be a minimum of three (3) acres outside of water, marsh or 33 wetlands; 34 35 A minimum of 50% of the required parking shall be able to be provided for on- 36 site. 37 38 Outdoor assembly areas and parking shall be a minimum of 50 feet from any 39 property line shared with another residentially zoned property; 40 41 Lfj All outdoor assembly uses must cease by 10:00 pm unless otherwise limited 42 or approved through the conditional use permit; 43 44 (q) All unimproved areas used for parking shall be stabilized within seven (7) 45 days after the conclusion of an event; 46 1 47 it)Any localized flood that arises from the outdoor assembly and unimproved 48 parking areas shall be corrected at the owner/operator's expense; and 49 50 Outdoor assembly uses shall only be held on the property on Fridays, 51 Saturdays, Sundays, or national holidays. 52 53 . . . . 54 55 Sec. 501. - Use regulations. 56 57 (a) Principal and conditional uses. The following chart lists those uses permitted 58 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 59 respective residential districts shall be permitted as either principal uses indicated by a 60 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 61 shall be prohibited in the respective districts. No uses or structures other than as 62 specified shall be permitted. 63 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Agricultural and horticultural uses except for the keeping of poultry, livestock, fish P P P P P P PPP P ponds and fish hatcheries Assembly use meeting the requirements of section 223.02 CCX X X X X X X X Borrow pit CCCCCC C CC C . . . . � I 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APP VED AS TIO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D partmbnt City Attor 's Office CA14763 R-4/August 8, 2019 2 Applicant City of Virginia Beach Agenda Item Public Hearing July 10, 2019 Assembly Use in Residential Zoning NBCity Virginia Beach Request An Ordinance to add Section 223.02 and amend Section 501 of the City Zoning Ordinance pertaining to assembly uses in residential zoning districts. Summary of Request This ordinance is in response to an inquiry from a citizen and moved forward with the consent from the Planning Commission at their May meeting. This ordinance would make assembly use a conditional use in the R-30 and R-40 residential zoning districts. The use would still be prohibited in all other residential zoning districts. Included in the ordinance are nine requirements, in addition to being zoned R-30 or R-40,that a property must adhere to in order to operate an assembly use.The nine conditions are listed below: 1. The property or properties shall be listed either on the National, State, or Virginia Beach Historic Register; 2. One owner shall own all parcels being used for the assembly use, except for off-site parking; 3. The site area shall be a minimum of three (3) acres outside of water, marsh, or wetlands; 4. A minimum of fifty (50) percent of the required parking shall be able to be provided on-site; 5. Outdoor assembly areas and parking shall be a minimum of fifty (50) feet from any property line shared with another residentially zoned property; 6. All outdoor assembly use must cease by 9:00 pm unless otherwise limited or approved through the conditional use permit; 7. All unimproved areas used for parking shall be stabilized within seven (7) days after the conclusion of an event; 8. Any localized flooding that arises from the outdoor assembly and/or unimproved parking areas shall be corrected at the owner/operator's expense; and 9. Outdoor assembly uses shall only be held on the property on Fridays, Saturdays, Sundays, or national holidays. Recommendation Staff recommends approval of this ordinance. With the requirements listed above, there are few properties that would be able to have an assembly use on a residentially zoned property. Additionally, the requirements will mitigate factors that may negatively impact other properties in the vicinity. Staff is also supportive of any opportunity to add a property on to the Virginia Beach Historic Registry, which this ordinance requires for the assembly use. City of Virginia Beach Agenda Item 11 Page 1 Ordinance 1 AN ORDINANCE TO ADD SECTION 223.02 2 AND AMEND SECTION 501 OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 ASSEMBLY USES IN RESIDENTIAL ZONING 5 DISTRICTS 6 7 Section Added: § 223.02 of the City Zoning 8 Ordinance 9 Section Amended: § 501 of the City Zoning 10 Ordinance 11 12 WHEREAS,the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH,VIRGINIA: 17 18 That Section 223.02 is added and Section 501 of the City Zoning Ordinance is 19 hereby amended and reordained to read as follows: 20 21 Sec. 223.02.—Assembly Uses. 22 23 In addition to the general requirements, Assembly Uses located within 24 Residential Zoning districts shall be subject to the following provisions: 25 26 The property or properties shall be listed either on the National, State, or 27 Virginia Beach Historical Register; 28 29 fill One owner shall own all parcels being used for the assembly use, except for 30 off-site parking; 31 32 The site area shall be a minimum of three (3)acres outside of water, marsh or 33 wetlands: 34 35 Lcil A minimum of 50%of the required parking shall be able to be provided for on- 36 sib 37 38 19_1 Outdoor assembly areas and parking shall be a minimum of 50 feet from any 39 property line shared with another residentially zoned property: 40 41 if All outdoor assembly uses must cease by 9:00 pm unless otherwise limited or 42 approved throuqh the conditional use permit; 43 44 1.91 All unimproved areas used for parking shall be stabilized within seven (7) 45 days after the conclusion of an event: 46 City of Virginia Beach Agenda Item 11 Page 2 Ordinance 47 Any localized flood that arises from the outdoor assembly and unimproved 48 parking areas shall be corrected at the owner/operator's expense:and 49 50 u Outdoor assembly uses shall only be held on the property on Fridays, 51 Saturdays, Sundays, or national holidays. 52 53 54 55 Sec. 501. -Use regulations. 56 57 (a) Principal and conditional uses. The following chart lists those uses permitted 58 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 59 respective residential districts shall be permitted as either principal uses indicated by a 60 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 61 shall be prohibited in the respective districts. No uses or structures other than as 62 specified shall be permitted. 63 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Agricultural and horticultural uses except for the keeping of poultry, livestock,fish P PPP P P P P P P ponds and fish hatcheries Assembly use meetinq the requirements of section 223.02 C C X X X X X X X Borrow pit CCCCC C C C C C 64 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: Planning Department City Attorney's Office CA14763 R-3/June 19, 2019 2 City of Virginia Beach Agenda Item 11 Page 3 Item #11 City of Virginia Beach Zoning Ordinance Pertaining to Assembly Use in Residential Zoning Districts July 10,2019 RECOMMENDED FOR APPROVAL Mr. Fisher: Our next order of business is item number 11. This is a City of Virginia Beach an ordinance to add section 223.02 and amend section 501 of the City Zoning Ordinance pertaining to assembly uses in residential zoning districts. Ms. Oliver: Mr. Kemp. Mr. Kemp: Commissioner Oliver, for the record Kevin Kemp zoning administrator for Virginia Beach. This proposed amendment is to allow assembly uses in certain residential zoning districts, it was brought forward, the idea was by an applicant Planning Commission was briefed in May and decided gave staff direction to move forward, staff looked at this and said,you know there are certain residential properties where this is a viable and compatible use. We did list nine restrictions on it. The big ones are that the minimum site area be three acres. We mentioned in the amendment that is restricted to the R30 and R40 districts which minimum lot sizes are smaller than three acres. But we feel that three acres is an adequate size where this kind of assembly use where you're having weddings and parties on a consistent basis wouldn't negatively impact the adjacent properties. And another big limiting factor is that the property must be or the structure on the property must be listed on the national state or Virginia Beach historic registry. So, you know, this is where the staff was looking for the win-win,because, you know,this would provide allowing assemblies and residential,would provide a revenue stream for the property owners to keep the house in good shape,to keep the property,you know,and maintain these historic properties, which, you know, let's face it, you know, at certain point, they get more expensive to renovate than to just tear down and redevelop. So by getting on that registry, providing that revenue encourages the use and continued use of these historic properties,just to go through real quickly, the other conditions, the owners, if they're using more than one parcel, they must own all the parcels, you know, two or three neighbors can't combine to one application. I mentioned site area three acres, a minimum of 50% of the parking must be able to be held on site. And that language be able is because off street parking particularly in residential areas, is an encouraged method to handle events, if you can, you know shuttle people in that will minimize the vehicular traffic through neighborhoods. The outdoor assemble use must end by 9 pm. Now,that is the event ending by nine that does not include the cleanup and, you know, removal of all the materials and that sort of thing. Unapproved areas for parking must be stabilized within seven days of event and flooding, any flooding caused by this use must be corrected at the owner's expense. And that's really; it's also other places in our city code, but you know,if this event and the traffic and the parking alters the site such that,you know, it starts to flood the neighboring properties, this is an extra layer of protection that the property owners are responsible to take corrective measures to secure the other 1 properties. And lastly, let the outdoor assembly uses are limited to Friday, Saturday, Sundays and national holidays. The keyword here is outdoor. This limitation is for outdoor only, there is no limitation proposed for events that are within the structure. That stuff you know, of course, recommended approval, and I'll stand by for any questions. Ms. Oliver: Okay. Anybody have any questions for Mr. Kemp? Yes, Ron. Mr. Ripley: We had a lot of discussion about this in the informal session. And a couple of things I think get out on the record, if you don't mind. Can you explain or explain why you selected the R30 and R40 Zoning Districts and no others? Mr. Kemp: We selected that as our director stated in the informal, we started with a smaller, you know, group of properties. Now the R30 and R40 they're typically larger lots, you know, minimum 30,000 square feet for the R30 and 40,000 for the R40. We started small, you know, with just those districts rather than open it up to all districts. We also consider it as Ms. Wilson said that in the denser the smaller lots, the R5 and R10, you know, the amount of properties around that may be impacted are greater and it's also, you know, with the historic requirement and the size requirement of three acres, you know, it is a relatively speaking, I mean with a number of properties in Virginia Beach, it's a relatively small number that would be eligible for this. Mr. Ripley: You didn't provide us a list of those properties, but choose the total approximate number you think this might that certain properties might qualify for the use of this zoning provision, how many do you think,based on what you have here,this could possibly qualify for? Mr. Kemp: Well, the study and I apologize that I don't have that that's lost in my office in Building 2 at the moment, but what I did is I went through a list of houses that are on the historic, Virginia Beach Historic Register. And I looked at those and said, how many are above, you know,three acres? How many are in the R30 R40 and it was between five and eight homes properties. Now, there were other properties, you know, zoned R20 or R10 and off the top of my head, I don't know if the size requirement for those was met, I believe the thorough good house might be zoned lower than R30. I'm not sure, but it was a small. Now there was Marguerite, I believe briefed you some time ago,there was a study done citywide on the historical nature of Virginia Beach, and they have recommendations, you know, for each neighborhood of which houses,you know,are recommended to be on this list. And you know, so that number five to eight is just the ones we have on the registry just to get an idea. There may be, you know, many more structures out there like Mr. Barnes own that even though he's agricultural, that could meet that criteria. Mr. Ripley: And for the record,we discussed the possibility of looking at the R20 and we talked about that, or as an example, the point being fair to other people that this might qualify for, it's not fair to include a myth, if it's appropriately located property that beats these criteria and as I understand it, you're going to study that and bring that back to the commission in September? 2 Mr. Tajan: Yes, Mr. Ripley, give us some time to pull the research together, will provide that additional analysis at your direction and at the September informal meeting. Mr. Ripley: Thank you. Thank you. Mr. Kemp: Thank you Mr. Ripley. Ms. Oliver: Any other questions for Mr. Kemp? Yes. Mr. Redmond:I also would like to just put a couple of points on the record here, because I think they're worth keeping on there. I am not comfortable; I'm not going to oppose this ordinance. Nonetheless, I tend to be uncomfortable with is 9 pm restriction, as I said, you know, if you're having a wedding, your happiest day of your life, nobody wants to get told, turn off the music get out. It's 9 pm and I just think that's kind of too tough on people. So I have a feeling that's probably meaningless, because nobody's going to go and pull the plug on folks who were you know, who were dancing at a wedding reception,unless I think we ought to be more sensitive about that. And I agree very frankly, with Ron, I don't think there's three acres is three acres, as we suggested. And I think this is perhaps needlessly restrictive in terms of those two,those two zoning designations, and agree that we ought to look at that and precisely because I think we have to treat everyone fairly, I think that's what our principal responsibility is here is to treat everyone fairly, whether you're the, you know, the biggest brownies developer, the littlest of a little guy ought to get a fair shake. And we ought not enfranchise some property owners with a revenue producing activity and tell other ones whose properties are substantially similar, if not entirely similar. You can't, this is still a conditional use permit process, you still have to get your use permit. So if you have three acres or more, and you're in R20, the placement of where you're going to have this activity is still going to be the subject of a great deal of scrutiny. So all of the parking requirements,the noise requirements, the all of that is still going to be very carefully considered so. But I think more than just folks in R30 or R40, ought to be able to avail themselves of the opportunity to make that case that they get their conditional use permit. So again, I'm not going to stand in the way of it, but I made a point this morning, I'll make it again, I think we need to really be sensitive to that and when someone comes up again, and has this, that we need to revisit this ordinance and not just blow them off, because I've seen that before too. So anyway, I've said my piece and don't take more time. Thank you. Thank you. Ms. Oliver: Anybody else have any comments? Yes Don. Mr. Horsley: I've kind of echo that I guess I stirred the pot when I mentioned this 30 and 40 informal session this morning. If I need to apologize for it, I'm not. But anyway, and I kind of agree with Mr. Redmond on the 9 pm, you know, I've been involved in some outside weddings a few times and, you know, 10 o'clock is really a better time and I would love to see that 9 change to 10 pm is what I would love to see. And with the planning director sitting on studied this thing about seeing if some R20 properties may be possible to put in this and we can amend this thing later on, in the not too distant future if the request comes for us. So really, I think we could 3 change that 9 to 10. And I'd be happy to approve this as it is today. And then we move forward and wait for September report. Do you have a problem with the 10? Mr. Kemp: No, staff would not have an issue if that is what the commission wishes to do. Ms. Oliver: So I've got along with the 10. Mr. Inman: I prefer none, but 10 is better than 9 in my view. Ms. Oliver: So all right, Mr. Inman. Mr. Inman: Well, I'll just point out it, condition number six says unless varied in the use permit. Ms. Oliver: Oh, there you go. Mr. Inman: And consider the circumstances and I'll go along with the 10 pm, but it could be varied either way. Mr. Tajan: That was the intent. But we understand that if the commission's direction is to change that to 10 pm, we can make that and this is a text amendment, initiated by the Commission, we can change that. Absolutely and the time set, that's the standard, the general in which everything is. Mr. Horsley: And that's the point I'm getting at, I mean, it gives the participants a little bit more latitude if you move this to 10 where was it say, well, we got to stop at 9 and use permit when you get to use permit, you can you know, they say we don't want to use 9, we want to use 10 or whatever, you know, anyway, that's just my thinking. I think it would be simpler and less problems if you moved it to 10. Ms. Oliver: Okay. All right. Is that everybody, okay, yes sir. Mr. Redmond:I would ask Mr. Horsley if he wants to make a motion. Mr. Horsley: So moved. Mr. Redmond:Second. Mr. Tajan: Noting that the motions will include the alteration to condition number,requirement number six the ordinance to change it to 10 pm unless it changes through the conditional use permit process. Ms. Oliver: All right. Ms. Garrido: Vote is open. Mr. Fisher: By vote of 9-0, item number 11 has been approved. 4 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 5 411. CD A /-69.v, \1L7 ,. .,,, ....\ .‘,,,\„:,:,„,e, \IN , ::: vcr y`le.k • ...> Q I01 M r')CO ..lip-- • CsNi \to.k‘ • _ o 4oii,,,....c) 0 71, + 1;.:. 1 10 `�`. Q :I 0 41i"" '4-.,,,y. j A. Illikp 1 \\4111111- ik' *.' Illk ' '.t.. ' -:''' ' c( \\'',\-\-c--:"<„.-..:•, :-...:;\'.. 1---), N , _ .,„. ,.„.,_____.,, , 4 .41 CS tO if OM ,.' u_ \ Shik In - '-h, ::--, .7,? \ k s irk '.._........ \i,.,--,, :Th -,r,c5-,::14.4\,_, 1/4,, .c'"--- \\::\C\L 46,,,,,, ,,, , .,,,. CI 1.0 1.0 140%%141VII, o.,11* e I 1„ ii0a,„:,- , t 70 • )4\ 0 ---,,,0.!•:' - t--; -----(\_,,'c',i-' i i 7." _,‘ if* i s ..0..9-‘ -‘447- .-.::::17: .1 '.,,, k....',, V ' 71_ i E3 t---- C1)::1->41) ..\\,.,. „. - :., . Cli co Ai s _ i 1II SYKES, DO , IU AHERN & Wry, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL L. STEVEN EMMERT TELEPHONE: 757-499-8971 MOLLY R. KISER FACSIMILE: 757-456-5445 KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. August 14, 2019 DAVID M. ZOBEL *Admitted in Virginia and Washington DC Via Hand Delivery&Email The Honorable Mayor Robert Dyer Vice Mayor James Wood Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Application of Draybun Sajo, LLC for Conditional Use Permit for Assembly Use for Receptions and Events at the Guest House at Sajo Manor; 5592 Sajo Farm Road,Virginia Beach,Virginia; GPIN: 1469-2o-9187-000o Dear Mayor Dyer: On behalf of the applicants on this request which is presently scheduled for Council consideration on Tuesday,August 20, 2019, I am requesting that this matter be deferred indefinitely in order to address and clarify a number of issues and concerns of the applicants and others. After we've had an opportunity to clarify and address these issues, we will reschedule this matter on Council's agenda and so notify the adjoining Sajo Farm Community Association. If you or any members of Council have any questions or concerns regarding this request for deferral do not hesitate to contact me. S B SYICES, POURDON, A L AHERN&LEVY,P.C. The Honorable Mayor Robert Dyer Vice Mayor James Wood Members of City Council August 14,2019 Page 2 With kind regards, I am Very truly yours, . w r our o , r. REBjr/arhm cc: Councilwoman Jessica Abbott Councilman Michael Berlucchi Councilwoman Barbara Henley Councilman Louis Jones Councilman John Moss Councilman Aaron Rouse Councilman Guy Tower Councilwoman Rosemary Wilson Councilwoman Sabrina Wooten B.Kay Wilson,Deputy City Attorney Robert"Bobby"Tajan,Director of Department of Planning Hoa Dao,Department of Planning Ray&Derinda Bunch,Draybun Sajo Farm,LLC H:\AM\Conditional Use Permit Draybun Sajo\Dyer_Ltr 8-14-2019.docx n. :` 1i (em .--jo .i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DRAYBUN SAJO, LLC [Applicant& Property Owner] Conditional Use Permit (Assembly Use) for the property located at 5592 Sajo Farm Road (GPIN 1469209187). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: August 20, 2019 • Background: The applicant requests a Conditional Use Permit to allow for an Assembly Use on the Sajo Manor Guest House property, located within the R-40 Residential District. Both indoor and outdoor events are proposed to be held on the 8.10-acre site to accommodate up to a maximum of 150 attendees per event. Access to the site is via a gravel driveway (Sajo Farm Road) from Shell Road. The applicant proposes to shuttle attendees from a nearby church parking lot to the site when the number of vehicles per event exceeds 30. Indoor events will not be limited to the hours of operation or the number of events held per year, while outdoor events will be limited to no more than 40 per year and only on Fridays, Saturdays, Sundays, or national holidays. The applicant has indicated their intent to pursue registration on the Virginia Beach Historic Register. • Considerations: In Staff's opinion and with the concurrence of the Planning Commission, the proposal will offer a unique opportunity for Virginia Beach residents and their guests to experience this historic property. The request is deemed acceptable in part due to the large size of the heavily wooded property and the substantial distance to the nearest residence. This reasoning is coupled with the 24 recommended conditions that are designed to address potential concerns. In terms of lighting, it is important to note that besides the applicant's residence, the nearest dwelling is approximately 580 feet from the proposed venue area. This distance, particularly on a wooded lot, reduces the potential for light spillover. Condition 17 prohibits any activity, including lights for parking areas, etc., from being within 150 feet of any property line. Furthermore, Condition 19 requires all lighting be shielded and contained on the property. To mitigate for noise impact, the applicant proposes to cease all music (provided by a DJ or live acoustical music) by 9:00 p.m. (Condition 15), and to limit the number of outdoor events to no more than 40 per year (Condition 7). Draybun Sajo, LLC Page 2 of 5 Regarding the need for a traffic signal at the intersection of Sajo Farm Road and Shell Road, the City Traffic Engineer finds that a traffic signal would not be warranted at the intersection, particularly considering recommended Condition 8 that states "No more than thirty(30) vehicles shall be parked on the site at any one time." This number would apply to not only guests' vehicles, but also those of the event hosts, entertainers, and catering staff. In addition, Shell Road is a minor collector roadway with limited volumes that will not support a traffic signal. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received six letters of opposition and 14 letters of support, as well as a petition of support with 63 signatures, all of which were provided to the Planning Commission prior to the public hearing and are also attached below. At the public hearing on July 10th, there was one speaker in support and six speakers in opposition, who voiced concerns related to compatibility and quality of life issues. The opposition noted the potential negative impact of increased noise and traffic, the possibility of a decrease in property values, and concern regarding emergency vehicle access. A graphic depicting the location of those property owners in support and opposition is attached. Based on input from property owners at the hearing, the Planning Commission modified Conditions 13 and 15 regarding outdoor events and music, as well as added Condition 24, which will require the applicant to pave a portion of the gravel driveway that connects to Sajo Farm Road to reduce the noise associated with traffic. These changes are identified below with striked out and underlined text. ■ Recommendations: City Staff recommends approval of the application. The Planning Commission passed a motion to recommend approval by a vote of 9-0. 1. This Conditional Use Permit is only valid when in common ownership with the adjacent parcel containing the Sajo Farm Manor House. 2. This Conditional Use Permit shall not be valid unless the subject property is listed on the Federal, State, or Virginia Beach Historic Registry. 3. The applicant offers, and the City accepts that this Conditional Use Permit shall not be valid unless the Sajo Farm Manor House property is listed on the Federal, State, or Virginia Beach Historic Registry. 4. The number of attendees shall not exceed sixty (60) for an indoor event and one hundred and fifty (150) for an outdoor event. 5. All outdoor events shall be permitted only on Fridays, Saturdays, Sundays, and national holidays. 6. All activities associated with the proposed use shall cease by 9:00 pm, except, clearing after events shall be permitted until 10:00 pm. Draybun Sajo, LLC Page 3 of 5 7. Outdoor events shall be limited to no more than forty(40) per the calendar year and no more than one (1) event shall be held on the same day. 8. No more than thirty (30) vehicles shall be parked on the site at any one time. In addition, on-site parking shall be within the designated area show on page 9 of this Staff Report. Said, plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 9. Should there be more than thirty (30) vehicles per event, then all attendees shall park their vehicles off-site at the designated location(s) as specified in the parking agreement and be shuttled to the event venue. 10.Prior to the commencement of the proposed assembly use, the applicant shall submit a parking plan and agreement to the Virginia Beach Planning Department that demonstrates the applicant's ability to use the off-site church parking lot as described in the application. Such agreement shall be subject to the review and approval of the Director of Planning or designee. 11.Except for ADA parking, alternative parking surfaces (front lawn area) may be permitted for on-site parking. ADA parking shall be provided in accordance with the ADA criteria. 12.The applicant/owner shall install and maintain a City standard commercial entrance at the intersection of Shell Road and Sajo Farm Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 13. than two (2) outdoor eyentSshiall T ld d he same calendarweeL and not more than five (5) e weeks during this time period shall multiple outdoor events be held on the property. Between November through March, no more than one (1) outdoor event be hold per calendar week. No more than one (1) outdoor event shall be held per calendar week between the months of November through March. No more than two (2)outdoor events shall be permitted during the same calendar week between the months of April through October. In addition, multiple outdoor events shall not be permitted for more than a total of five (5) weeks per calendar year. 14.No more than two (2) food trucks for catered events may be located on the site at any one time. Food trucks shall only be permitted on the site in conjunction with an event. 15.There shall be no amplified music for all events, except music provided by a DJ and live acoustical music shall be permitted. The use of speakers or monitors shall be permitted prohibited between the hours of 9:00 pm and 12:00 pm (noon), or for more than three (3) hours in any one day. Draybun Sajo, LLC Page 4 of 5 16.The use of generators for the provision of food, music, and lighting shall be prohibited. 17.No activity associated with an event, with the exception of access to and from the event, shall be permitted within one hundred and fifty (150) feet of any adjacent residential property line. 18.All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 19.All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 20.Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 21 .Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 22.Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 23.This use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 24.The applicant shall pave Salo Farm Road for a minimum of 450 continuous feet starting from the intersection of Shell Road and Saio Farm Road toward the Sajo Manor House. • Attachments: Staff Report and Disclosure Statements Location Map Support/Opposition Exhibit Support/Opposition Letters Petition of Support Minutes of Planning Commission Hearing Draybun Sajo, LLC Page 5 of 5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 111 Submitting De• •rtm- I . •ency: Planning Department7(� City Manager. L Applicant and Owner Draybun Sajo, LLC Agenda Item Public Hearing July 10, 2019 City Council Election District Kempsville 12 City of Virginia Beach Request Conditional Use Permit (Assembly Use) ge 4,00 "°ea Staff Recommendation 8 V d� Approval v,.<6c�t� Pa^do nAye°ue 4 Staff Planner Kevin Kemp, Hoa N. Dao Vs.rxaA Location a«� "` P 5592 Sajo Farm Road eon+""' •• j • 1469-20-9187 .. V...1%k„ 457 �� n°'""° Site Size �e , . v 8.10 acres `'�: �,�`°a se x i, �s a AICUZ ^s a Less than 65 dB DNL \ Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-40 Residential s ; Surrounding Land Uses and Zoning Districts -r r`; " North iv 4Lake Lawson S ,io F.,,.,I Rc.:-1 A South Single-family dwellings/ R-40 Residential `; East Sajo Farm Manor House : • r+ `l 4 .E ' Single-family dwellings/ R-40 Residential �_ �gx West 1 '` Single-family dwellings/ R-40 Residential , ' ' '"•-•-N,1 -__ —4p,. . ,. .„,:ttk , � Y . ---, % :-. - - -_.,',,,,- . ' ',) 00 -- ,_,,iik.,..., , , , ,, „,..c,, „ , ;„, ,,, ,, :: . .., rit..„.zipr.: , k- 4- '1 N ikit. a ' Draybun Sajo, LLC Agenda Item 12 Page 1 Background and Summary of Proposal • The Sajo Farm Manor House was constructed in 1939 by Sam Jones, the owner of Berkley Machine & Foundry Company in Norfolk.The Manor House was originally part of a 300-acre farm,a majority of which has been developed. The 13,921 square feet colonial revival style Manor House is situated on a 4.45-acre parcel, adjacent to the proposed site. • The applicant owns 12.55 acres, including the Manor House (4.45 acres-which is not included in this application) and the Guest House (8.10 acres).The Manor House serves as the applicant's primary residence, and the request is limited to the Guest House property. • An ordinance has been drafted for consideration by the Planning Commission on the July agenda that would conditionally permit assembly uses, such as weddings and other large gatherings, on properties located in the R-40 and R-30 Residential Districts. This ordinance identifies nine (9) requirements that must be met, which are listed below. 1. The property or properties shall be listed either on the National, State, or Virginia Beach Historic Register; 2. One owner shall own all parcels being used for the assembly use, except for off-site parking; 3. The site area shall be a minimum of three (3) acres outside of water, marsh, or wetlands; 4. A minimum of fifty (50) percent of the required parking shall be able to be provided on-site; 5. Outdoor assembly areas and parking shall be a minimum of fifty (50) feet from any property line shared with another residentially zoned property; 6. All outdoor assembly use must cease by 9:00 pm unless otherwise limited or approved through the Conditional Use Permit; 7. All unimproved areas used for parking shall be stabilized within seven (7)days after the conclusion of an event; 8. Any localized flooding that arises from the outdoor assembly and/or unimproved parking areas shall be corrected at the owner/operator's expense; and 9. Outdoor assembly uses shall only be held on the property on Fridays,Saturdays,Sundays,or national holidays. • Subject to the approval of the Zoning Ordinance amendment described above, the applicant requests a Conditional Use Permit for an Assembly Use in order to operate an event venue on the Sajo Farm Guest House property. The subject property is zoned R-40 Residential District and is developed with a 3,472 square foot single-family dwelling (the "Guest House"). • Details of the desired operation of the event venue are listed below: o Events will be held both indoors and outdoors. • Outdoor events will be limited to no more than 40 events per calendar year and shall not have more than 150 attendees per event. • Indoor events will not limited to the number of events per calendar year, but will not have more than 60 attendees per event. o Outdoor events will only be held on Friday, Saturday, Sunday, and/or national holidays. o Outdoor events will cease by 9:00 pm. o Access to the site is via a long shared gravel drive off of Shell Road. Draybun Sajo, LLC Agenda Item 12 Page 2 • The driveway is shared by the applicant and a single-family residence, which is on a separate parcel located west of the Guest House. o On-site and off-site parking are proposed. • The applicant has requested that alternative parking surfaces (front lawn area) be allowed for on-site parking. • No more than 30 vehicles will be parked on the site at any one time. • On-site parking is not permitted outside of the designated parking area, as shown on page 9 of this report. • Off-site parking is available at a nearby church(Unity Church of Tidewater—half a mile from the Guest House) and attendees will be shuttled to the venue. • For events with more than 30 vehicles, all vehicles, except catering vehicles, will be parked off-site at the church parking lot. • The applicant will collaborate with the church prior to any event to ensure adequate parking will be available and that there will not be a conflict between the church activities and the proposed event venue. o Events may have food trucks, but will be limited to no more than two food trucks at any single event. o Amplified music will be prohibited at all events. • Based on the requirements of the proposed ordinance, the applicant will be required to record the Guest House property on a historic registry. The applicant has indicated the desire to pursue a nomination to the Virginia Beach Historic Registry. 1 -1 . 06 R="D- ip j � f Zoning History S CO° _ / ••� # Request q y-_.0...i,� 1 LUP(Sajo Farm)Approved January 1, 1983 / 2 CUP(Truck Rentals)Approved May22, 2012 Q R4b .� pp 0 ?3iiii ° R"4° CUP(Religious Use)Approved June 14, 2005 ��`' R-40 Q Pc--? CUP(Gas Service Station) Denied December 16, 1997 0i 1 C of f . Application Types CUP—Conditional Use Permit REZ—Rezoning MOD—Modification of Conditions or Proffers FVR—Floodplain Variance CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan STC—Street Closure SVR—Subdivision Variance Draybun Sajo, LLC Agenda Item 12 Page 3 Evaluation and Recommendation The subject property is unique in its size, location, and historical significance. A majority of the land encompassed by the original Sajo Farm has been developed as single-family residential. Fortunately, this large parcel has not been developed in a similar manner,even though the current R-40 zoning would have have permitted further subdivision of the farm.The 8.10-acre Guest House property has ample room to accommodate both indoor and outdoor events. The site is accessed via Shell Road, via a long and narrow gravel drive. Besides the applicant, only one additional residence shares this ingress/egress from the right-of-way. To minimize traffic impacts to the neighboring properties, the applicant proposes to limit the on-site parking to no more than 30 vehicles. For events with more than 30 vehicles,all vehicles,except catering vehicles,will be parked at a nearby church (Unity Church of Tidewater) and attendees will be shuttled to the venue. Prior to each event, the applicant will coordinate with the church to ensure adequate parking are available for both the assembly use and the church services. The property is heavily wooded such that the proposed activities will not be visible to the adjacent residential properties. The nearest residential dwelling measured from the Guest House structure is the applicant's residence (approximately 460 feet away) and the residence that shares the access driveway (approximately 580 feet away). To minimize noise impact to the neighboring properties,amplified music will be prohibited at events and all events will be concluded by 9:00 pm. Food for the events will either be catered or be provided by no more than two food trucks.Any food trucks,tents, or structures brought to the site for an event will be removed following the completion of the event, which will be n o later than 10:00 pm. Furthermore, the use of generators will not be permitted for any event, in order to minimize noise that would otherwise arise from a generator. The applicant agrees to limit the number of outdoor events to no more than 40 per year with a maximum of 150 attendees per event. In addition, no more than one event will be held in a single day. While the number of indoor events is not limited,the number of attendees is limited to no more than 60 per event. Factoring in the nine requirements set forth in the proposed ordinance that will allow assembly uses in certain residential districts, as well as the conditions recommended by Staff and agreed to by the applicant that are described above and noted below,it is Staffs opinion that this site is appropriate for this specific assembly use. The property will offer a unique opportunity for Virginia Beach residents and their guests to experience this unique historic property. Therefore, Staff recommends the proposal be approved with the conditions listed below. Recommended Conditions The following conditions are recommended by the Planning Commision at the July 10, 2019 Public Meeting. 1. This Conditional Use Permit is only valid when in common ownership with the adjacent parcel containing the Sajo Farm Manor House. 2. This Conditional Use Permit shall not be valid unless the subject property is listed on the Federal, State, or Virginia Beach Historic Registry. 3. The applicant offers and the City accepts that this Conditional Use Permit shall not be valid unless the Sajo Farm Manor House property is listed on the Federal,State, or Virginia Beach Historic Registry. 4. The number of attendees shall not exceed sixty(60)for an indoor event and one hundred and fifty(150)for an outdoor event. 5. All outdoor events shall be permitted only on Fridays,Saturdays, Sundays, and national holidays. Draybun Sajo, LLC Agenda Item 12 Page 4 6. All activities associated with the proposed use shall cease by 9:00 pm, except, clearing after events shall be permitted until 10:00 pm. 7. Outdoor events shall be limited to no more than forty(40) per the calendar year and no more than one (1) event shall be held on the same day. 8. No more than thirty (30) vehicles shall be parked on the site at any one time. In addition, on-site parking shall be within the designated area show on page 9 of this Staff Report. Said, plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 9. Should there be more than thirty (30) vehicles per event, then all attendees shall park their vehicles off-site at the designated location(s) as specified in the parking agreement and be shuttled to the event venue. 10. Prior to the commencement of the proposed assembly use, the applicant shall submit a parking plan and agreement to the Virginia Beach Planning Department that demonstrates the applicant's ability to use the off-site church parking lot as described in the application. Such agreement shall be subject to the review and approval of the Director of Planning or designee. 11. Except for ADA parking, alternative parking surfaces (front lawn area) may be permitted for on-site parking. ADA parking shall be provided in accordance with the ADA criteria. 12. The applicant/owner shall install and maintain a City standard commercial entrance at the intersection of Shell Road and Sajo Farm Road.Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 13. Between the months of April through October, no more than two (2) outdoor events shall be held during the same property. Between November through March, no more than one (1)outdoor event shall be held per calendar week. No more than one (1) outdoor event shall be held per calendar week between the months of November through March. No more than two (2)outdoor events shall be permitted during the same calendar week between the months of April through October. In addition, multiple outdoor events shall not be permitted for more than a total of five (5) weeks per calendar year. 14. No more than two(2)food trucks for catered events may be located on the site at any one time. Food trucks shall only be permitted on the site in conjunction with an event. 15. There shall be no amplified music for all events, except music provided by a DJ and live acoustical music shall be permitted.The use of speakers or monitor shall be permitted prohibited between the hours of 9:00 pm and 12:00 pm (noon), or for more than three (3) hours in any one day. 16. The use of generators for the provision of food, music, and lighting shall be prohibited. 17. No activity associated with an event, with the exception of access to and from the event, shall be permitted within one hundred and fifty (150) feet of any adjacent residential property line. 18. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 19. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 20. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. Draybun Sajo, LLC Agenda Item 12 Page 5 21. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 22. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 23. This use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein,shall not cause public inconvenience,annoyance,disturbance,or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic,or overflow parking. 24. The applicant shall pave Salo Farm Road for a minimum of 450 continuous feet starting from the intersection of Shell Road and Saio Farm Road toward the Saio Manor House. 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 designates this site as being in the Suburban Area. Characteristics of the Suburban Area include predominantly low-density residential subdivisions; large tracts of land devoted to single-family dwelling units; low- intensity retail shopping centers, office complexes and employment centers that depend heavily on the use of the automobile;transportation systems designed for the automobile; and various sized tracts of parkland or open space with trail systems. Key planning principles for the Suburban Area that apply to this request include preserving neighborhood quality. This is achieved by maintaining compatibility with surroundings;quality of site and buildings;attractiveness of site and buildings; improved mobility; environmental responsibility; buffering of residential uses; and relationship to surrounding uses. Natural and Cultural Resources Impacts The site is located on the southern edge of Lake Lawson, a self-contained lake. The 8.10 acre site is developed with one single-family home,and a majority of the site is wooden undeveloped land.The site is located within the Chesapeake Bay Watershed, Resource Management Area.There is no further development proposed with this application;therefore, it is not anticipated that there will be any impact on the natural environment. The Sajo Farm Manor House was constructed in 1939 by Sam Jones, the owner of Berkley Machine & Foundry company in Norfolk. The almost 14,000 square foot Manor House was originally part of a 300-acre farm, a majority of which has been developed.The 3,472 square foot Guest House,which is the subject of this application, is located on 8.10 acres and was built in 1955. Traffic Impacts Draybun Sajo, LLC Agenda Item 12 Page 6 Street Name Present Volume Present Capacity Generated Traffic Sajo Farm Road No data available No data available Existing Land Use z-64 ADT Shell Road No data available 6,200 ADT 1(LOS 4"C") Proposed Land Use 3—No Data 11,100 ADT 1(LOS 4"E") 'Average Daily Trips 2 as defined by 8 acres of R-40 zoned 3 No information available in the ITE Trip °LOS=Level of Service property Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shell Road in the vicinity of this application is considered a two-lane undivided collector street. The existing infrastructure currently resides in a 50-foot right-of-way. Shell Road is not currently shown on the Master Transportation Plan and there are currently no roadway Capital Improvement Projects slated for this segment of the roadway. Due to the commercial nature of the proposed use, depending on the frequency and size of events, the existing driveway apron located at Shell Road and Sajo Farm Road will be required to be upgraded to a City standard commercial entrance in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. More specifically commercial entrances are required to be 30 feet in width and have 15-foot return radii.The applicant was made aware of the requirement. Public Utility Impacts Water City water is not available to this site. Impact on the private well will require Health Department approval. Sewer City sanitary sewer is not available.Any impact to an existing onsite sewage treatment facility requires Health Department approval. The applicant indicates that temporary restrooms will be made available during events, which will prevent additional load on existing onsite private wells and sewage treatment facilities. Public Outreach Information Planning Commission • The applicant/agent met with the Sajo Farm Homeowners' Association (HOA) on June 3, 2019, to discuss the details of the request. Staff received ten letters of support from the Sajo Farm HOA as the result of the meeting. • 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 May 26,2019,and 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's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on July 3, 2019. Draybun Sajo, LLC Agenda Item 12 Page 7 City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 4, 2019 and Sunday, August 11, 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 August 5, 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 16, 2019. Draybun Sajo, LLC Agenda Item 12 Page 8 Site Layout i 1 3 E ' SAJO FARM -'•-., ..� - • ' • '•. 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Draybun Sajo, LLC Agenda Item 12 Page 12 Site Photos 1. > '� "`' � ti # • ; tilt A ` < 1`~. � � max` y i a .,Y A r t :. r� Y`, . ®, ice. .d '-' - za.+� . tea ' a� ��' 1 p m. 40 _ Cli'- - like, r y ,,if 9 f 1 - � h lt Irk,t,* ‘t•.. •: te;it Draybun Sajo, LLC Agenda Item 12 Page 13 Disclosure Statement VI3 Virginia Beach APPLICANT'S NAME Draybun Sajo, 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/AB disclosures must be updated two(2r weeks pi or to a• Page 1 of 7 Planning Commission and City Council meenng that pertains to the application. El APPLICANT NOTIFIED OF HEARING -' ,` NO CHANGES AS OF DAt F it M. 20/9 oris T�0A AZ 7).Q0 i El REVISIONS SUBMITTED DATE Draybun Sajo, LLC Agenda Item 12 Page 14 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Draybun Sajo, LLC If an LLC, list all member's names: Ray Bunch; Derinda Bunch If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Draybun Sajo, LLC Agenda Item 12 Page 15 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Draybun Sajo, LLC Agenda Item 12 Page 16 Disclosure Statement 1VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EAccounting and/or preparer of your tax return Architect/Landscape Architect/ • Land Planner Contract Purchaser(if other than IXthe 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 • nEngineers/Surveyors/Agents Ward M.Holmes Land Surveyor Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / El N Agents/Realtors for current and anticipated future sales of the subject property • 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 4 of 7 Draybun Sajo, LLC Agenda Item 12 Page 17 Disclosure Statement 1U3 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 plicat'on. D aybkun 'o. LLC y� A P T NAT PRINT NAME'61 DATE t Page 5 of 7 Draybun Sajo, LLC Agenda Item 12 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property,please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any 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. Draybun Sajo, LLC Agenda Item 12 Page 19 .- V, % `P .'*'''... 1... C e - N ,...,.., 0 ,., ... . -----,, , 4.-. . . > 1 • . .. 4640 4 ; I 1 ' . \ IIM....,.. a 0 \\ ,,,N,,,,,, dlir . ,,,. ...N• CI,. , .„. Nklik 0 11,o Or V4t Aili (#3. C — ‘,.., - — - 7 v . — r, 1 * 1.... , st+ "66 I) fs. 41 ,Ittf e4 di 0 & 1,. do 0, s.Y ‘ — - 4\C *„ N 1N o AN 0 110 = 1 0 1 f \ I . _ 4—, L._ , L• ''' 0— % , = -ii--\ -" it.0 1, ",„ .=,. 6, .., *, tieet ... - 6 1041` o) a t, . vP• IP co ii I 1 05.S9 - o , 2.1,6‘o c shell Road *co 0 .4e a ,o,. .g Q. amccorkle sykesbourdon.com From: Bill Gambrell <rightcoastconsulting@cox.net> Sent: Sunday, July 07, 2019 4:18 PM To: 'Carolyn K. Smith' Cc: rightcoastconsulting@cox.net; amccorkle sykesbourdon.com Subject: Sajo Farm C.U.P. ...A short note from Bill Gambrell Carolyn, I apologize for the late note; the tragic events of the past few weeks have not been our friend (or anyone's) in being able to communicate and share things. Can you please alert the Planning Commission of the Historic Preservation Commissions support for the use of the guest house at Sajo Farm to be used as a wedding rehearsal venue. In general terms we support the adaptive re-use of historic structures that would assist with the preservation of important buildings and places like the Sajo Farm House property within our city. As you know.... our history is being threatened at every turn. Finding different and unique ways to help pay the cost of maintenance, taxes and preservation of historic properties is very important. Preservation of the entire Sajo Farm property is unique and valuable to our entire community. The land area that surrounds the Sajo Farmhouse should not be impactfuf to neighbors (considering the total area surrounding the property, including the guest house ), especially compared to the impact of the redevelopment of the Bunch's property with traditional residential uses that have been developed over the past few years. This property is so unique ! It could never be replicated. Several years ago the Historic Preservation Commission was granted the opportunity to showcase the original Sajo Farm House building for our Historic Holiday Home Tour. It was our most successful tour(over several years) ;the preservation of this unique property cannot be understated. It is a hidden gem. From time to time, when historic properties are considered for adaptive reuse, myself (as the present chairman of the commission) or future Preservation Commission Boards, would like to be alerted so that we can provide comments and support when appropriate. Thanks in advance for sharing our support for this request with the Planning Commission. Sincerely, t3 Wi GaNwtrre,LL Bill Gambrel) Chairman Historic Preservation Commission,Va. Beach Virginia 2019 1 5544 Botanical Drive Virginia Beach,VA 23455 June 3, 2019 City of Virginia Beach 2405 Courthouse Drive Virginia Beach,VA 23456-9040 Ref: Draybun Sajo, LLC,5592 Sajo Farm Road To whom it may concern, Please be advised that we,Adron and Leonese Antoine,who currently reside at 5544 Botanical Drive are not opposed to the proposed business venture of Daybun Sajo LLC at 5592 Sajo Farm Road. Very truly yours, -' Adron Antoine Leone oine June 3, 2019 Virginia Beach City Planning, From: Karen Moore 5556 Botanical Drive Virginia Beach, Virginia 23455 This letter is to advise the members of the Virginia Beach Planning Commission and Virginia Beach City Council that I support the plans to have an event venue at Sajo Farm. My property directly abuts that proposed to be such by the Bunch family. I believe it will enhance the area, and will preserve the historic home as well as it's history. Kind regards, Karen Moore Kfitfityn Brooks 5409 Nature Lane Virginia Beach crifl23455 Mfome: 757-460-0300 Celt 757-635-2157 f:4-+haw Ca?maircorn June 3,2019 Virginia Beach Planning& Community Development City Of Virginia Beach, VA RE: Draybun Sajo, LLC Property: 5592 Sajo Farm Road GPIN: 1469-20-9187-0000 To Whom It May Concern: As a resident in the Sajo Farm Community, I wish to express my full support for approval of the referenced project. Knowing the owners of the property and seeing how they have transformed and cared for previous projects is additional confirmation that this 'wedding and events venue" will be a first class operation. As a very close neighbor, I am elated to know this beautiful property will be preserved rather than turned into high density apartments. The property is a stunning treasure and we, as a City and Community, should support the Bunch's efforts to preserve it and willingness to share it with others. Yours truly, .7: "...Lill • ' ---- 14 Kat iryn Brooks Virginia Beach Planning&Community Development City Of Virginia Beach, VA RE: Draybun Sajo,LLC Property: 5592 Sajo Farm Road GPIN: 1469-20-9187-0000 To Whom It May Concern: I am a resident of the Sajo Farm Community and I wish to express my support for the conditional use permit for the above referenced project. The owners of the property have been good neighbors and it is evident that they take great pride in their property. I am sure that as a wedding and events venue they will continue to present their property as an asset to our neighborhood. I am also glad to know that the property will be preserved rather than turned into high density apartments or condominiums. Pm sure that you will hear from those in our neighborhood that oppose the permit,but please know that their opinion is not shared equally by all the residents of Sajo Farm. Sincerely, /4( A...1C, Janet M.Stokley 5405 Nature Lane Virginia Beach,VA 23455 June 3, 2019 To whom it may concern, As a close resident in the Sajo Farm neighborhood to the property being considered for assembly use, I would like to have noted that I support the venue. I reside at 5532 Botanical Drive. The applicants are my son and daughter-in-law, but I feel that my proximity needs to be noted as one who is for rather than not represented. Sincerely, Norma Bunch 1c9-kwit r ' 3 June 2019 Planning Commission City of Virginia Beach Municipal Center, Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 RE: Application of Draybun Sajo,LLC for Conditional Use Permit, 5592 Sajo Farm Road (GPIN 1469209187) I own property near the property referenced above;have reviewed the very informative application; and have toured the property. I support fully Ray and Dcrinda Bunch's plan to provide a wedding venue on the property and encourage the Planning Commission to approve their application. I plan to attend the 12 June meeting and am willing to attest to my support at that meeting. Thank you, Carol Schmidt 5413 Nature Lane Virginia Beach, VA 23455 June 3, 2019 1200 Topiary Place Virginia Beach, VA 23455 RE: Letter to the Virginia Beach Planning Commission To Whom It May Concern; This letter is sent in regard to the permit requested for an event venue at a property owned by Ray and Derinda Bunch on Sajo Farm Road, Virginia Beach As owners of 1200 Topiary Place, Sajo Farm, Virginia Beach since April 2013, we hereby submit our opinion on the use of the property as an event venue. Our attached home in Lakeside Cove of Sajo Farm is on the side of the neighborhood in close proximity to the property for which permit is requested. The distance is more than adequate to not present a disturbance. We are separated by water and trees as well as the peninsula on which the Bunch residence is located. In our years living here we have come to learn more about their residence, the unique Sajo Farm mansion house, and all its history. We also learned that had it not been for the Bunch family who purchased the property 23 years ago and fully restored it to beyond its former glory, the property might never have been salvaged, its value to the city lost, its historical significance gone forever. Most residents of Sajo Farm recognize this treasure we have next door and appreciate not only the value it adds to the city but also to our neighborhood and to our individual property values. The Bunch's more recent purchase of the second property on Sajo Farm Road ensures that the remainder of the original Sajo Farm estate remains intact, thereby further preserving its historical significance. We have also come to know the Bunch family and their commitment to excellence in all they endeavor to do. Their personal investment of time, energy and resources into both their residence and the second property, as well as their impeccable maintenance of both, further insures us that they would not jeopardize this investment by misuse of either property. They have thoroughly researched their concept and planned for all the details. They have set precise and reasonable guidelines which are all acceptable to us. The fact that they are the immediate neighbors to the property in question should not be minimized. The Bunch family never disturb their neighbors because they themselves would not want to be disturbed. They are respectful neighbors. And we respect them and their intention to leave an additional legacy of excellence to Sajo Farm. S7rqly, 011i and Denise Silander 5540 Botanical Drive Virginia Beach,VA 23455 June 3,2019 City of Virginia Beach 2405 Courthouse Drive Virginia Beach,VA 23456-9040 Ref: Draybun Sajo, LLC,5592 Sajo Farm Road To whom it may concern, Please be advised that we,Jens and Britta Puetter,who currently reside at 5540 Botanical Drive are not opposed to the proposed business venture of Daybun Sajo LLC at 5592 Sajo Farm Road. Very truly yours, f, '17) Puuetter Britta Puetter June 3, 2019 RE: Conditional Use Permit (Assembly use) Draybun Sajo, LLC 5592 Sajo Farm Road Dear Planning Commission, We live in Sajo Farms subdivision across the finger of the lake where Ray and Derinda Bunch live. While there is a small group of residents who are making false accusations about the Conditional Use permit for 5592 Sajo Farm Road, I want to assure you that they are a small group. Most of us are in agreement and do not feel this venue would affect us in any negative way. It is their eight acres, with the building on the far finger of the lake from our subdivision, they should be able to do with that property whatever they prefer. This site, in question, is a beautiful site for any venue, keeping history alive and displaying the richness of this huge tract of land are all positives. Also, this venue would preserve this acreage from future development. The traffic would in no way affect our neighborhood, as people would not be traveling thru our streets to get to the Sajo Farm private drive way. They have made arrangements for over flow parking at the church on Shell Road, which is even further away from our homes. People bought property here in Sajo Farms Subdivision right behind a commercial shopping center, with Susan's Kitchen, Subway, and other businesses, they should expect to hear some noise. But the noises we do hear are from the base and from traffic on Northampton. Furthermore we have our own Club House for events such as what the Conditional Use Permit would allow, none of the residents have complained about noise or traffic when our Club House is being used for events. We see no difference in the use of these two buildings. If you have any questions, please contact us. Wayne or Arlene Guenther at 963-1614. `, 5400 Paperwhite Lane Sajo Farm Subdivision ' I f Va. Beach, Va 23455 k 4 //.3 re b -W IJ ;�j Jorc Qied71011e-)eci C.` g - o�� l� � eWJ , l �ef y /7 v�s�'' �UI� H di Ye ytrdifi 'Ii5 .or)lit ite'7 ems'�. Zuve. 1e5 har.Le €x?ars/-t" 1-cfgimb ej cube vri K � �r c as e y cl r ci rvl D 5 AT ,4 ) J �/ qc i�cis ' boy 61 yid tz crIrC c C2�� Lvooc e l55 cp (�2!JLC� 7l t +1CX1v�ecaQ 4 T " J� C��l �5'5; J 1) y 'ate d _c' us hU Scud Fc vrn Rebecca Rawls 5508 Arboretum Avenue Virginia Beach, VA 23455 June 21, 2019 Dear Virginia Beach Planning Committee, I am writing in support of the Conditional Use Permit requested by Derinda and Ray Bunch for an Assembly Us/Wedding Venue at the Guest House at Sajo Farm. I completely support Mr. and Mrs. Bunch in their endeavor to host weddings, receptions and similar celebrations to help offset Sajo Farm costs. They have created a way to maintain the property for the foreseeable future. It is a beautifully renovated Guest House on 8 acres of woods and landscaped grounds. The Bunch's are delightful neighbors to the Sajo Farm community. They are invited to all our community gatherings and attend as often as they can. They have family members who live in our neighborhood and have every reason to maintain good relations and preserve both their property and our neighborhood. As stated previously, I fully support the Conditional Use Permit requested by Mr. and Mrs. Ray Bunch. If you would like to reach me, my address is above. My cell phone number and email are below. Thank you for serving our community and city! #VBStrong Respectfully, "46/1( Rebecca Ayn Rawls 757-927-4517 rebecca.a.rawls@gmail.com Jerard A. Brewer 5569 Memorial Drive Virginia Beach,VA 23455 22 June 2019 Dear Virginia Beach Planning Committee, I am writing in support of the Conditional Use Permit requested by Derinda and Ray Bunch for an assembly use/wedding venue at their Guest House in Salo Farm.I have had the opportunity to walk the property and see their vision for this venue and whole-heartedly support them in this endeavor. Any effort to utilize and support the property at Sajo Farm,I find, in the best interest of the entire community. This spectacular,manicured,beautiful and private venue will bring joy to so many families in our immediate area and bring attention to the entire Sajo Farm development. The Bunch's have always been so supportive of the Sajo Farm development and I think it only reasonable to reciprocate and support them as they continue to find new and exciting ways to preserve and protect their property,create meaningful and practical uses for it and positively contribute to the city of Virginia Beach. Sajo Farm is a landmark and they have done an exceptional job maintaining it. Providing a public venue in this incredible setting is an unselfish act that will delight many for years to come. I support Mr.and Mrs.Ray Bunch's request for the Conditional Use Permit and hope that each of you will see the benefit of approving it. Thank you for your continued service that keeps Virginia Beach strong! Respectfully Submitted, 1ra(44.1), rd A.Brewer 910-599-0224 Jab3615@aol.com Scanned with CamScanner Diane & Andrew Sebastiano 5516 Arboretum Ave Virginia Beach,VA 23455 631-885-1529 June 23, 2019 To The Virginia Beach Planning Commission, We are writing in support of Ray and Derinda Bunch's permit request to use the Sajo Farm Guest House as a wedding and upscale event venue. We love all of the renovations they have done to bring this beautiful piece of history back to life. Their extreme care and attention to detail is impressive and deserves to be shown off as a piece of Virginia Beach history. We would love if this purpose be approved as it would preserve as much as possible of the original farm. They are wonderful neighbors and members of the community and have vested personal interest in preserving this home and property in meticulous condition. Mr. and Mrs. Bunch have thought through all possible concerns of the community and have gone out of their way to address any and all concerns brought to their attention. We send our full support to their future endeavors. Sincere ours, Diane Sebastiano &Andrew Sebastiano May 23, 2019 Re: Sajo Farm Manor House Zoning Request Good Evening, We are writing this letter for your consideration to deny the request for a zoning change to allow the Sajo Farm Manor House to become an event venue. We have been residents of the Sajo Farm Community for over four years and are strongly against this zoning change. We believe that the close proximity of this venue will cause hardship to the residents whom immediately adjoin the area where the events will be hosted. We invite you to view the intended location and the close proximity of the nearby homes. It will be clear to you that noise at any decibel would directly infringe on the daily lives of the immediate residents. As for the Sajo Farm Community,this venue offers nothing but potential problematic issues resulting from events held at the venue. We believe these problems to include: • Noise • Traffic issues to include parking on our community streets due to the Manor House having a gate that allows entry in Sajo Farms • Potential crime increase/drunk disorderly persons/fights/domestic related events, etc. • Increased Litter • Loss of property values The approval of this zoning change positively affects only the applicant who stands to financially benefit at the expense of our community. We believe any financial benefit to Virginia Beach will be mitigated due to an increase in calls for police services and reduced taxation due to lower property values. We respectfully request that you stand with our community and vote to deny this application. Sincerely, Nancy and Chuck Petty 1268 Front Street Virginia Beach,Va. 23455 757-351-2128 From: Deborah Clark To: aalcarazvboc@ icloud.com;wgrahmVBPC(uicloud.com;horsley donCo�vahoo,com;mainman(alinmanstrickler,com; branch.oliver@ gmail,com;dredmondVBPCCa�icloud.com;rriolevCatrioheat.com;irucinskiVBPCCo�icloud.com; jckwall(aaol.conl;dweinerCo batchelder-brick.com Subject: Opposed to Rezoning Sajo GPIN1469209187 Date: Thursday,May 23,2019 12:33:12 PM Dear Planning Committee Members, I am writing in opposition to the proposed rezoning of the Sajo Manor House to allow it to hold receptions (weddings,bands,large crowds,etc). I am a resident of Sajo Farm subdivision since it started(2008). We live in a beautiful,quiet,manicured community with noise rules. Our residents are very quiet and respectful. Particularly in the afternoons and evenings,our neighbors walk,bike,run through the neighborhood and enjoy the peaceful environment. The people living in the Sajo Farm Manor House have assumed themselves as residents of Sajo Farm since their land was sold to the developers. They are not residents of Sajo Farm. They are fairly obnoxious(rude,yelling at residents of Sajo,driving around Sajo in their vehicles,walking the neighbor drinking wine,showing up uninvited at neighborhood functions,placing their trash cans weekly on one of our streets,etc.)neighbors and now they want to infringe even more on the Sajo Farm Residents. We just cannot tolerate any further invasion by these people. I am opposed to allowing the owners/residents of Sajo Farm Manor house to rezone their property to hold events in the building that is actually directly behind Sajo Farm Homes because: 1. The noise level will negatively affect the development and immediate neighbors(within 100 ft)behind the banquet location.People,cars,bands,live music,etc.(See attached map) 2. Excessive noise from traffic and cars. 3. Unanticipated crime from events carrying over to the community. 4. Parking from event attendees on Sajo Farm streets(overflow parking or people parking in the neighborhood to be closer to the event location. 5. Loud noise from drunk people,fights,etc.that occur at live receptions. 6. Drop in property values from this venue negatively influencing Sajo Farm subdivision. Please DO NOT allow the rezoning of the Sajo Farm Manor House and Property. Please help us keep Sajo Farm neighborhood quiet and respectful! Thank you all very much!! Dr.Deborah Clark 5592 Arboretum Ave.,Sajo Farm Resident 11 years Virginia Beach,VA 23455 757-749-0200 Deborahclark58@cox.net<mailto:Deborahclark58@cox.net> From: Bill Griaas To: Plannina Administration Subject: Draybun Sajo,LLC,Conditional Use Permit Date: Tuesday,July 2,2019 1:15:14 PM Attachments: DravbunSaio.LLC Conditional Use Permt FinaLodf Importance: High Dear Planning Commission, Please find,open and print the provided attachment regarding the Draybun Sajo LLC Conditional Use Permit that is due to be reviewed by your commission members on July 10, 2019 at Noon. In our report you will find our reasons for denying the application, as a 5 year home owner at 1366 Front St.,Virginia Beach,Va. 23455. There are several issues in this proposal that will make our home not the"home"that we purchased in May of 2015. We site,with support documents,that the noise element from delivery trucks,transportation vans, cars,and amplified deejays will change our home environment from one of peace and relative tranquility,into a noisy, disturbing one for 3 days for per scheduled event,which equals 120 days of disturbance a year. (Note that support vehicles for tents,equipment,caterers,etc. will not leave the premises until 10 PM each evening.) Basically, we will have a profit generating enterprise in a residential community, which will degrade our property values, disturb our sleep(as our master bedroom is only 55 feet from the single lane gravel entrance road)and over all quality of life in Sajo Farm. Thank you for your consideration. Sincerely, William J. Griggs,Jr., Junius E. Warinner IV. Bill Griggs Ernie Warinner billgriggs@cox.net 1336 Front Street SAJO Farms Virginia Beach, Va. 23455 William J. Griggs, Jr. &J. Ernest Warinner IV 1336 Front Street, Sajo Farm Virginia Beach, Va. 23455 June 19, 2019 To: Virginia Beach Planning Commission Members Re: Draybun Sajo, LLC Conditional Use Permit (Assembly Use) 5592 Sajo Farm Road (GPIN 1469209187) Council District- Kempsville Dear Planning Commission Members, As residents of Sajo Farm, whose master bedroom, sunroom, kitchen & living room is just 55-60 ft. from the single lane gravel access road to the 5592 Sajo Farm Rd., we strongly protest any increased traffic, outdoor amplification for DJ's or any other disturbance that changes the environmental peaceful character, in any manner during any 24 hour period, from the home we purchased in May of 2015. In addition, we suspect that our home values will not increase but will go down and not be able to be sold quickly or easily if the application is granted. (Please see photos at end of letter for a map of the area. A white arrow marks our home.) I. Increased Noise issues: A. Note the location of the exterior areas where it is proposed for DJ's to perform, in the rear, or in the front circle driveway area. B. The driveway area is surrounded by trees which amplify sound by 15 times carrying it away from the location. (See info from North Carolina State University re: Sound Travel.) C. The rear of the home to be used has a peninsula that juts into Lake Lawson. Here is a two fold problem. 1. Trees magnify sound by 15 times. 2. Water is the fastest magnifier of sound, pushing sound across the lake to another community, while bouncing off the shoreline trees on the opposite side and sending the amplified sound to other areas outside of Sajo Farm. D. "Sound waves need to travel through a medium such as solids, liquids and gases. The sound waves move through each of these mediums by vibrating the molecules in the matter. The molecules in solids are packed very tightly. Liquids are not packed as tightly. And gases are very loosely packed. This enables sound to travel much faster through a solid than a gas. Sound travels about four times faster and farther in water than it does in air. This is why whales can communicate over huge distances in the oceans. Sound waves travel about thirteen times faster in wood than air. They also travel faster on hotter days as the molecules bump into each other more often than when it is cold. " (NC State University, Kenan Fellows Program, Debra Hall & Crystal Pattillo) Sound Projection Area ,fra i Gravel Single Lane Road g'Y,. Salo Farm Rd p_ r, k '''' '' 4P it,,,...,, r 0 41 c Sound Projection Area `3 ,:` • . - r �, ..► 4 'li,:,-4 I. . /t, %, ..,, .. sa,overm.d '61k# -F.,. I.,, ,,,,..- ..j. 21- 1.' it* --s.'N.. ': a • .* II. Additional Traffic Noise impacting daily living. A. According to the attorney representing Draybun LLC, and to verbal answers from Draybun LLC at the community meeting held at the Sajo Farm Clubhouse on Monday, June 3, the following statements were made. 1. 60 people maximum for indoor events. 2. 150 people maximum for outdoor events. 3. One reception per time, per day. 4. 30 vehicles, including vendors would be allowed on property. 5. Additional parking would be at a nearby church. 6. A 12 passenger shuttle would be utilized to move attendees to and from the lot. 7. 40 Events per year would be the max number held. 8. Outdoor activities would conclude at 9 PM. 9. Vendors must vacate, breakdown, and move out by 10 PM. 10. Security would be provided by Draybun at the Shell Road Entrance. B. 4 Homes, including our own, have their master bedrooms, kitchens, sunrooms, living rooms located within 40-60 feet from the single lane gravel road. C. Our backyards, where we relax, grill, etc., are now subject to an abundance of sound just from the additional traffic alone, limiting our rightful use. D. The residents all have varying sleeping hours, some of us are up at 4:30 AM which means that we retire at night about 8-8:30 pm. Some residents are military with varying sleeping schedules. E. The occurrences of traffic noise is going to occur more that 40 days a year. 1. Setup by vendors with trucks for tents, chairs, etc. will set up the day before and breakdown the day after. That alone mean that there is One trip in, one trip out 3 times per vendor. So that now increases the days of excess noise of vendors to 120 days per year. 2. 30 vehicles parked on the property, including the vendors on the day of the event would create a minimum of 30 round trips, or 60 vehicles utilizing the gravel road until 10 PM. 3. 150 people needing to park at the church parking lot and be shuttled to the and from the venue, in the fewest of trips would mean 150 divided by 12 passengers per van load would equal 12-13 trips in, and 12-13 trips out at the minimum. We believe that not everyone will arrive at the debarkation area at once. That all van shuttle trips will not be full. That not having full van shuttles is going to increase the 24-26 trips to more than 38 round trips, or 76 passes of the single lane gravel road behind 40-60 feet from the backdoors of our homes. F. No sound barrier The backyards of our homes that align with Sajo Farm Rd. do not have a complete sound wall of dense evergreen trees that would even come close to muffling the sound and create adequate sound deflection from the traffic on the single lane gravel road throughout the year. To compound matters more, there is an inlet of Lake Lawson to the left of Sajo Farm Road that is going to magnify the sound of the traffic, then bounce it back through the trees that line each side. III. Virginia Beach Code Interpretation When reviewing the Virginia Beach City Code, several things need consideration. 1. It is our belief that this is a money making proposal for the Draybun Sajo LLC. Sec.234. - Home occupations. In districts where they are generally permitted, an occupation may be conducted in a dwelling unit, provided that: (a) Not more than twenty(20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles,shall be generated by such activity in greater volumes than would normally be expected in the neighborhood,and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No sign shall be permitted. However, as an exception,the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one(1)sign, not to be illuminated or to exceed one(1)square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise,dust, vibration, smell, smoke,glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. (Ord. No. 2111, 1 14-92; Ord. No. 3442,4-19-16) 2. Since this is a "home" business venture, it would appear to us that home business regulations as stated in the city code would apply.\ 1, - ._ - A-;' 4 ' )4 ,' • .:,N.‘.i Q I . ,.. ,-._ :,,,;. _ S i'. fit./ .i r,o 6 IV. Home Values There is no doubt that the homes on Front Street that back up to the Strip Mall on Diamond Springs do not sell as fast, or at the best price because of the noise, smells and lack of privacy. Here is a CMA on those homes, plus 1340 next door to us that was not able to sell, but has become a rental. https://reinmis.mismatrix.com/Matrix/Public/EmailCMA.aspx?ID=54491068 It is our understanding that the majority of events at the Guest House on Sajo Farm Rd will be Wedding Receptions. The majority of weddings happen on Friday, Saturdays which are also peak "Open House" times for homes that are on the market For Sale. No one is going to buy a nice home with a backyard that has a busy single lane gravel road within 40-60 feet from the house which is in nearly constant use, especially on the weekends. _- elative Analysis Listing Category Lowest Price Highest Price Average Price Avg$ Per SF Active $420,000 $420,000 $420,000 155.56 Sold $405,000 $422,900 $413,950 156.93 Withdrawn $424,000 $435,000 $428,475 161.81 Totals/Averages $405,000 $435,000 $423,114 159.52 Sold Property Analysis Address List Price Closed Price DOM %SP/LP SP/Sqft 1289 Front Street $410,000 $405,000 21 %98.78 $154.88 1281 Front Street 5434,828 $422,900 63 %97.26 $158.98 Total Averages $422,414 6413,950 43 %98.02 156.93 MIIMPI Researched and prepared by Bill Griggs Howard Hanna Real Estate Services That will be a huge "turn-off" to potential buyers. The very reason we purchased our home 1336 Front St. is that we have a quick exit out of the community on Shell Road, and that we had a yard for entertaining and our dog which paid handsomely to fence in. At this point we can tolerate the minimum amount of noise that we endure from machines moving gravel, tree trimming, to home owner cars traveling in and out of the Draybun Sajo LLC area. We will not be able to tolerate the amount of noise and traffic on the single lane gravel road which will devalue our home. We urge each member of the Planning Commission to VOTE NO on this proposed Conditional Use Permit under Assembly Use of 5592 Sajo Farm Road, Virginia Beach, Va. 23455. Thank you for taking our point of view into consideration. Sincerely, Oiri/Q%) William J. Griggs, Jr. Junius E. Warinner IV. 1336 Front Street Virginia Beach, Va. 23455 July 8,2019 Brian and Karen Fowler 5424 Paperwhite Lane Virginia Beach,VA 23455 Re: Opposition to Conditional Use Permit Application for 5592 Sajo Farm Road, Draybun Sajo July 10 Public Hearing,Agenda Item 12 Dear Planning Commissioner, My wife Karen and I, and we are quite certain others in the Sajo Farm community, request that you recommend disapproval of the subject permit application. Allowing the desired commercial activities on the subject property will almost undoubtedly negatively impact the enjoyment of our homes, and ultimately result in decreasing property values in Sajo Farm. We are very disappointed at the apparent lack of a thorough vetting conducted by the Planning staff and subsequent recommendation for approval. Please review this letter to get a more accurate and robust evaluation and identification of issues that need further vetting. First, it appears necessary to point out irrelevant statements in the report. The report indicates that staff received several letters of support from the Sajo Farm HOA The Bunches have been excellent neighbors to Sajo Farm residents, making many friends in our community. This explains why some Sajo Farm residents have expressed support for this application. I believe those who have are likely not directly impacted like others, and are basing their"impact" beliefs solely on what they are being told, and not any objective evaluation on how this could impact their neighbors. Essentially they are just supporting their friends,that solicited those support letters (my understanding from communications with neighbors). This can be the only explanation as there is no manner in which this endeavor can benefit Sajo Farm or its residents. Those support letters,including any from the HOA Board,should therefore carry no weight whatsoever. The HOA Board does not speak for all of the residents of Sajo Farm, particularly those, as described later,that are actually directly impacted. (An important point of technicality on the issue of Sajo Farm residents versus those that are actually impacted (those that should matter in these proceedings). Sajo Farm is a condominium of some 350 homes—technically all homeowners are"adjacent property owners"therefore, but only a portion of these actually live in homes in close proximity to the applicant's property.) The report speaks extensively about the site's historical significance,and suggests the application be approved in part to offer Virginia Beach residents an opportunity to experience the unique property. This is an important legal permission, and the decision regarding its granting by the City must be based solely on objective criteria consistent with the purposes of zoning:compatibility with adjacent and nearby land uses and residents/property owners, as well as the surrounding environment and infrastructure. That the property in question has great historical value, or that the Bunches have poured their hearts and money into its revitalization,is completely irrelevant. The Bunches can certainly be applauded for wishing to share this resource, but there are other ways that could be accomplished with less impact to the adjacent homeowners. The report does not correctly establish the proximity of residential dwellings. As shown in attached Exhibit 1 (in red outline),there are approximately 35 homes with rear yards within 900 feet of the venue location, many under 600 feet, and several less than 400. 26 additional homes with front porches (no rear yards)are shown in yellow outline. Further,there are four homes (area in blue outline)with the gravel Sajo Farms Road driveway directly behind their buildings (about 25 feet from their back yards). Lastly,there is a street in Sajo Farm that could easily funnel noise into the central gathering area of our neighborhood (illustrated by orange line, and shown in Exhibit 2). Noise Impacts Oddly,there is no direct discussion of the impacts of noise from these events on the nearby Sajo Farm residents. Yet, many of the recommendations clearly exist in an effort to come to what one can only assume is some "acceptable level" of annoyance and disturbance to those residents/homeowners. At a minimum all of these homes are likely to experience a decrease in the enjoyment of their homes due to a variety of noises emanating from the venue site. One can assume that each event will have noise impacts from beginning of set-up to end of break-down for several hours such as: • the noise of vehicles, including trucks pulling trailers,traveling on a gravel road • loading and unloading of materials • assembly,setup and breakdown of tents,tables, chairs,etc. (including hammering stakes into the ground) Notably, breakdown and removal can occur until 10:00 PM • opening and closing of car doors • loud talking and laughing of a crowd of people(wedding receptions are celebrations and known to get quite boisterous) • Announcements,toasts, etc. over a PA system • Loud musical instruments (such as percussion, brass) Each and every one of these owners bought with a high level of confidence that the adjacent Manor property would be a "quiet neighbor"—seemed like a slam dunk if there ever was one. It's important to point out that it is not only the volume of noise that can cause annoyance, and the "measuring stick" here should not be the City's noise ordinance,which is quite lax. Some noises can be tuned out,others blend. Noises such as the above do neither—they will be quite intrusive into the peaceful enjoyment of a nearby back yard or patio, particularly for several hours up to 40 times per year. There shouldn't be any attempt at determining an "acceptable level of annoyance". There is simply no need to allow this annoyance at all, and the inevitable complaints that will follow. There is no need for an "annual determination"as suggested in Recommended condition 23—it is a given that this shall cause problems. Natural Resources Impacts There is nothing resembling a reasonable assessment of impacts to Lake Lawson,described as a "self- contained lake",which is a misrepresentation. It is connected to Lake Smith,flows into the Chesapeake Bay, and provides drinking supply water. The gravel road which cars,food trucks and portable bathrooms will travel over comes within feet of the lake at times. It is not reasonable to think that these vehicles do not represent a huge increase in risk of releasing harmful pollutants into the lake. In fact, as can be seen in the property boundary map on page 3 of the report,Sajo Farms Road is not maintained entirely on the applicant's property,traversing through the Lake Lawson property boundary(owned by the City of Norfolk). Public Safety There is no consideration of public safety issues and emergency vehicle access in the report. The gravel access (Sajo Farms Road) is not wide enough for 2-way traffic and a poor traveling surface at best one would guess,for a fire truck. It is not hard to imagine incidents occurring that could make the venue area very difficult to access. For the above issues the City may be relying on site plan reviews that normally occur for developments, to catch these items. This proposal seems to fall into a rare crack, however,where these reviews will never happen because there are no improvements proposed that would require triggering the site plan review process. For consideration- it is clear that the previous owners of the Sajo Farm properties,that sold off the parcel now occupied by the Sajo Farm development,expected the Manor house properties to remain residential—otherwise they would have kept enough land to provide an appropriate access drive,on their own property,for a commercial venture. In summary, please focus on the appropriate issues at hand in a zoning context,with respect to the residents that would be negatively impacted,filtering out irrelevant information,and simply acknowledging that this use,as exciting as it may sound, is not appropriate given the property limitations and environs. As well intended as the Bunches may be,the end result is trying to fit a square peg into a round hole,and approving this will only lead to future complaints and tensions. • • 4.0:„N•c7:6\\-:461111.1.11: 4, ....• � � '- _ 4.'� i" , . o , -,t ciFct2Nt - ./a*SC A - +"-% i . - CD 0 O • ll CCI C0 O�� W • Q) , (!) °/ c,;<p N r .� - .�- 5 U T cD « � ' yam'Y s p� ' w = r ti .r 0 a) Zi = . U) U.. `ram• w � `` »: ,- k +M r1 July 9, 2019 To: City of Virginia Beach Planning Commission From: Bonita&Blair Barger RE: DrayBun Sajo,LLC,Conditional Use Permit(Assembly Use) I am a resident of Sajo Farm Community and my front porch is less than 800 feet from the event venue in question.Upon reviewing the Staff Notes,I am disappointed in the misleading statement regarding support for the venue from the Sajo Farm Community. On May 24,2019,I submitted a letter via email to Mr.Kevin Kemp referencing my concerns regarding Public Safety and Parking and its negative effect on our community. I attended the June 3rd information session and there were as many negative as positive concerns regarding the Venue. In addition,the Sajo Farm HOA has a conflict of interest as one of the 4 members is an immediate member of the Bunch family. It is also misleading to say that the Guesthouse is not visible from our community.One can clearly see the house and property from the Common Element at the end of my street,Botanical Drive.The winding single lane gravel driveway leading from Shell Road to Sajo Farm Manor and Guesthouse crosses 2 private properties and land owned by the City of Norfolk and Lake Lawson.The 20 foot ingress/egress easement is extremely limiting. On page 12 of the CUP Application provided to our community the owner writes of the City owned property: 1985 Ingress/egress issues and cost of renovations keep the city from any use of the manor house with Public Access. As the same road issues exist today as in 1985,how is it possible to consider the property for public use? This brings me to the very serious concern for Public Safety.With the lake and its 20 Ft.buffer to the North and homes to the South a fire truck and other emergency vehicles will not have quick access to the property particularly when guests/vendors will be trying to exit. With such close proximity,I feel my home would be threatened in the event of a fire. The barrier between our community and the venue is wooded and during dry weather months could be cause for even greater concern.With 150 attendees possible at any given event,emergency response,not to mention appropriate fire sprinlders in the Guesthouse when there is only well water,will be of utmost importance Assistant Fire Marshall,Deidra Peterson,has informed me that"only the application and viewing online maps were reviewed at this time and a site inspection will be performed during the site plan review process."She has also stated,"If roadway improvements are necessary,they will be required during this process. Regardless,relevant fire code requirements shall be met if the property owner wishes to have wedding events." In closing,I want to ask you to please consider first and foremost the safety of the 300+families residing in the adjoining neighborhood and for the public safety of attendees to events held at the Guesthouse.This Venue does not meet criteria that is compatible with our community and should be Denied or at least Tabled until appropriate and thorough Site Plan Reviews have been completed. Thank you, Bonita&Blair Barger 5577 Botanical Drive Virginia Beach,VA 23455 From: }ioa N.Dao To: William R.Landfair Marchelle L.Coleman Subject: Fwd:Draybun Sajo,LLC,Conditional Use Permit Date: Wednesday,July 3,2019 5:17:03 PM Hi Marchelle, I'm not sure if the letter below made it into the supplemental folder. Can you please check? Get Outlook for iOS From: Kevin P. Kemp Sent: Monday,July 1, 2019 2:23:46 PM To: Hoa N. Dao Subject: Fwd: Draybun Sajo, LLC, Conditional Use Permit Get Outlook for iOS From: Mike Hughes<mikehughes40@gmail.com> Sent: Friday,June 28, 2019 1:49:45 PM To: Kevin P. Kemp Subject: Draybun Sajo, LLC, Conditional Use Permit Ref. 5592 Sajo Farm Road (GPIN 1469209187) Dear Mr. Kemp: I am writing to request that the Planning Commission not approve the conditional use permit referenced above. My concern is that commercial use of the property at 5592 Sajo Farm Road will disrupt the peaceful environment of the nearby residential neighborhood of SAJO Farm where my family lives. We do not need a commercial business in this neighborhood. We bought our SAJO Farm condo in 2013 with the expectation that we would not have the encroachment of a commercial entity. And this one is focused on entertainment. A typical scenario on a weekend with a large crowd of customers drinking alcohol into the night , a loud band or dj playing equally loud music. Their business plan will have too many of these scenarios, I'm afraid. This business does not belong in our residential neighborhood. Please do not approve this conditional use permit. Sincerely. James M Hughes Paperwhite Lane .ry37 EXHIBIT 2 • 4' a ,.: 1,. • max. - '' `�. s. ,ram -1 `� ;'''' r ",. '' Venue t.ocation 4 4 IA ' y t '..tlprr, ��AL. w t n +. r Y S k - b Photo at Gate (see Exhibit 1) looking down Sajo Farm Road at Venue location .Y s .i. i lAtt $ ;� ' 14 'Ptr. Gate r' A sue . ( ii , r .t ' I II , i I � eta �~ '' . '' _ �Yw w� „ x�, - --tom AINIIWIIIIItilt AdIIIIIIIIIIIIIIIIIIIII Photo location B (Exhibit 1) To: The Chairperson and Members of the Virginia Beach Planning Commission Re: The Conditional Use Permit request of Draybun Sajo, LLC for an Assembly Use/Wedding Venue at the Guest House at Sajo Farm; July 2019 Planning Commission Public Hearing We the undersigned residents of Virginia Beach, respectfully ask you to support permitting this lovely 8 acre property and beautifully restored Guest House, on Lake Lawson, to be used for weddings, receptions and similar celebrations. The owners have agreed to very reasonable conditions and like them, we want it to be feasible to maintain this unique, largely undeveloped property, in its current condition, for the foreseeable future. Names: Address: .164--ca :(0A) 5460 P 54° t t 1 I IZc-tQ /-- r /Avg-- a ,9i‘tidayL i s 5>: 'la qi (80q NI rev/ tr, 4'G nt/J3 r A 74 71 Z-N —9 I a3241.94 -t), HANAX. o itional Use P rrnit\DraAybun Sajo\Petition of Support.docx 0//od Ca rvi4 i� 12 12 jrrtPr41 P'4CE vg 2 , kki, 6 \ \AWN t x iWkhO‘ 1 ' To: The Chairperson and Members of the Virginia Beach Planning Commission Re: The Conditional Use Permit request of Draybun Sajo, LLC for an Assembly Use/Wedding Venue at the Guest House at Sajo Farm; July 2019 Planning Commission Public Hearing We the undersigned residents of Virginia Beach, respectfully ask you to support permitting this lovely 8 acre property and beautifully restored Guest House, on Lake Lawson, to be used for weddings, receptions and similar celebrations. The owners have agreed to very reasonable conditions and like them, we want it to be feasible to maintain this unique, largely undeveloped property, in its current condition, for the foreseeable future. Names: Address: 3010 cud Raw s 5508 AdlAre{ t i\'edue_ 1/20(1AU -eAfcArA ti-•aff-eiV 5-60 Aft&vicvia04-te-e, PylVa0 ( b I Ail E S e ASf7 AO) ss/ 42Baize:T AV En u'-e_ MeA 1 aa6 h JJ - 10 i e )3(3E icOrl u9U4n 1-1/9vQm 6573 kemmri ( DV, )a5 b,K }tA rich C! Lb t 6-tc6S }- etkiovi4f -)// of 3 61- 4//1 lornph 443og-ea-u l 44e 11/4 Lei§, ►vex //Zo ref Jule Poi 1132 F rf c- f- far Vorkpit di i y- j ) I F/ot a nr l�n �Jt .cam �S SCp 61,crrw r� 5674 4i2i1 . H:\AM\Conditional Use Permit\Draybun Sajo\Petition of Support.docx To: The Chairperson and Members of the Virginia Beach Planning Commission Re: The Conditional Use Permit request of Draybun Sajo, LLC for an Assembly Use/Wedding Venue at the Guest House at Sajo Farm; July 2019 Planning Commission Public Hearing We the undersigned residents of Virginia Beach, respectfully ask you to support permitting this lovely 8 acre property and beautifully restored Guest House, on Lake Lawson, to be used for weddings, receptions and similar celebrations. The owners have agreed to very reasonable conditions and like them, we want it to be feasible to maintain this unique, largely undeveloped property, in its current condition, for the foreseeable future. Names: Address: See 7- /tivaiPoto,Va- $-ya.S fr/44foofi,g- l4 i'e t9 ,oe‘, / �,�� 5z .fir.-,i1D,G Aeies y3 >D.f 41-.4 D C Gi� 9i � /a.D0 T/.o/a-✓ liZaC-&//(,,,e/74112/111-e-& S 14,3 /6t,reiA-t.) (\Irk) V,oCi\Pn iaan L2ur\__ C0. ..7'5f3 2 7/r) ef4y)-- -7--(leaA‘L Co 14/,66,6011 4.552- go -olvti t j pr• H:\AM\Conditional Use Permit\Draybun Sajo\Petition of Support.docx To: The Chairperson and Members of the Virginia Beach Planning Commission Re: The Conditional Use Permit request of Draybun Sajo, LLC for an Assembly Use/Wedding Venue at the Guest House at Sajo Farm; July 2019 Planning Commission Public Hearing We the undersigned residents of Virginia Beach, respectfully ask you to support permitting this lovely 8 acre property and beautifully restored Guest House, on Lake Lawson, to be used for weddings, receptions and similar celebrations. The owners have agreed to very reasonable conditions and like them, we want it to be feasible to maintain this unique, largely undeveloped property, in its current condition, for the foreseeable future. Names: Address: ChCL\5'A:A ram. --brJ 5g01 ClG La m ("A ft-16 CSIA /dierraik 4A/1), - J� rrr'9 r Sslio !Jot cam D-t cry cP Gt QP'' C ,521.24 L4 AN- w A (cAvt-t� c' i,Zvg *To H:\AM\Conditional Use Permit\Draybun Sajo\Petition of Support.docx Item#12 Draybun Sajo, LLC Conditional Use Permit (Assembly Use) 55925 Sajo Farm Road District—Kempsville July 10,2019 RECOMMENDED FOR APPROVAL Mr. Fisher: Our last order of business is item number 12, Draybun Sajo, LLC. This is an application for conditional use permit assembly use on property located at 5592 Sajo Farm Road in the Kempsville District. Ms. Oliver: Welcome. Mr. Bourdon: Good afternoon. Thank you, Madam Chair. Again, members of the Commission for the record, Eddie Bourdon Virginia Beach attorney representing the Bunch, the owners of the LLC that own the two parcels of property 12 and a half acres in size that are the location of the guests manor house at Sajo Farm on this 8.1 acre parcel adjacent to Lake Lawson,as well as the manor house which you could barely see the corner of over here on this 4.45 acre parcel again total of little over 12.5 acres of land,the property abuts a fmger of Lake Lawson, and there are roads on the opposite side, the north side there are no homes located anywhere around this property other than this dwelling, that's in the middle of the property where the guest house is located on. The Bunch maintained the access road to the property and they've maintained this property beautifully during their ownership. We provided Staff with all the historical information; we provided the adjacent neighborhood the information, which I know they posted on their community website. This was all one large site and Mr. Kemp touch on that this morning in the informed briefing, I'm not going to go through all of it, but it's a gorgeous,gorgeous,gorgeous piece of property. The real estate taxes and insurance alone on an annual basis is a$75,000 expense. Okay,that's before you get to the maintenance of this very large,beautiful piece of property. And it's not a complaint, that's life, that's reality. But having been involved in a number of historical properties over the years in Virginia Beach,and a lot of you all have some familiarity with this as well. The hard part is maintaining them and keeping them and having them remain viable. This piece of property can be rezoned,just like the adjacent piece of property that is where the homes are in Sajo,and they're beautiful homes, nice neighborhood,no doubt about it. The Bunch do not ever want to see that occur,plain and simple. And they are simply trying to create a way and they've had a lot of people from the historical, preservation committee and folks who are into historical preservation in Virginia Beach,and in even Hampton Roads, at the property various times,and their predecessors have as well. And everybody says the same thing we've got to preserve, we got to preserve it, was willing to pay for it. And so that's what this is an effort to do. And is the most perfectly situated property for that I've seen in Virginia Beach. And I don't know where a lot of other ones are located. Before I forget the chain of thought that the Bunch are the ones who because they like to go to bed early. They have suggested, not staff, the 9 pm on this property for events, so no quarrel with what you will do with the ordinance. The condition in here at 9 pm is their condition and we aren't asking that to be modified or changed in any manner, shape, or form. When they came to me with this originally,they had already spoken to the church,they already had made the arrangements because they don't want a lot of cars out here parked on the site either. And so that arrangement was made before we ever went down this path, if this is approved, they will be acquiring the shuttle, they will own the shuttle, that anyone who wants 1 to use this for a venue for an outdoor event, will have park at the church and the shuttle that will be provided will be part of the cost, to bring people here and take people out. It is anticipated that most of the events that are outside and there are no more than 40 and we doubt they'll be 40 in a given year, maybe the years to come, it will be many years before that, it reaches that number, most of them will take place behind the guest house, the ones that are outdoors, I'm just really talking about the outdoors on the lake, the front of the nice yard in front of the guest house can be used for the small amount of parking that is permitted on-site and people who are working the event and there could be some utilization of this area for an event, but we expect the vast majority to be behind the house overlooking the lake. I don't think too many folks will use the front. But that's something that's a possibility and the cars that we do have will be for smaller events that will be parked in front of the house and indoor events are limited,as you saw in all the conditions that y'all had a chance to review and become familiar with. My clients want to make this property be maintained as it is like they have maintained it;they don't want to see it developed and this is the best way that they know and I will mention also that my good friend, our commissioner of revenue, he got the idea of doing his house from the Bunch, the Bunch have been working on this longer than Phil that you all did approve, and that does have the 10 o'clock. But again that is not what we're seeking to do. We've also agreed voluntarily there'll be no bands out here, no drums,no bass guitar, the only type of music that'll be permitted is a DJ, or an acoustic guitar, nothing other than that. We had a meeting with the adjacent community over a month ago, well attended and take issue with one of the letters that I read about there being opposition; I've been doing these meetings for 30 some odd years and never certainly was not the circumstance,but I do think everybody was extremely courteous and civil at that meeting. We have provided you all, I provided this morning, there are 14 letters of support, we should hope you get a chance to read them, including one from Mr. Gambrell for the Historic Preservation Commission. There is a petition with 63 signatures and the letters are many other from couples and those petitions and the letters are from almost entirely from residents in the adjacent neighborhood and if we can put the overall map up, the Bunch, their neighbors, they don't want to see all these trees removed and houses built,I'm not aware of and don't believe there are any,or is any opposition from any of the property owners who abut the property. So that's the situation here and Bunch aren't going to knock these trees down. I mean they have no intention of ever doing that. There is no ability to access here, unless the owners of the property permitted, that's precluded by these conditions, and they're certainly not going to allow it to happen. Now, I read in one of these emails,so concerned aboutfire truck safety,etc. Obviously,if there were to besome type of emergency event, then the fire rescue, public safety could certainly get through here, we could certainly let them come through here. But all access will be from Sajo Farm Road,there will be no access to any event at the property other than through Sajo Farm Road. Now, you all have revised conditions that were passed out this morning, and I appreciate the revisions that were made. And I am in full accord with all of them. There is one however,that I brought up with Mr.Kemp,that was overlooked and with all this been going on,I certainly understand it; I draw your attention to condition number 16 regarding the use of generators, there will be no generators used for anything on this site, with one exception. And that is in spring or fall, especially after daylight savings time, it gets dark and the weather is still nice before 9 pm. And this is a residentially zoned property just as is the adjacent neighborhood and generators are completely permitted. And we have electrical power, we have good power, but what we don't have is the ability to have lighting especially for at night here, if there's not a full moon, it's you know, there's nothing aroundthis very heavily wooded, we may need to have some minimal outdoor lighting for safety reasons. So that condition number 16. There won't be any generators for music, there won't be any generators for food, or anything like that. But there may be and undoubtedly will be on occasion, need for an hour or two of some temporary 2 outdoor lighting and the only way that we can do it without a generator, we certainly will,but we are concerned that my clients are concerned that there may be the need for a small residentially size generator, no different than you have in any of the homes in this adjacent community. And again, the 10 o'clock everything's dark and again, the 10 o'clock is not for the event, 10 o'clock is the extra hour to clean up,but that's the only thing that I would request the commission, I have discussed this with staff this morning that the generator, use of generators for provision of food, music or anything other than a temporary outdoor lighting shall be prohibited is perfectly fine with us. But we do not want to have a scenario where people walking around in the dark for an hour and that's the only situation as far as these conditions. Most of these conditions, staff has worked very diligently. I want to thank Bobby and staff, Kevin, on all the work they've done on this. And I frankly agree with all the conditions with that one clarification on the generator and I'll be happy with that to answer any questions any of you may have. Ms. Oliver: Any questions?Yes,Ron? Mr. Ripley: Well, first of all,I'll just say the generator,I would oppose the using generators for lighting,I think he should try and then put in his lighting and size that accordingly that just that's where I would be on that,but the rest of it, I don't have a problem with but the distance from houses, there were some pretty far long distances I saw there, a lot of them was a couple of football fields almost. Can you point out what that is? Mr. Bourdon: The area in here is over 300 feet. If someone wants to suggest that we're going to have an event out here by the road, which isn't going to happen, that we're not suggesting, events will be in the house behind the house or, within 25-30 feet of the house. From that scenario,these homes, which I fairly certain there's zero opposition from anybody along here. We're talking about close to 300 feet little less the Bunch actually own one of these homes and they may wind up acquiring another one, the homes along here are well over 300 close to 400 feet and then I know there was a house I measured over here across the water from the manor house that have express concerns that from their second floor window they could see the front of the house, which they were well over 600 feet away, looking across heavily wooded, developed and some open area in front of the manor house. But the closest residence here,my clients and the owner of that property, get along well for years and again, they've had discussions for years about. Mr. Ripley: So its 300 feet from that right there? Okay. Mr. Bourdon: In this area here. These folks,I know these homeowners are supportive. I know one of the long letter or email that you received, which I'll reserve for rebuttal, the owner of that property not even on this picture is over this area far-far away with houses between their house and the property, I think there may be another party who's in one of these homes on the end,that's concerned about the amount of traffic coming through the gravel driveway. I would simply note that on the opposite side of the street is commercial development that's far, far closer than what would be occurring way back here. So there's just isn't anything close and most importantly,heavily wooded,forested all this area,completely forest inside. It's going to stay that way. Ms. Oliver: Any other questions for Mr. Bourdon? Okay,thank you very much. Mr. Fisher: We have six speakers in opposition and one in support. Would you like for me to call the one in support first? 3 Ms. Oliver: Sure. Mr. Fisher: Will Mr.Evin Thompson,please come to the podium. You can state your name for the record to sir. Mr. Thompson: Evin Thompson. Ms. Oliver: Welcome. Mr. Thompson: Thank you Madam Chair, members of the commission. I'm Evin Thompson. Thanks for the opportunity to speak. I support the proposal. I've been a member of the Virginia Beach Community for over 37 years off and on,a Navy veteran. Thirteen years ago,I decided to make this community my home. Nine years ago,I decided to make Sajo Farm my home. I decided to make Sajo Farm my home because of the historical nature of it. Sajo Farm has a great community. I'll be up front. I live well 1000 yards away from thisplace. I'm on the other side of Lake Lawson. But I've been around Lake Lawson and what a beautiful, beautiful setting to have that one lifetime event of a person's life here in Virginia Beach. I know when I got married 32 years ago,there wasn't such a beautiful location to get married at here in Virginia Beach at venue like this. I believe the applicant has established satisfactory mitigating measures in regards to frequency,noise,parking,and everything else going on with this event. I also believe that the revenue brought in to this will help the Virginia Beach Community. So to summarize I support this proposal. Thank you for your time. Ms. Oliver: Thank you very much. Mr. Fisher: Mr. Bill Griggs,please come to the podium. Ms. Oliver: Welcome. Mr. Griggs: Well, thank you very much. Thank you very much for letting me speak. I am glad that we have the map so I can help point out some things to you. I sent a letter which all of you should have received. I have several concerns. One, let me show you where I live. Ms. Oliver: Mr. Griggs. Mr. Griggs: I am sorry. Ms. Oliver: No, no,you're fine. There's a pointer right there. If you can pick that up it got a laser on it. There you go. Mr. Griggs: Okay. There we go. This is my home, right here. There's another home right here that has been built since this picture was done. So there are 1,2, 3,4, 5 I mean, I got that right. Oh,it's because the trees out there. Sorry. I think we're all together. Yeah,right. Yeah. I'm right here. I'm sorry. My fault right there. It's not during the winter. Ms. Oliver: So great. But I just need you on the mic. Mr. Griggs: Oh, I'm sorry. So anyway, that's our home. Our problem is, and I would love to be able to party all night long. Our problem is that our master bedroom, our living room, our kitchen,our sun room,and all of those homes right there,those four homes on that side are 40 to 60 feet from that single lane gravel road. There is no buffer, no evergreen buffer, we only have some leaves. I can actually stand in my bedroom and see through to that gravel road. So that gravel road is going to be a real issue, because it's going to be a sound issue. First of all,they say they're going to have an amplified DJ and that's fine. But there's also an acoustical 4 issue. And the acoustical issue has to do with sound waves,and this came from the University of North Carolina that I found. Sound waves need to travel through a medium such as solids, liquids, and gases. The sound waves move through each of these mediums by vibrating the molecules in the matter. The molecules in solids are packed very tightly,liquids are not packed as tightly and gases are very loosely packed. This enables the sound to travel much faster through a solid than a gas. Sound travels about four times faster and farther in or over water than it does air. This is why whales can communicate over distances in the ocean,sound travels 13 times faster in wood than air. Now you have to understand if you live there, you know it's different. I moved there in 2015. This was our final home; this was going to be a great place. I walk my dog every night, every night. And I will tell you we love the four peacocks that are at the Sajo Farm. But I guarantee you right now when you hit about here, I can hear that peacock that's here. These trees are going to act as reverberation. They're not dense enough, lower, they're going to carry that sound from any amplified sound, whether it would be a DJ, acoustical guitar might be fine. But we're mostly concerned about the sound because this neighborhood of Sajo Farm is heavily military with different schedules. In my home, one of us is up at 4:30 that means we're at bed at six. I mean in bed at eight. So it's a very difficult time. Ms. Oliver: Mr. Griggs, so sorry, but your red light has gone off Mr. Griggs: Okay, I didn't even know there was one. Ms. Oliver: You do, you have, so when I started the hearing, I said you had to be mindful of your time. So just, you know, you have three minutes to speak. Mr. Griggs: Okay. Ms. Oliver: And you have a yellow light that blinks,and then the red light. And I apologize, but we appreciate your letter. And let's see if we have any questions for you. Mr. Griggs: Okay, sure. Yes sir. Ms. Oliver: Mr. Ripley. Mr. Ripley: Is there a buffer that could be placed between the road and the back of your property that might help mitigate the sound? Mr. Griggs: That's what I was trying to figure out. Because it's going to have to be something like a cement wall or whatever, because when you look at the letter, you'll see the number of trips that I've calculated, it is going to take to do for any event. So it's bouncing, that sound just bounces like crazy. I mean, I hear it when the Bunch do the repair work to their gravel road, which is great. It's loud as heck. Because and I can hear that scraping, so I don't know that there's room because there's condo,common land and then what strip that Mr. Bunch may have, which are side by side, and there's not much there. Mr. Ripley: I don't doubt you'd be talking about a concrete fence but is there a residential type fence or six foot fence or something like that, that might make some difference to you? Mr. Griggs: We put in,we spent a fortune on our fence that was approved by our association and it's not a solid fence. Mr. Ripley: So you have a fence there now? 5 Mr. Griggs: I have a fence there now; it's not a solid fence. It's not, they were not in the approved things for the condos. Mr. Ripley: What is that like, slap fences? Mr. Ripley: So you can see through it. Ms. Oliver: Aluminum fence. Mr. Griggs: Just a plain aluminum fence. That's all it is. Mr. Ripley: Aluminum fence. Mr. Griggs: So you've got, you know, every six inches you've got. Mr. Horsley: Rod iron. Mr. Griggs: Yeah, that's all it is. So I mean that, other than paving it that may, that would probably help with the gravel sound, because it's going to be loud. And when you got heavy trucks, assembly trucks coming in, because if you bring in tents that are needed for some weddings, and all of that sort of stuff, they comes on large trucks, and they come in the day before to set up and they come back the day after the event to remove. And if you've got a van shuttling people back and forth to the church parking lot,understanding the van only holds 12, so if it only holds 12 how many trips have you got to make back and forth to that church to get people in, and then how many trips have you got to make back to get them out. And as you will know, people travel on their own schedules, and they're not all going to show up at one time where you can do it quickly and efficiently. So it's going to be a noisy mess from my perspective. Mr. Ripley: So my question is,is there a buffer that you would be,you might find acceptable if that would help mitigate this out? That's my question. Mr. Griggs: I haven't seen one, other than what I seeout close by Yorktown, by the park in Newport News Park that goes over to 17, I've seen those types of barriers. They may work, you know, they're huge. But it's going to take something dense to cover that sound. Mr. Ripley: Okay, thanks. Mr. Griggs: Okay. Thank you very much. I appreciate it. Ms. Oliver: Thank you very much. Mr. Fisher: Bonita Barger, please come to the podium. You could state your name for the record as well. Ms. Barger: My name is Bonita Barger. Ms. Oliver: Welcome,you can drop the mic a little bit for you. We'll hear you better. Thank you very much. Ms. Barger: My husband Blair Barger and I live in the Sajo Farm community. And our front porch is less than 800 feet from the guest house area that they've indicated would be parking and possible venue area. Ms. Oliver: You want to use the pointer and just show us, is your house visible on this map? 6 Ms. Barger: It is. Ms. Oliver: Do you mind just pointing to it with a pointer. Thank you. Okay. Ms. Barger: My house is right there. And my issue is also concerning the road and on page 12 of the CUP application provided to our community by the owners, they write that in 1985, the property was actually owned by the City of Virginia Beach, and I'll quote"Ingress-egress issues and cost of renovations keep the city from any use of the manor house with public access." So the same road exists today as in 1985. The winding single lane gravel driveway leading from Shell Road to Sajo Farm manor and guest house crosses at least two private properties. Lake Lawson and property owned by the City of Norfolk, there's only a 20-foot Ingress egress easement, and that is extremely limiting. So that leads me to what my primary concern is and that is public safety. With the lake and its 20 foot buffer to the north and the homes to the south,a fire truck and other emergency vehicles will not have quick access to the property particularly when guest or vendors might be trying to exit the property since it's only a single lane gravel driveway. The close proximity to my home and others in my neighborhood would put us at risk with potentially 150 guests, a house on well water without sprinklers and surrounded by woodland. The potential for disaster exists. I might also add during dry periods as we often experience here in Virginia Beach in the summer that's a problem. I spoken to the fire marshal Deirdre Peterson and she has assured me quote"only the application and reviewing online maps were reviewed on a site and a site inspection will be performed during the site plan review process regardless, relevant fire code requirements shall be met if the property owner wishes to have wedding events." In closing, I want to ask you to please consider first and foremost, the safety of 300 plus families residing in my neighborhood and the safety of event that attendees. This venue does not meet criteria that is compatible with our community and should be denied or at least tabled until proper,thorough site plan review has been coming to you. Ms. Oliver: Thank you. Your time is up. I appreciate it. Anybody have any questions? Okay, thank you very much. Mr. Fisher: Deborah Partington. Ms. Partington: I am a Deborah Partington; I'm a resident of Sajo Farms. I never received proper notice of today's hearing first off,and my understanding is you've received 63 votes in support of the CUP, but I feel that with proper notice from to the other homeowners, you might have received 100 votes against it, and that 63 only represents 2% of the homeowners. This CUP is fraught with a laundry list of problems,I'm going to deal with noise levels, I'll make it more simple than Mr. Grayson. I will say it is unrealistic to think that wedding noise levels won't exceed the city code decibel levels of 65 decibels during the day, and 55 in the evening, especially since it is a fact that normal conversation levels between two people is at 60 decibels to begin with. Now you're adding into the mix 40 to 150 voices outdoors, it's going to be noisy, there's going to be a PA system for guests to make ceremonial speeches to toast the bride and groom, no brainer, it's going to be loud, amplified music, automatically going to excel the noise level. To approve this CUP is not compatible with the neighborhood community and land use set forth in the city comprehensive plan. Sajo Farms is a community of military seniors and families. And the CUP will only benefit the Bunch at the expense of the homeowners. And I forgot to add that about the music,the Bunch held an event two weeks ago, they had Lewis McGehee at their Carriage House playing for a birthday party and it could be heard all the way down the street, the words of the music, the words could be heard. And that wasn't even amplified. I would ask in closing that the Commission error on 7 the side of caution and deny this CUP on the basis that the effect of the CUP won't be known until the first wedding and then it's too late. And also I want to say that their attorney intimated that or my understanding is that the purpose they want to do these weddings and have these assemblies is to raise money to help pay their tax bill. I think they have other options. They could sell the property. They don't need to hold weddings; it's going to heavily impact the residents of Sajo Farms. Thank you. Ms. Oliver: Thank you very much. Is anybody have any questions? Thank you so much. Mr. Fisher: Deborah Clark. Ms. Oliver: Welcome. Ms. Clark: Thank you for having us and allowing us a chance to speak. My name is Deborah Clark and my husband and I were the fourth home to close in Sajo Farms in 2008. So we've been there a long time,we've seen the whole community grow up and develop met all of our new neighbors. And it's really a wonderful,nice,quiet place to live. I want to request that the board either deny or table a decision until the property meets the requirements of Norfolk, Virginia Beach, the fire marshal, etc. The residents those 63 people who signed the petition, had no idea what was going in on Monday when the lawyer submitted another letter to you. So those 63 people, who signed the petition, have no idea what they just agreed to. Okay, sorry. I'm a little nervous. Ms. Oliver: It's all right. Ms. Clark: In the Virginia pilot online article of June 5, 2009, the whole property was on the market for$7.9 million and was unable to be sold. So now the owner's solution is to make money to support the property through a wedding venue. That's disturbing to the residents of Sajo Farm. My concern is for the peace and safety of the Sajo Farm community. Every day, we clearly hear the Navy bases morning and evening songs taps. The Navy base was here long before Sajo Farm was developed. We are about three to four miles away from the base and every house in the community can hear that. And while we agree that it's pleasant,we all stand we listen,we sing along. It's meaningful music and it's softly played. Having a wedding venue will not provide short and soft music across the community and the entire community will be hearing music. We have no control over the type of music and this could be rap music with foul language and could potentially be blasted across Sajo Farm. Property values are bound to drop,we've already heard of neighbors who are planning to move,traffic to and from the venue as you already heard down the one lane gravel road, I'm concerned with the lack of fire hydrants on the property will necessitate additional equipment to pump lake water to any fire on the property. Time and equipment well place the venue customers at risk. The property has a gate that exits on to Sajo Farm community property and it's a gate that's open people come in and out of that gate onto our Sajo Farm property. This gate implies at any time, sorry. People can enter our community which is a private community. There's nothing to stop them from exiting into our community, by foot or by vehicle. If the venue is approved, this gate should be changed to regular fencing to prevent customers or residents from entering Sajo Farm community from the venue and the Sajo Farm Manor property. Thank you. Ms. Oliver: Thank you very much. Anybody have any questions for Ms.Clark? No. Thank you so much. Mr. Fisher: Eddie Evard. Ms. Oliver: Take your time. 8 Mr. Evard: My name is Ed Evard. My wife Barbara Knight and I have lived in Sajo since 2013. We live across the lake from the Bunch's Manor House about 200 feet as addressed earlier when they had their party two weeks ago, everything was heard loud and clear. We bought the home because we enjoy the beauty of the area and the nature; use our deck quite often to sit outside and enjoy the peace and quiet and to hear the sounds of nature. I can't imagine having to sit every Saturday and Sunday on my deck here and nothing but music. Imagine having an open house if you try to sell your home and the buyers come by,potential buyers come by on a Saturday or Sunday and that's what they hear. Music,Music, and music that's not going to help my property values, couple of questions I have already addressed, but you know weddings can be loud and boisterous. Guests can be obnoxious, drunk or even worse. Smoking is permitted,not prohibitedin the venue. Somebody starts a fire as addressed earlier accidentally; it spread to the dry woods, what's going to happen? We're a private community. What happens in wedding guests aside a park and streets and cut through our neighborhood to get to the venue. How are they going to be policed to enforce all these requirements that have been set forth? Can emergency vehicles safely navigate a 20 foot wide winding gravel road and in contradiction to what was said in the application,the HOA did not endorse this venue. They've taken no positions. If you want to ask the president sitting right behind me, they are not taking a position on to the venue. So I ask as others have that this venue be denied? Or if not, at least time be given to do a site study and address all the applications that might affect the environment, safety, egress and code requirements that have been set forth in the staffs planning document. Thank you. Ms. Oliver: Thank you. Do you mind showing us with the pointer about where your house is located please? Mr. Evard: I don't know if it's shown,I don't think we're on and if I don't know,noise travels very quickly and loudly across the water. Ms. Oliver: Right. Mr. Evard: No trouble hearing what's going on,where we're located. Ms. Oliver: Great. Thank you very much. Mr. Evard: Thank you. Ms. Oliver: Anybody have any questions? Okay. Thank you very much. Mr. Fisher: Barbara Evard. Ms. Evard: Thank you for this opportunity to speak to you. I just want to make one correction. Ms. Oliver: Before you get started, would you state your name please? Ms. Evard: Yes. I'm sorry. My name is Barbara Evard. I am a resident of Sajo Farms. I just want to set for the record. I think it was said that this is part of Kempsville District, it is not, it's Bayside. Ms. Oliver: Okay. Ms. Evard: Okay. We purchased our home in Sajo Farm, it was the understanding and validated with the real estate agent that adjacent property was not to be for commercial use. It was not zoned for commercial use. What is now being proposed is indeed commercial use. 9 The zoning is therefore incompatibility. . Approval of this proposal will provide a conflict between the venue and the Sajo Farm residential community. We are a community; we need to speak with one voice. We do not want this commercial venue in our backyard. It must be noted that Sajo Farm HOA has not approved this proposal as listed in your paperwork. And so the information presented in the conditional use permit was a gross misrepresentation. Our Community Board has also decided not to take a position. However, members of the board have a vested interest in this proposal, as she is an immediate relative of the applicants and she's a family member of the Bunch, she is on board. At issue is not that this proposal has not been properly vetted and information presented is not accurate. No site plan has been performed,which would reveal some major discrepancies issues and misrepresentations in the proposal. There is no city water or city sewage and the use of portable sewage devices place near the buffers to Norfolk, Lake Lawson are potential public health violations. Oversight of the specific limitations or requirements set forth in the permit request will be difficult at best to police or to enforce. As such,this will cause safety issues and will jeopardize the quality of our peaceful neighborhood. This proposal will threaten the welfare of the members of our community and serve as an annoyance, a disturbance, excessive noise, traffic parking issues, shuttle vehicles,food trucks,music,building issues,multiple serious access road issues provide serious safety and public health concerns as well as potential environmental concerns. This proposal threatens and interferes with the enjoyment of my home and my yard and potentially every Friday,every Saturday and or Sunday will directly affect the property values of my home bordering on the lake and ultimately the values of the home of my entire community. It seems this proposal may not have been thought through sufficiently and so we strongly suggest that the Commission considered denial of this petition or to table this and due diligence in the review of the conditions and the specifications. A site review would be essential and providing insight into some serious concerns and 63 people is not representative of a private community of almost 1000 residents. Thank you. Ms. Oliver: Thank you. Do you mind showing us where you live? Ms. Evard: Again, I live,it's not seen there. Ms. Oliver: Okay, so you can see your house. Ms. Evard: The whole community that is behind here. Ms. Oliver: So you are further to the south? Ms. Evard: I am on a different fmger of Lake Lawson. However, it is all part of Lake Lawson. The sound travels across Lake Lawson and when there was a party there about two weeks ago, every word that was said was heard from my back porch. Ms. Oliver: Great. Thank you very much. Ms. Evard: You are welcome. Mr. Fisher: That's all the speakers we have. Ms. Oliver: Okay,thank you,Mr. Bourdon. Mr. Bourdon: The one thing I do want to agree that this is in the Bayside District. I think that is an error on the report says Kempsville. Is it in Kempsville? Ms. Wilson: Yeah, it goes up. 10 Mr. Bourdon: Most everybody thinks it's in Bayside,but I guess that's changed at some point. All right,where to start,I guess the one way to start is that every homeowner in the community, first of all know the folks who spoke to abuts the property with the exception of Mr. Griggs and in terms of putting up an eight foot fence or potentially trying to plant a buffer behind his fence that's something we certainly can look into doing and our covers doing. The rest of the folks who spoke do not abut the property. The last couple who spoke live in the same duplex condo out on the point that I referenced before I didn't make copies of this, but they are well beyond the Manor House across another finger of the lake. The other couple folks spoke are all the way out at the entrance close to Diamond Springs Road are closed and there's some personality issues, I'm not going to go down that road. The reality of this situation is that everybody in that neighborhood, in their pools in their backyard can play amplified music and our noise ordinance isn't going to bother anybody if they stopped by 9 o'clock, in fact, if they stopped by 10 o'clock. The city's not gonna do anything to stop it. They can play rap music, they can play any music they want, I can guarantee you. There won't be a rap concert out or there won't be rap music, the Bunch own this property, this is their endeavor. It is not something they're renting out to somebody who doesn't care. They care more about this property than anybody who's spoken here today and we could have brought, you know, twice as many people down here to speak about what a good idea this is. We chose not to do that. We didn't want to inconvenience folks. We will bring up at the city council. But the point I'm making is you all understand this. This is an excellent use of this property and 9 o'clock with Lewis McGehee, for birthday party that the Bunch had their property just like everybody else in the neighborhood can have a birthday party,everybody else can even theoretically have three weddings in their backyard and these small lots where they can play music. The community has a pool in a clubhouse,just like a lot of other communities I represent. They have wedding receptions and parties at the club house far closer to the last two folks that spoke than this is and no condition that it stopped by 9 o'clock or 10 o'clock. So the Bunchare trying to be a good,great neighbors and that's why they agreed that everything stops at 9 pm. Everybody out there can have music in their backyard,past 9 pm and there's not a thing the city can or will do about it. The Bunch don't want there to be stuff going on their property late at night, they certainly do not have any desire to see any fires or anything occur,this is their investment. The last thing they're gonna do is allow somebody to mess with it. There will be no smoking in the house,there will be a small outdoor area set aside for somebody who wishes to smoke but they certainly don't want to see people out there smoking,but that's beyond that. They are the ones who have the most at risk. They're the ones who definitely don't want to see this happen, the one lady spoke said that she's over 800 feet away and I know a couple of spoker that are even further away. All the folks that have joined us understand the benefits of this intimately and I think all the conditions that staff is recommended, protect any reasonable expectation that anyone could have with regard to if this were developed houses just like theirs, they'd have people living right next to them, where they can be playing music past 9 pm at night, so this idea that somehow this has got to be completely silent just doesn't make sense and then Mr. Griggs, who work with him on his concern, but the notion we all have been doing this a long time that we're, as I thought I understood him to say his study he was referring to that sound wouldn't get to his property as quickly if the trees weren't there,just that's what I heard,maybe I misunderstood what he was saying,but the best thing that's out,the best things is the forested area,that is the best buffer. But again, as far as the road and the gravel,I think we're better off looking at putting up a fence or possibly a hedgerow or something like that to muffle the sound as opposed to paving it, and the fire issues and those will all be dealt with,as you all know,by the midst, in fact, my clients have the fire department out there every year to inspect because it helps them not have to pay even more money in insurance on the property. So they invite the fire department out there every year and they will certainly be doing that with regard to 11 this. The last thing they want to do is take any risk with their property, which they dearly, dearly love, and it shows anybody's ever been out there by the way, it's maintained. Ms. Oliver: Mr. Bourdon, you addressed the gate between places, can you talked about the gate a little bit and access who owns the gate is that locked? Mr. Bourdon: My clients,they maintain the gate,it's their gate,the responsibility to make sure that people do not come again, anybody who's going to have any type of function here, there'll be a contract long beforehand will all be explained,what their expectations are,what will have to happen, the Bunch will be the ones that will be monitoring and involved in putting on whatever it is,no one will be coming through that gate. Obviously, if there were to be any type of an emergency circumstance situation,I think 99%they're going to be coming down the Sajo Farm Road, but they certainly can come through and the gate can be open to allow emergency vehicle access if that becomes necessary and an emergency. Ms. Oliver: Is the gate belongs to the Bunch? Mr. Bourdon: Correct. It's on the manor house property. Ms. Oliver: And that paper road into the neighborhood belongs to them as well. So that gate typically is not open for public use, is that correct? Mr. Bourdon: Exactly correct. And with this condition, this condition, it's only on them, you know, and they're not going to allow it to be used to access their property for any of that. Ms. Oliver: And anybody else have any questions? Jan, go ahead. Ms. Rucinski: So have they taken into consideration emergency vehicles on that small gravel road? I mean, is it wide enough for two people to go down at the same time? Mr. Bourdon: There are places where a vehicle can pull off,there is plenty of room for vehicle pull off,but again, if there needs to be emergency vehicle access that access can come through the gate. Ms. Rucinski: The gate goes to any road, it looks like there is? Mr. Bourdon: Oh yeah, it does. Ms. Rucinski: What I had here, it doesn't look like it goes to anything? Oh, okay. Mr. Bourdon: It absolutely does. And I would suspect although I don't know this firsthand, but I would suspect if there were to be a fire in the Manor House, I believe that I don't know this, but I think the fire department may very well come that way anyway because it may be the most direct and easiest way to get there. Ms. Rucinski: And then I just wanted to make sure that I understand you did indicate that you or your client was not be opposed to addressing something that's where that gravel joins, and right behind where those four or five houses are right, okay. Mr. Bourdon: We're certainly willing to put up an eight foot fence of some sort or potentially since, I think they may all have open stuff and said Mr. Griggs was talking about certainly could look at doing a hedgerow that would grow up and again,be a better sound. Ms. Rucinski: Or even pave a small section? 12 Mr. Bourdon: Or pave, yeah that's a possibility as well. Yes, ma'am. Mr. Ripley: That's where I wanted to go with it. You know, thinking about Mr. Griggs' concerns and there will be a lot of traffic coming and going there and it does make noise. I drove down the road yesterday and there's a nice little road and everything, but it's a gravel road and makes a lot of noise. That's well maintained, but makes noise and I don't think I would like it right behind my house like that. So,what I'd like to see you do is paved the road, past that house, the last house 50 feet or 75 feet or something. By the time you do that, you could almost put a fence and I mean, cost you about what a fence would cost to do that. It's not that hard to paved. He's already got the subsurface, we got the rock there. It's simple, relatively speaking, that's simple for me to do. Mr. Bourdon: Easy for us to do. Mr. Ripley: Exactly, exactly. That's what I'd like to see happen, quite frankly, I think it would, I think it would improve its operations too, sort of transition back out to the road. Mr. Bourdon: Whatever the commission wants to do with regard of that, if you want to put that as a condition. Again, I think the best thing would be to have a conversation with all of the owners along there,but I'm certainly not saying that isn't the solution that they would want. Mr. Ripley: Okay. Mr. Bourdon: But I'd certainly, we're not gonna, I'm not gonna sit here and tell you we won't do that. Because, you know, we may very well, that may be what they would prefer to do. Mr. Ripley: Sure. Mr. Bourdon: I don't believe there are any environmental restrictions that would keep us from doing that because it's already a hard surface to begin with, it's not the Bay, I think you're absolutely correct. Yeah. Ms. Oliver: Mr. Inman. Mr. Inman: Tell me about what's going on in the property in the past in terms of entertainment. They had Lewis McGehee out there for what birthday party. Mr. Bourdon: My client had a birthday party. Mr. Inman: Okay. Was that an event that required any kind of permit? Mr. Bourdon: No. Their family. Mr. Inman: No, so there hasn't been any, could they not acquire a special event permit if they wanted to have? Mr. Bourdon: If they wanted to have a wedding reception , they could get a special event permit, but I think you're limited to three in a year. Mr. Inman: Okay. I understand. So they haven't chosen to do that in the past? Mr. Bourdon: No, no. Mr. Inman: Okay. So there's been no opportunity, sort of for a test of how it would be to have a larger event? 13 Mr. Bourdon: Not that I'm aware of. I mean, I do know that at the Manor House, which is closer to residents substantially closer to existing residences. There have been receptions and the historic Review Boards been out there for reception. I'm certain over the years; I was at a political fundraiser there probably dozen or more years ago. I mean, there are that types of situation, but I do not believe they've had wedding receptions. Now there may have been the prior owner of the Manor House,had it was an art gallery and the public can come buy art. But again, it was not particularly successful. But that was again, couple of decade, more than two decades ago. Mr. Inman: Okay. Mr. Bourdon: But I do not believe that there have been any wedding receptions that have been held and the guest house,which is the older of the two houses... Mr. Inman: On the wedding aspect, I don't think there could be other corporate functions somebody want to get out there. Mr. Bourdon: The birthday party, Lewis McGehee, was done at 8:30. They stopped playing music at 8:30. I'm sorry, Mike,did you ask? Mr. Inman: They're not limited to wedding. Mr. Bourdon: Oh, no, no, but this is, if you know, the Bunch and I think that most of their neighbors do,they're very,very protected and guarded of this property,they're not going to be having any animal house parties out here. It's just not going to happen. Mr. Inman: The organizations that you're thinking. Mr. Bourdon: They're doing this,because they want to see the property preserved in perpetuity as it is, as opposed to it having to be sold and developed and that's what they don't want to see happen. And as I said earlier, they're the ones that gave Phil Pelham, the idea of doing the same thing right over here. And they've been working at, because the circumstances you all aware,this has taken longer to come forward because of the fact that its own residential instead of the zoning that Mr. Kellam had of agriculture. Ms. Oliver: Yes Don. Mr. Horsley: I had the privilege a few years ago to assist when the historical, whatever commission is Historic Preservation Commission,their Christmas tour and the Bunch allowed them to go into the Manor House and it was a tour. And that was held very nicely. I mean, it was,in and out,and it was a pretty much all day deal from and things went very well and that's an area people like historic things, and this is one of the best historic assets in the State of Virginia Beach and anything we can do to help them preserve it. And that's the problem with historic places people want to preserve,but,you don't pay up and help preserve them,that's the problem. So if they've got the means and the ability to do this and do it in a very professional way, I would have to support them. I do agree with the suggestion maybe that pave that front entrance would help the noise issue;I think that would help. But in the country,we like gravel roads, because you know, somebody who's coming to visit you hear them coming, but like I say I think it's anything we can do to help the Bunch make sure this is preserved and a venue like this helps get that done. I think we've got a notice from the historic commission that they are in support of this. So, I've always concerns of people, but you know, like, say everybody in the area can do certain things throughout the year and I think this will work if it's handled right and I think Bunch will do it right. 14 Ms. Oliver: Anybody have any other questions for Mr. Bourdon? If not, then thank you very much and I will close the hearing now, so that we can discuss it amongst the commissioners. Anybody have anything to say? Not then... Ms. Rucinski: I just have a quick question. So if we're thinking that they need to do some either pavement or some kind of buffering,would we need to put that into the recommendation or? Ms. Oliver: Yeah,and I think Mr. Bourdon said that he would,do you want to step up here? Mr. Barnes: Well, let me make a recommendation. I was going to suggest though that the applicant constructs an asphalt surface on the existing Sajo Farm Road from Shell Road to approximately the beginning of the first curve in the road, which has just passed the house, which we get most of the day. Ms. Oliver: Is that the house that's on the lane, so the one house that's on the lane. Mr. Barnes: The four houses that are on the backside. Ms. Oliver: On the backside. Mr. Barnes: At Front Street. Four houses right there. Ms. Oliver: Okay. Mr. Barnes: Go about to the first curve, which is just past that. Ms. Oliver: I got it. Right. Mr. Barnes: Yeah, that they minimally pave it, if they want to do more, that's fine. Mr. Wall: So we're gonna add that as a condition,we probably need to make it more sound than just to the first to the bend. Mr. Tajan: For that, say the gravel drive shall be paved from Shell Road approximately 400 feet towards the Manor House that gets it to that location in my measurements here. Mr. Ripley: If that's what the measurement is, I have no idea. Mr. Tajan: That's what I pulled up here, it's about 100 feet from the houses. Mr. Wall: Also, do the Bunch own that strip of land? Because it looks like it's between the City of Norfolk property, if lake Lawson is City in Norfolk. Mr. Ripley: With an access easement. Mr. Wall: Access easements that they can improve if that's. Mr. Ripley: Well, they improve it now. Mr. Bourdon: It's an easement that they can improve. Mr. Wall: Okay. Ms. Oliver: Thank you. Yes Mike. 15 Mr. Inman: I have some concerns about the noise. I'm impressed by some of the speakers and their testimony to what they've heard and what they are likely to hear and why they're likely to hear it in terms of speaking, in terms of music and, if we'd be better limitation here have no more than 40 events, outdoor events,no more than 40 per calendar year, and no more than one event on the same day,now that's helpful because that would only be a little over one a month. Is that not correct? Mr. Ripley: One a week. Mr. Inman: One a month. Ms. Oliver: It's 52 weeks in a year. Mr. Inman: Oh yeah. Okay. So we got, so little less than. Ms. Oliver: That's three a month. Mr. Inman: That's three a month, something like that. Mr. Ripley: Three times, 52, about 156, so it's about 25%of eligible time. Ms. Oliver: When you factor in weather in the month, you're not gonna, it's not going to be spread out like that, June is going to be a big month, or if it's weddings. I mean, you know, I mean, it could be anything and then it says right here it says the use of speakers or monitors permitted between the hours of 9 pm and 12, or there shall be none. And those hours are they said, or for more than three hours in any one day. So I went out there,Mike, and we toured it with the city staff, and toured the insides of the building and walk the grounds and walk to the gravel gate, the roads and it's a beautiful venue and well kept and spend some time with Mr. and Mrs. Bunch and their family was there, the granddaughter and they're very quiet family, very well kept, I mean the property is absolutely exquisite, the amount of care that that this family has put into this piece of property and only concern I have is that, that when we don't help people with that own piece of property like this to preserve it, then it becomes a neighborhood it gets developed and would lose in a lot of these things and if this helps the Bunch and the City of Virginia Beach preserve such a beautiful piece of property,thenl would want to help that happen with them,truly,and I understand the noise. But I think that,just my feeling. I mean, it's not a band. It's Lewis McGehee. 9 o'clock. Yes. Mr. Redmond:I would have a quick questions; first it's not going to work that way. It's not going to be, you know, one every week or something like that, Dee is exactly right. Every Saturday and Sunday in June, probably this venue is going to be booked, every Saturday and Sunday in September and perhaps October, it's going to be booked, nobody is gonna be out there in February. So it does not gonna work that way. It's just not how those outdoor venues work and they're not going to have, somefantasy football draft out there, we're really predominantly talking about weddings. So I would make one suggestion, and that is with regard to the paving of that road, I think we not leave that 400 foot number etched in stone before City Council, somebody can do this a little bit more precisely than us just looking at Google Earth, doing a measurement and obviously in site plan review, that would be a good time to figure that out. Ron's intent is more specific than just a number that we throw up at 2 o'clock in the afternoon. To the application,I have no concerns about safety. I've been through 12 years of this stuff and anytime somebody posts, some of they say, well safety is going to suffer, ambulances can't get there, fire trucks will break down and I just don't see any reason that would lead me to believe that's the case. This venue is two football fields from somebody's house, there has to be at least some kind of places where you can have a wedding. And it be 16 permissible. Is it supposed to be 1000 feet or 5000 feet or something? I mean,you're that's it's heavily wooded. It's already screened if you look at the,you know,if you look at the property, it seems to me ideally,situated for this kind of use and but for the gravel road concern that Ron rightly found a solution for in my view, it looks to me to be ideal for this kind of use. So I don't have any problem whatsoever supporting it, we will support. Ms. Oliver: Jack. Mr. Wall: I think that the people that spoke had very valid concerns about the noise. I mean, I live near Mount Trashmore, and I think that that their points are well taken because sound does travel and I can hear it,you know,I live probably half a mile from where the typical noise comes from, Mount Trashmore and I can hear pretty clearly, it's not, that noise may be on a different level than you know,with this wedding has or wedding venue. However,I think thatwe did set a precedence, you know, a couple months ago withvenues or locations such as this,even smaller,new piece of property and it was agriculturally zoned,but it's surrounded by single family residential. So there's precedence in the similar nature of the application last or last April, and I feel that this,you know,has more conditions than in a previous application of similar nature. So I would tend to support it. Yeah. Ms. Oliver: Yes,Mike. Mr. Inman: Jan has pointed out to me,condition number 13 which says between the months of April through October, no more than two outdoor events shall be held during the same calendar week and not more than five weeks, during this time period shall multiple outdoor events be held on the property, not real sure what that second clause means. I know this is an attempt to place some little more limitation and spread out the events, it also says between November and through March,no more than one outdoor event shall be held for calendar week. I guess that's helpful,but I'm not sure someone can explain. Maybe I'm just not picking up on it and not more than five weeks during this time period shall multiple outdoor events be held on the property. Mr. Tajan: Mr. Inman we will have Mr. Kemp to describe the condition. Mr. Kemp: I can explain why that was there is one word that is wrong and that's in the first part of the sentence and that's each day.What that says is that no more than two outdoor events can be held in the same day and then any weekend and it is limited to five weeks with full multiple events. Ms. Wilson: It can't happen. Mr. Kemp: Okay, so not more than two outdoor events shall be held during the same week with the exception of five times per year, they're allowed to. Ms. Oliver: Please,please come forward. Mr. Bourdon: That condition is supposed to,I think it says what it's supposed to say although I haven't studied it other than earlier,what we have said is that there will never be two outdoor events in the same day, that isn't going to happen and that there would be only five weeks during the year,May and June,when there might be as many as two outdoor events in a given week. Mr. Rucinski: So a Saturday and a Sunday. 17 Mr. Bourdon: Or a holiday, Memorial Day, but during the remaining 47 weeks, there would never be more than one outdoor event and that won't be one every week,but in any given week. They don't want to work that hard. So we're saying never two in a day outdoor events and never more than two in a week and that's only for five weeks during the course of a year. Mr. Horsley: You are only allowed to have two events during a five week period? Mr. Bourdon: Right. It could be any five weeks, but that's a part of the scheduling of weeks. Mr. Horsley: Any five weeks except between November and March. Mr. Bourdon: Well,yes. You know,we know weather wise; it's unlikely that's the reason that was structured that way, but also during those months, there's less vegetation, there's less buffering of sound, as well but again, it's also because it's not likely to be a demand as well. Mr. Inman: I think that clause, second clause in first sentence of 13 needs to be reworked, just for clarification,between now and I mean, I don't know that I can fix it right this moment. Mr. Bourdon: I didn't write it but I knew what was intended and I thought it was okay, but I'm not averse to staff writing it more clearly, certainly. Ms. Oliver: Mr. Kemp. Mr. Kemp: The condition was, we can take a look at that and if it needs to be reworded or tweaked between now and Council we will so that it will cover the intent that Mr. Bourdon described. Ms. Oliver: I think that's a great thing. Let's clean it up a little bit so that we all understand it. Mr. Inman: It needs some word shifting around in that clause and multiple outdoor events shall not be held, no except during, work on it please. Ms. Oliver: All right, anything else? Are we good? Mr. Redmond? Mr. Redmond:Madam Chair, we are going to move approval of the application. Ms. Oliver: I have a second. Mr. Redmond:I'm sorry,with the initial portion up to the curve of that road how you guys want to work that's up to you to be paved in asphalt. Ms. Oliver: Mr. Inman please go ahead. Mr. Inman: I was gonna say, I'd like to see a limitation; I mean review time put on this is like a year or something to come back? Ms. Oliver: I think it's in there. Mr. Kemp. It's in there. Mr. Bourdon: It's in here, it's a last condition, it's number 23. Mr. Inman: Sony. It's on another page. I missed that. Mr. Bourdon: Yes sir, it is in there. I apologize. Mr. Wall: Actually, where's that in there? It's in the original one, it's not in the revised one. 18 Ms. Oliver: All right, so it is on,just double check. Yes,may continue to operate on the site subject to an annual determination by the planning director etc, etc. Okay, on the original one. Mr. Alcaraz: I will second Mr. Redmond's motion with the revision on the gravel, I mean, asphalt pavement. Ms. Oliver: Right. Yes. Mr. Tajan: I'm sorry, Madam Chairman. The applicant had requested, condition 16 be altered and there was no discussion about that condition. I know, Mr. Ripley referred that he was not in favor of changing the condition, but there's no discussion on that condition. Mr. Ripley: It's not change yet has it? Mr. Tajan: No sir. Mr. Ripley: This won't be used. Mr. Tajan: Just to be clear for the record. The use of generators for the provision of food, music and lighting shall be prohibited. So that condition is not changing. Is that correct? Ms. Oliver: No. Mr. Tajan: And just for clarification, Mr. Bourdon had offered to maintain the vegetation that was existing on south of the Sajo Farm Road,you noted that that was going to be removed? Would you state that as being a condition since it was offered in discussion? I'm just bringing that up for? Mr. Bourdon: Oh what I was proposing was an in depth discussion with Mr. Griggs and his neighbors. If the commission believes that the best course of action is to pave that section of road, then that's the answer. Mr. Redmond:That was my answer and that's the nature of my motion. Mr. Tajan: There was discussion about maintaining the existing vegetation on, it was referenced as a buffer for the residences. I just want to make sure to see if that was still being offered. Mr. Bourdon: I don't,we have no intention of removing any vegetation that may be there. We have a 20 foot ingress-egress easement. I think Mr. Ripley's and commission has to resolve this. Mr. Redmond:There was nothing about the generator in my motion, nor was there anything about vegetation in my motion. I didn't intend for anything to be in there. My motion was what I intended it to be sir. Mr. Tajan: Understand. Mr. Redmond: I second. Ms. Oliver: Thank you. I think we are ready. Mr. Fisher: By vote of 9-0, item number 12 Draybun Sajo, LLC has been approved. 19 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 only valid when in common ownership with the adjacent parcel containing the Sajo Farm Manor House. 2. This Conditional Use Permit shall not be valid unless the subject property is listed on the Federal, State, and/or Virginia Beach Historic Registry. 3. The applicant offers and the City accepts that this Conditional Use Permit shall not be valid unless the Sajo Farm Manor House property is listed on the Federal, State, or Virginia Beach Historic Registry. 4. The number of attendees shall not exceed sixty(60) for an indoor event and one hundred and fifty(150) for an outdoor event. 5. All outdoor events shall be on Fridays, Saturdays, Sundays, and national holidays. 6. All activities associated with the proposed use shall cease by 9:00 pm, except, clearing after events shall be permitted until 10 pm. 7. Outdoor events shall be limited to no more than forty(40)per the calendar year and no more than one(1) event shall be held on the same day. 8. No more than thirty(30) vehicles shall be parked on the site at any one time. In addition, on-site parking shall be within the designated area show on page 9 of this Staff Report. Said, plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 9. Should there be more than thirty(30) vehicles per event, then all attendees shall park their vehicles off-site at the designated location(s)as specified in the parking agreement and be shuttled to the event venue. 10. Prior to the commencement of the proposed assembly use, the applicant shall submit a parking plan and agreement to the Virginia Beach Planning Department that demonstrates the applicant's ability to use the off-site church parking lot as described in the application. Such agreement shall be subject to the review and approval of the Director of Planning or designee. 11. Except for ADA parking, alternative parking surfaces (front lawn area)may be permitted for on-site parking. ADA parking shall be provided in accordance with the ADA criteria. 20 12. The applicant/owner shall install and maintain a City standard commercial entrance at the intersection of Shell Road and Sajo Farm Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 13. Between the months of April through October, no more than two (2) outdoor events shall be held during the same calendar week, and not more than five(5) weeks during this time period shall multiple outdoor events be held on the property. Between November through March, no more than one (1) outdoor event shall be held per calendar week. 14. No more than two (2) food trucks for catered events may be located on the site at any one time. Food trucks shall only be permitted on the site in conjunction with an event. 15. There shall be no amplified music, use of speakers or monitor permitted between the hours of 9:00 pm and 12:00 pm(noon), or for more than three (3)hours in any one day. 16. The use of generators for the provision of food, music, and lighting shall be prohibited. 17. No activity associated with an event, with the exception of access to and from the event, shall be permitted within one hundred and fifty(150) feet of any adjacent residential property line. 18. All necessary permits shall be obtained prior to the event for temporary tents or other structures, as required by the Virginia State Building Code. 19. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 20. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 21. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 22. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 23. This use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 21 c\ I / r 45 CD Li— O N CO 1 0 c I CV r I O 0 CD v— f ( G 73 O II e rtr 1 L O i 1? ( ,„/„ ...4411\ V :4: i cp i ...H' o f�j1, I h it) 11Q a' ik LJ • — _—ram:= il I Q I L 7 cu I D 5 `! c .Er Er C e a c - s a. H c8 a i (fq s; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KI KENNELS, LLC [Applicant] KAREN BRUMLEY POOL [Owner] Conditional Use Permit (Commercial Kennel) for the property located at 6444 Knotts Island Road (GPIN 2337815635), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: August 20, 2019 • Background: The applicant is requesting a Conditional Use Permit for a Commercial Kennel on a 3.24-acre parcel on Knotts Island Road in the southern part of Virginia Beach. The purpose of the kennel is to provide overnight accommodations as well as daytime care for up to eight dogs within an existing ancillary building on the property. The applicant also proposes to have no more than four personal dogs that will continue to stay within the residence. While the dogs to be kenneled will be kept primarily indoors, they will also have access to a fenced outdoor kennel area adjacent to the building. The adjacent neighbor's house to the north is approximately 200 feet fom the kennel building. The Zoning Ordinance requires that except where animals are kept in soundproof, air-conditioned building, no structure occupied by animals shall be located within 100 feet of an adjacent property line. The proposed kennel is 22 feet from the eastern property line and 37 feet from the northern property line and, as such, the applicant is requesting a deviation to this setback requirement. • Considerations: The proposed use is compatible with the surrounding land uses and is an appropriate activity in the rural area of Virginia Beach. While the structure is not fully soundproofed, it is insulated. The kennel will also be a significant distance from the adjacent residence. Based on this, the deviation to the 100-foot setback is recommended for approval by both the Staff and the Planning Commission. In support of the deviation, the Planning Commission added Condition 6 to ensure clarity regarding the deviation to the setback. This new condition is indicated by the underlined text below. 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. KI Kennels, LLC Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. In addition to up to four of the owner's dogs, there shall be no more than eight dogs for the commercial kennel kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. The dog kennel structure shall be located no closer than 22 feet from a property line as depicted on the exhibit on page 5 of this report. This location is a deviation to the 100-foot setback required by 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• : Ill: t/Age •cy: Planning Department 797 City Manager: ,a'111bi Applicant KI Kennels, LLC Agenda Item 11 Property Owner Karen Brumley Pool r Public Hearing July 10, 2019 City Council Election District Princess Anne 7 Virginia Beach Request Conditional Use Permit (Commercial Kennel) Staff Recommendation Approval 7 Staff Planner .P 1. Jonathan Sanders Location 6444 Knotts Island Road amen Road GPINWilYams Renee 2337815635 Dunne Pont lane Site Size 3.24 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District - ,sa• ' - 1. . .. '' -r Single-family dwelling/AG-1 &AG-2 _ 4 4Y,i -t f Agricultural . . 0 Surrounding Land Uses and Zoning Districts a T. in North Single-family dwellings/AG-1 &AG-2 ` Agricultural ` 7 rk < South y ` Cultivated field/AG-1 &AG-2 Agricultural t4d East r , 4s4 ;, Field &woods/AG-1 Agricultural �,�_ __.r o, West Knotts Island Road Woods/AG-2 Agricultural _' KI Kennels, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Commercial Kennel on this 3.24-acre property located in the southern part of Virginia Beach in the Princess Anne District. The purpose of the kennel is to provide overnight accommodations as well as daytime care for up to eight dogs within an existing ancillary building on the property.The applicant also proposes to have no more than four personal dogs on the site, which will stay within the house and not in the kennel building. • The property is developed with a single-family dwelling and an accessory building behind the dwelling. • The dogs on the site for boarding and day care will be kept primarily indoors within the southern half of the 1,000 square foot building that is both heated and air-conditioned. The building has insulation installed on all sides and along the ceiling to control the temperature and to assist with sound buffering. The northern half of the building is planned to contain the property owner's office and area for storage. • The adjacent neighbor's house to the north is approximately 200 feet from the kennel building. On the southern side of the building, which faces a large cultivated field, a fenced outdoor kennel area is planned. • Section 223 of the Zoning Ordinance requires that except where animals are kept in soundproof, air-conditioned buildings, no structure occupied by animals shall be located within 100 feet of an adjacent property line.The proposed kennel is located 22 feet from the adjacent property line on the east and 37 feet from the adjacent property to the north and, as such, the applicant is requesting a deviation to this setback requirement. • A sign is not proposed to be installed. The Zoning Ordinance permits one sign, not greater than 16 square feet, for this site. I I P_t 1/ / Zoning History ' AG # Request 1:: i AG-2 � AG-1 1 CUP(Alternative Residential Development)&SVR Approved 02/14/2006 2 SVR Approved 09/13/2005 \. Application Types CLIP—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 KI Kennels, LLC Agenda Item 7 Page 2 Evaluation and Recommendation This request for a Conditional Use Permit for a Commercial Kennel is acceptable. In Staff's opinion, this kennel, which is proposed on a rural 3.24-acre parcel and will be within a building approximately 200 feet from the nearest adjacent dwelling, is compatible with the surrounding uses and is an appropriate activity in the rural area of Virginia Beach. While the structure is not fully soundproofed, Staff supports a deviation to the setback requirement due to the distance from the existing residence and the structure as well as the building being insulated providing some sound attenuation. Per Section 221(i) of the Zoning Ordinance, the City Council may approve the deviation. Staff recommends approval of this adjustment and to the application subject to the conditions below. Recommended Conditions 1. In addition to up to four of the owner's dogs,there shall be no more than eight dogs for the commercial kennel kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. The dog kennel structure shall be located no closer than 22 feet from a property line as depicted on the exhibit on page 5 of this report.This location is a deviation to the 100-foot setback required by the Zoning Ordinance. 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 designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It 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, tree farms, equestrian facilities, wetland banks, fish farms, and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. In Staff's opinion, the proposed Commercial Kennel is compatible with the surrounding uses and is an appropriate activity in the rural area KI Kennels, LLC Agenda Item 7 Page 3 Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed.There are no known significant cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Knotts Island Road No Data Available No Data Available Existing Land Use 1 10 ADT Proposed Land Use 2-42 ADT 1 as defined by a single-family dwelling 2 as defined by a single- family dwelling Public Utility Impacts Water & Sewer This property is not served by City water or sewer.The private well and septic system is currently approved by the Health Department. 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's 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,August 4, 2019 and Sunday,August 11, 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 August 5, 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 16, 2019. KI Kennels, LLC Agenda Item 7 Page 4 Proposed Site La yout Proposed Kennel • ; !, | a.4 2 � ; � \i i � Q\ _ � , - r--- ƒ— i , L �- --- co \ House ° 2 $ ! | k ■| t6111 LI �{ is | q , I 52, !1! }|§ )! , — - / \ . I % 9 | « •+ ƒ . 2 ` § it ( c |�4 _, `■ §{\ r; . ® 413 t; \ )� \\� .1\ ®|§\ . if J\/s.`! I�,. ,., , @ |e": it }/ 4 1 E«#-E§ /E liii ,' 1 _ , Q\- / �,� �� .—�. s KI Kennels, LLC Agenda Item 7 Page 5 Site Photos • r • • _ Ii • r ta irverw- -41e" 7 ei -V• - 4,e' "t" • ... KI Kennels, LLC Agenda Item 7 Page 6 Disclosure Statement Nfi3 Virginia Beach APPLICANT'S NAME KI Kennels. LLC, a Virginia limited liability company 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 A eats 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 I Wetlands Board ♦ ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE I Page 1 of 7 0 APPLICANT NOTIFIED OF Fit ARINC. Q NO CHANCES AS OF 7 I -1 JS Jonc `-}. ko,n Sa.ncle 1' REWSIONS SUM ELF E1 KI Kennels, LLC Agenda Item 7 Page 7 Disclosure Statement NB 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: KI Kennels, LLC If an LLC, list all member's names: Karen B. Pool, Manager; Erica M. Lewis. Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverty owner is different from Applicant. C Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Karen Brumley Pool If an LLC, list the member's names: Page 2 of 7 KI Kennels, LLC Agenda Item 7 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "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 riii) 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 KI Kennels, LLC Agenda Item 7 Page 9 Disclosure Statement 4,\B APPLICANT Virginia Beach [YES NO SERVICE PROVIDER(use additional sheets if needed) CAccounting 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 I I n purchaser of the subject property I ' (identify purchaser(s)and purchaser's service providers) Construction Contractors M.M.Rollins&Co. uEngineers/Surveyors/Agents Bonifant Land Surveys Financing (include current ❑ ® mortgage holders and lenders j selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon;Ahern&Levy,P.C. Real Estate Brokers/ x Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO , Does an official or employee of the City of Virginia Beach have ❑ E 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 KI Kennels, LLC Agenda Item 7 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or, meeting of any public body or committee in connection with this Application. _ KBa � LLC i i T a� ��- 31/ f� �ck', Manager 3/29/1 9 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 KI Kennels, LLC Agenda Item 7 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE I I PROVIDER(use additional sheets if L needed) ❑ EK Accounting and/or preparer of your tax return ❑ ______; 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 ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ = Engineers/Surveyors/Agents Financing(include current ❑ X mortgage holders and lenders I/� selected or being considered to provide financing for acquisition II or construction of the property) ® ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / ❑ M Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 KI Kennels, LLC Agenda Item 7 Page 12 Disclosure Statement 1/3 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 Appli tion. ��rLw Pal 3/ic/,y PPLICANT'S SIGNATURE PRINT NAME DATE N KI Kennels, LLC Agenda Item 7 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. KI Kennels, LLC Agenda Item 7 Page 14 Item#7 KI Kennels, LLC Conditional Use Permit (Commercial Kennel) 6444 Knotts Island Road District—Princess Anne July 10,2019 RECOMMENDED FOR APPROVAL-CONSENT Ms. Rucinski: Okay, thank you. The next item on the consent agenda is item number seven and that is an application for KI Kennels, LLC the applicant and Karen Brumley Pool the owner. It is a Conditional Use Permit for a Commercial Kennel located at 6444 Knotts Island Road in the Princess Anne District. Mr. Bourdon: Again, Eddie Bourdon Virginia Beach attorney representing the applicant and the owner. We appreciate being placed on the consent agenda and that includes the additional condition that Ms. Wilson so appropriately suggested in the informal,we agreed all the conditions. Thank you very much. Ms. Rucinski: All right, thank you. Is there any opposition to this matter being placed on the consent agenda? Okay, seeing none, the chair has asked a commissioner Steve Barnes to read this one for review. Mr. Barnes: Thank you ma'am. This request for Conditional Use Permit for Commercial Kennel is acceptable and in staffs opinion this Kennel which is supposed on a rural 3.24 acre parcel and be with any building approximately 200 feet from a nearest adjacent dwelling. It is compatible with the surrounding users and an appropriate activity in a rural area Virginia Beach. While the structure is not fully soundproof, Staff supports a deviation to the setback requirement due to the distance from the existing residents in a structure as well as the building being insulated providing some sound attenuation per Section 221 of the Zoning Ordinance. The City Council may approve the deviation. Staff recommends approval of this adjustment and that the application subject to the conditions below. There are six conditions. Five are printed on the sheet that you have. During the informal session, there was one added to for clarification. And that is the dog kennel's structure shall be located not closer than 22 feet from a property line and depicted on the exhibit on page five of this report. This location is a deviation to the 100-foot setback required by the Zoning Ordinance. Thank you. 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. In addition to up to four of the owner's dogs, there shall be no more than eight dogs for the commercial kennel kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. The dog kennel structure shall be located no closer than 22 feet from a property line as depicted on the exhibit on page 5 of this report. This location is a deviation to the 100-foot setback required by the Zoning Ordinance. 2 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -BUILDING MAINTENANCE DIVISION -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************************ 08/20/20 19 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/06/2019 PAGE: 1 E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 LW 0 O C Y L NOUW S O T T HEE E S S E O O E T I R Y S S ER NDN CITY COUNCIL'S BRIEFING A. POTENTIAL NOVEMBER 2020 Council Discussion— FLOODING PROJECTS BOND Council Member REFERENDUM John Moss II. CITY MANAGER'S BRIEFINGS A. POLICE DEPARTMENT MID-YEAR Chief James A. UPDATE Cervera,Police B. MOTORIZED SCOOTERS Brian Solis, (E-SCOOTERS)UPDATE Assistant to the City Manager for Special Projects C. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator IIUIVN/ CERTIFICATION CERTIFIED Y Y Y Y Y Y Y Y Y Y Y VIVA-E F. MINUTES INFORMAL and FORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y July 09,2019 SPECIAL FORMAL SESSION APPROVED 9-0 A Y Y Y Y A Y Y Y Y Y July 10,2019 B B S S T T A A I I N N E E D D G. MAYOR'S PRESENTATION 1. VIRGINIA GENERAL ASSEMBLY Delegates HOUSE RESOLUTIONS Barry Knight and Chris Stolle 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 H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Three(3)golf courses located at 3425 Club 1 SPEAKER House Road(Bow Creek),4840 Princess Anne Road(Kempsville Greens),1144 Prosperity Road(Redwing) 2 300 2151 Street And 305 20t°Street 1 SPEAKER CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/06/2019 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 LW 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ER NDN J. J.1. Resolution to RE-AFFIRM the City ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y Council Support re Offshore Wind Energy B Development S T A N E D J.2. Resolution to SUPPORT Limited Access ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Modifications re VDOT I-264/Witchduck CONSENT Road Interchange&Ramp Extension Project J.3. Ordinance to AMEND Section 2-81 of the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y City Code re Mandatory Retirement Age J.4. Ordinance to AUTHORIZE the City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE a Lease Extension with McDonald's Corporation for up to five (5)years for City-Owned Property at 300 21s'Street and 305 20tb Street J.5. Ordinance to AUTHORIZE the City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 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 J.6. Ordinance to AUTHORIZE a temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City CONSENT property known as Lake Joyce at the rear of 4404 Powells Point Road re maintain an existing bulkhead and construct new timber pier J.7. Ordinances to APPROPRIATE: a. $9,460 from the Regional Reimbursement ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenue to the FY 2019-20 Office of CONSENT Emergency Management Operating Budget re disaster training and deployment reimbursements b. $2,700 from the Fire Department Gift Fund ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re purchase of grills for Stations 6,13 CONSENT and 21 c. $634,540 to the FY 2019-20 Clerk of the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Circuit Court Operating Budget re technology related expenses d. $240,000 from Fund Balance of the Police ADOPTED 11-10 Y Y Y Y Y Y Y Y Y Y Y Federal and State Seized Assets Special Revenue Fund to the FY 2019-20 Police Department Operating Budget re purchase night vision devices CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/06/2019 PAGE: 3 E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C YLNOUWS 0 T THEEES S E O O E T I R Y S S ER NDN J.8. Ordinances to TRANSFER from FY2018- 19 Reserve for Contingencies: a. $204,281 to the FY 2019-20 Treasurer's ADOPTED 10-1 Y Y Y Y YNY Y Y Y Y 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 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 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 J.9. Ordinances to ACCEPT and APPROPRIATE: a. $166,250 from the Department of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Homeland Security and to Transfer$8,750 CONSENT 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 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Foundation to FY 2019-20 Police,Fire and CONSENT EMS Operating Budgets-each department receives$10,000 c. $50,000 from the What Works Cities to the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2019-20 Economic Development Operating Budget re Early Childhood Language Development Initiatives d. $35,517.12 from the Virginia Department ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Health to the FY 2019-20 Emergency CONSENT Medical Services(EMS)Operating Budget re support squad operations and training e. $137,610 in Aid to Localities Grant ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Funding to the FY 2019-20 Fire CONSENT Department Operating Budget re personal protective equipment and training f. $24,800 in Lieu of Park Reservation from ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y Shea Farm Subdivision re Park CONSENT Playground Renovations III g. $200.00 Gift from the Rochester,New ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y York 911 Center to Emergency CONSENT Communications and Citizen Services (ECCS)re purchase support items CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/06/2019 PAGE: 4 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 LNOUWS 0 T THE E E S S E O O E T I R Y S S ERNDN K. K.1. MISHORIM GOLD VAB,LP for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re indoor CONDITIONED, recreational facility at 2720 North Mall BY CONSENT Drive,Suite 100 DISTRICT 3—ROSE HALL(Deferred from June 18,2019) K.2 JOSEPHINE P.PARKER for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re automobile CONDITIONED/ repair garage and a Modification of MODIFIED,BY Conditions re bulk storage yard at 573 CONSENT Central Drive DISTRICT 6—BEACH (Deferred from June 18,2019) K.3 ROWELMA M./GREGORY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MCGRAW for a Conditional Use Permit CONDITIONED, re family-day care home at 5504 Haden BY CONSENT Road DISTRICT 4—BAYSIDE K.4. SK8 HOUSE VIRGINIA BEACH,LLC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MISHORIM GOLD VAB,LP for a CONDITIONED Conditional Use Permit re indoor recreational facility at 600 South Lynnhaven Road,Suite 101 DISTRICT 3—ROSE HALL K.5. MMR ASSOCIATES,LLC fora APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers to a Conditional MODIFIED,AS Rezoning approved on August 16,2016 re PROFFERED 596 Princess Anne Road DISTRICT 7—PRINCESS ANNE L. APPOINTMENTS: RESCHEDULED BYCONS EN S 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/06/2019 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W O O C YLNOUWS 0 T T HEE E S S E O O E T I R Y _ S S E R N D N PARKS AND RECREATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Jenna Robertson- Student 2 Year Term 9/1/2019-8/31/2021 PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Michelle Pham- Student 2 Year Term 9/1/2019-8/31/2021 M/N/O ADJOURNMENT 7:17 PM OPEN DIALOGUE 7 SPEAKERS 7:34 PM