No preview available
HomeMy WebLinkAboutJULY 8, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 SHANNON DS KANE, Rose Hall District 3 BRAD MARTIN, P.1:., At Large .JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, I;vnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY A7TORNEY MARK D. STILES CITYA$SESSOR JERALD D.BANAGAN CITY AUDITOR - LYNDON S. RLMIAS ('17'Y CLERK RU'T'H HODGES ERASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 08 JULY 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com vbgov.com II. IV. CITY MANAGER'S BRIEFINGS - Conference Room - A. DOMINION VIRGINIA POWER OFFSHORE ENERGY PROJECT UPDATE: C. Max Bartholomew, Jr., Area Manager Community & Government Affairs, Dominion Virginia Power B. 2009 COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW and UPDATE Jack Whitney, Director — Planning Jeryl Phillips, Comprehensive Planning Coordinator C. ARENA INFRASTRUCTURE Doug Smith, Deputy City Manager CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 3:30 PM 5:00 PM . FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Singer Pastor Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 1, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "VIRGINIA BEACH CIVIC DAY" J1 Visa Work and Travel Program - International Students Nancy Marscheider I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-452.1 of the City Code re Chesapeake Bay Preservation Area Board 2. Ordinance to ACCEPT and APPROPRIATE a donation of $30,000 from Boys Baseball of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex 3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA) ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program 4. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a riprap revetment, access landing, stairway and pier platform DISTRICT 4 - BAYSIDE 5. Ordinance to TRANSFER funds to the FY 2014-15 Schools Operating Budget to provide a 3% salary increase a. $594,500 to the Instruction Classification b. $ 58,000 to the Operations Classification c. $ 29,000 to the Transportation Classification d. $ 21,750 to the Administration, Attendance and Health Classification e. $ 21,750 to the Technology Classification J. PLANNING 1. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11, April 8 and May 27, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multifamily dwellings at Ocean Shore Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of MARY MEYER for a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT 5 — LYNNHAVEN RECOMMENDATION STAFF RECOMMENDS APPROVAL PLANNING COMMISSION RECOMMENDS DENIAL 4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION DENIAL 5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning from AG -1 Agricultural to Conditional A-18 Apartment re multi -family dwellings at 2673 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL K. APPOINTMENT DEVELOPMENT AUTHORITY L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY COUNCIL RETREAT Monday, September 8, 2014 8:30 AM to 5:00 PM Economic Development Office Town Center 4525 Main Street, Suite 700 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Labor Day - x11( far, September 1 Veterans Day - Tuesday, November 1 Thanksgiving Day and Day after Thanksgiving -- Thursday, November 27 and friday, %\%oventber 28 Christer' us Eve (half day) - 75 erinesday, December 24 In r\rnru.S !icer - 11111 rcurr, tet errcuer 1 CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. DOMINION VIRGINIA POWER OFFSHORE ENERGY PROJECT UPDATE: C. Max Bartholomew, Jr., Area Manager Community & Government Affairs, Dominion Virginia Power B. 2009 COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW and UPDATE Jack Whitney, Director — Planning Jeryl Phillips, Comprehensive Planning Coordinator C. ARENA INFRASTRUCTURE Doug Smith, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Singer Pastor Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 1, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA �I I H. MAYOR'S PRESENTATION 1. "VIRGINIA BEACH CIVIC DAY" J1 Visa Work and Travel Program - International Students Nancy Marscheider I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-452.1 of the City Code re Chesapeake Bay Preservation Area Board 2. Ordinance to ACCEPT and APPROPRIATE a donation of $30,000 from Boys Baseball of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex 3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA) ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program 4. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a riprap revetment, access landing, stairway and pier platform DISTRICT 4 - BAYSIDE 5. Ordinance to TRANSFER funds to the FY 2014-15 Schools Operating Budget to provide a 3% salary increase a. $594,500 to the Instruction Classification b. $ 58,000 to the Operations Classification c. $ 29,000 to the Transportation Classification d. $ 21,750 to the Administration, Attendance and Health Classification e. $ 21,750 to the Technology Classification C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-452.1 of the City Code Pertaining to Chesapeake Bay Preservation Area Board MEETING DATE: July 8, 2014 ■ Background: Earlier this year, the General Assembly amended the State and Local Government Conflict of Interests Act, effective July 1, 2014. One of the amendments changes the filing requirements for persons occupying positions of trust who are appointed by governing bodies. The members of the City's Chesapeake Bay Preservation Area Board fall into that category. The change in state law now requires those members to file disclosures semi-annually, instead of annually. • Considerations: The ordinance amends the City Code to bring it into conformity with state law. In addition to revising the frequency for filing, this ordinance also replaces two references to obsolete state code provisions with references to the current state law sections. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: City Attorney's Office City Manager: " '� I4 � � - 1 AN ORDINANCE TO AMEND SECTION 2- 2 452.1 OF THE CITY CODE PERTAINING TO 3 CHESAPEAKE BAY PRESERVATION AREA 4 BOARD 5 6 SECTIONS AMENDED: § 2-452.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 Sec. 2-452.1. Chesapeake Bay Preservation Area Board. 14 (a) There is hereby created the Chesapeake Bay Preservation Area Board, 15 which shall have such authority as is conferred upon it by the provisions of the 16 Chesapeake Bay Preservation Area Ordinance. Such board shall consist of nine (9) 17 members, who shall be appointed by the city council for terms of three (3) years; 18 provided, however, that original appointments shall be made as follows: Three (3) 19 members shall be appointed for a term of three (3) years, two (2) members for a term of 20 two (2) years, and two (2) members for a term of one (1) year. Members may serve for 21 no more than three (3) consecutive three-year terms in addition to an initial term, if such 22 initial term is Tess than three (3) years, but a member whose term expires shall continue 23 to serve until his successor is appointed and qualifies. Appointments to fill vacancies 24 shall be for the unexpired portion of the term. Members of the board shall be appointed 25 on a volunteer basis and shall be reimbursed for their necessary expenses in 26 discharging their duties. 27 (b) The board shall elect from its membership a chair and vice -chair. The 28 chair shall preside at all meetings of the board, except that the vice -chair shall preside 29 in the absence of the chair. Members of the board shall be required to take an oath of 30 office prior to assuming their positions. The board may make, alter and rescind rules 31 and forms for its procedures, consistent with the ordinances of the city, including, 32 without limitation, Sections 110 and 111 of the Chesapeake Bay Preservation Area 33 Ordinance, and the general laws of the commonwealth. 34 (c) Pursuant to the provisions of section 2.2-3115(A) 2.1 639.14A of the Code 35 of Virginia, the members of the Chesapeake Bay Preservation Area Board, as a 36 condition of assuming office, shall file disclosure statements of their personal interests 37 and other information specified on the forms set forth in Code of Virginia; section 2.2- 38 3117 2.1 639.15 and, thereafter, file such statements semi-annually in accordance with 39 the provisions of Code of Virginia section 2.2-3115(A) on or before January 15. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. CA13054 R-1 July 1,2014 APPROVED AS TO LEGAL SUFFICIENCY: --rc--- City Attorney's Office I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation from Boys Baseball of Lynnhaven Incorporated to Partially Fund Capital Improvements for the Lynnhaven Baseball Complex MEETING DATE: July 8, 2014 • Background: Boys Baseball of Lynnhaven Inc. leases 15.6 acres of City park property located at 586 North Lynnhaven Road to conduct youth baseball league operations. In accordance with the terms and conditions of their lease with the City, the league board requested approval to construct a new 20' x 40' picnic shelter on the site to be utilized for league operations. The Department of Parks and Recreation developed a master plan for the new shelter and desired to include ADA compliant walkway improvements from the parking area to the new shelter and adjacent baseball fields to make the leased premises ADA compliant. The Department of Parks and Recreation and the Boys Baseball of Lynnhaven Inc. Board members agreed to share the construction costs of the project with the Department of Parks and Recreation coordinating all construction work. • Considerations: Boys Baseball of Lynnhaven Inc. is donating $30,000 to the City to fund a portion of the construction cost for the new shelter and ADA compliant walkway improvements for the leased premises. The total cost for this project is estimated to be $76,000. The site improvements will benefit both the City and Boys Baseball of Lynnhaven Inc. • Public Information: Public information will be coordinated through the normal City Council agenda process. • Recommendations: Adopt the attached ordinance to accept and appropriate $30,000 from Boys Baseball of Lynnhaven Inc. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager. tlegt 1 II 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A DONATION FROM BOYS 3 BASEBALL OF LYNNHAVEN INCORPORATED 4 TO PARTIALLY FUND CAPITAL 5 IMPROVEMENTS FOR THE LYNNHAVEN 6 BASEBALL COMPLEX 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $30,000 is hereby accepted and appropriated, with donation revenue 12 increased accordingly, to Capital Project #4-306, "Open Space Park Development & 13 Maintenance II," to partially fund the cost of capital improvements in the Lynnhaven 14 Baseball Complex. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget d Management Services CA13043 R-1 June 11, 2014 City Att C rose 4 i• il4 ariv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement Establishing the Hampton Roads Regional Water Quality Monitoring Program MEETING DATE: July 8, 2014 Background: The Hampton Roads Planning District Commission (the "HRPDC") and the local cities of Virginia Beach, Chesapeake, Hampton, Newport News, Norfolk and Portsmouth have proposed a regional water quality monitoring program that would collect data on a regional scale to accurately measure the amount of nutrients and sediments delivered to waterways. Such analyses will help improve the accuracy of modeling used for existing computer models, help the cities administer stormwater programs with greater accuracy and improve action plans to meet the Chesapeake Bay total maximum daily Toad. All of the cities will each annually contribute approximately $84,000 to enable HRPDC to provide coordination and technical support to this program. This program will last the 5 year term of the Municipal Stormwater Permit. • Considerations: The attached Summary of Terms addresses the responsibilities of all parties. The attached Resolution will allow the execution of the proposed Memorandum of Agreement. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached Resolution. • Attachments: Resolution, Summary of Material Terms of the MOA, MOA Recommended Action: Approval Submitting Department/Agency: Public Works City Manag ��P 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT 3 ESTABLISHING THE HAMPTON ROADS REGIONAL 4 WATER QUALITY MONITORING PROGRAM 5 6 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") and 7 the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia 8 Beach desire to enter into a Memorandum of Agreement ("MOA") to establish a 9 Hampton Roads regional water quality monitoring system; and 10 11 WHEREAS, the HRPDC will coordinate the effort to collect date on a regional 12 scale to accurately measure the amount of nitrogen, phosphorus and sediment being 13 deposited into waterways; and 14 15 WHEREAS, such a cooperative effort will improve the data available in 16 evaluating the requirements of the Chesapeake Total Maximum Daily Load and the 17 Municipal Separate Storm Sewer Permit ("MS4"). 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Manager is hereby authorized to execute a Memorandum of Agreement 23 between the City and the HRPDC to establish the Hampton Roads Regional Water 24 Quality Monitoring Program. A summary of material terms of the MOA is attached 25 hereto and incorporated herein. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c\'J, . Department of P blic Works CA13052 R-2 July 1, 2014 44, 0 "ice o the City A or ey PARTIES PURPOSE TERMS SUMMARY OF MATERIAL TERMS MEMORANDUM OF AGREEMENT ("MOA") HAMPTON ROADS PLANNING DISTRICT COMMISSION ("HRPDC") CITY OF VIRGINIA BEACH (the "City") The Cities of Chesapeake, Hampton, Newport News, Norfolk and Portsmouth will also sign MOAs with the HRPDC Establish a regional water quality monitoring program ("program") to monitor the amount of nitrogen, phosphorus and sediment deposited into local waterways. The HRPDC shall: 1. Provide technical support related to water quality monitoring issues; 2. Provide administrative, technical and clerical resources to support the program; 3. Prepare the annual budget for the program; 4. Assist in coordinating communication with state and federal agencies in regard to the program; 5. Take steps to obtain financial support from outside sources; 6. Contract with Hampton Roads Sanitation District and the United States Geological Survey to provide sampling and data for the program; 7. Provide the raw data to the City; 8. Prepare annual reports; and 9. Facilitate the use of the data through the Department of Environmental Quality and the United States Environmental Protection Agency. The City shall: 1 Appoint a representative to the steering committee for the program; 2. Provide timely review of HRPDC analyses and conclusions; 3. Provide input on monitoring sites and land use characteristics; and 4. Provide annual support of approximately $84,000 to support the program for 5 year term of the Municipal Stormwater Permit. MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM This Memorandum of Agreement ("Agreement") is entered into this First day of March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (individually, the "Locality;" collectively, the "Localities") and the Hampton Roads Planning District Commission ("HRPDC"). WHEREAS, Sections 15.2-4200, et seq. of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the Localities, in common with several other local governments in the region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to establish the HRPDC; and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm Sewer ("MS4") Permits; and WHEREAS, the Localities have requested the HRPDC to coordinate a regional water quality monitoring program; and NOW, THEREFORE, in consideration of the premises, mutual covenants, and obligations contained herein, the Localities and HRPDC hereby enter into this Agreement for the purposes of establishing and maintaining the Hampton Roads Regional Water Quality Monitoring Program. BASIC PREMISES The Localities initially received Virginia Pollutant Discharge Elimination System ("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from the individual Locality's MS4s to waters of the state and impose certain operational and reporting requirements on those systems. These permits are renewable on a five (5) year basis, and the Localities applied for renewed permits in 2005. The Localities continue to operate programs under administratively continued permits. Permit renewals are expected in 2014. The Localities are interested in monitoring stormwater in a manner which quantifies the nitrogen, phosphorus, and sediment loads associated with specific land uses in Hampton Roads. The objective of the Regional Water Quality Monitoring Program is to collect data at a regional scale that will accurately measure the amount of nutrient and sediments delivered to waterways by the local MS4 systems. The data would be submitted to the February 2014 1 Virginia Department of Environmental Quality ("DEQ") and/or the Chesapeake Bay Program for updates to improve the accuracy of existing computer models, provide a basis upon which to administer local stormwater programs with a greater degree of precision, and improve action plans to meet the Chesapeake Bay total maximum daily load ("TMDL") and other local TMDLs for impaired waters. The Regional Water Quality Monitoring Program is based on a five-year work plan with acquisition of monitoring equipment and services amortized over the entire term of the initial program. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: Provide technical support related to water quality monitoring issues to local government staff. • Provide the necessary administrative, technical, and clerical resources to support program activities. • Prepare an annual budget for the Hampton Roads Regional Water Quality Monitoring Program. Assist the signatories in coordinating communication on monitoring activities to state and federal agencies to ensure that program goals are met. • Take steps, in conjunction with the Localities, to obtain financial support for program activities from outside sources, including federal, state, and private grants, to the extent that this objective may be accomplished without creating a conflict of interest, as determined by the Localities. • Contract with the Hampton Roads Sanitation District ("HRSD") and the United States Geological Survey ("USGS") to provide sampling and data analysis required by the regional program. ▪ Provide the raw data from all monitoring devices directly to the Localities. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the Localities. • Facilitate the use of the monitoring data in the local TMDL studies being prepared through the DEQ and the United States Environmental Protection Agency and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region, if requested. February 2014 2 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the Localities are responsible for the following: • Appoint a representative to serve on the steering committee for the Regional Water Quality Monitoring Program to represent the local government stormwater and water quality related concerns. • Provide timely technical review of HRPDC analyses and conclusions. Provide input on monitoring site selection and land use characterization to support HRSD's sampling and USGS data analysis. • Provide annual funding to support the agreed-upon regional program, subject to appropriation. METHOD OF FINANCING Program costs will be divided equally between the Localities, and the annual cost to each Locality for each year of the five year term of this Agreement is estimated at $84,000. Local contributions may be increased above this annual estimate to reflect program needs only upon modification of this Agreement. Financial support from other entities, such as federal and state agencies, and the private sector, may be sought and obtained to support the activities of the Hampton Roads Regional Water Quality Monitoring Program, to the extent that this financing effort may be accomplished without creating a conflict of interest, as determined by the Localities. AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the Localities. The Localities' failure to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five (5) years, extending from the date of full execution of the Agreement by the signatories. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject February 2014 3 to annual appropriations. Any signatory may terminate its participation in the Hampton Roads Regional Water Quality Monitoring Program by written Notice to Terminate to all other parties. Such termination will be effective with the start of the following fiscal year. Depending upon the terms of individual MS4 permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's MS4 permit from DEQ. OWNERSHIP OF PROPERTY It is not the intent of the signatories that this Agreement will result in the purchase, ownership, leasing, holding, or conveying of any real property, other than those real property rights necessary for the location of the monitoring equipment. At the option of the locality, the equipment paid for by the Localities will be the property of the locality in which the equipment is located. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's MS4 permit. SEVERABILITY If any provision in this Agreement is determined by a court of competent jurisdiction to beinvalid unenforceable then the remaining provisions shall survive and remain and u+++..+uv+vvuwr+v, y f valid and enforceable. DISPUTE RESOLUTION AND APPLICABLE LAW This Agreement shall be governed, interpreted and enforced by the laws of the Commonwealth of Virginia. In the event of a dispute between any parties arising out of or related to the Agreement, the parties agree to submit any cause of action to mediation upon consent of all necessary parties, or, to a court with competent jurisdiction located in the corporate limits of one of the member Localities. February 2014 4 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. February 2014 5 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: CI.JW3 y Date:/1 4.h 4. Date: Attest: February 2014 6 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. Date: Attest: APPROVED AS TO CONTENT: artment of Public Works February 2014 12 CITY OF VIRGINIA BEACH By: Date: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at the rear of 4324 Ben Gunn Road, for property owners Meade A. Fowlkes and Susan M. Fowlkes MEETING DATE: July 8, 2014 ■ Background: Meade A. Fowlkes and Susan M. Fowlkes have requested permission to remove riprap rubble and an existing timber (wall) bulkhead, maintain an existing pier, plafform access way and to construct and maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier plafform measuring 24.3' length X 12.1 width in a portion of existing City property known as Lake Joyce and a 25' strip of City Property around Lake Joyce, located at the rear of 4324 Ben Gunn Road. There are similar encroachments in Lake Joyce, which is where Mr. and Mrs. Fowlkes have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 25 -foot -wide vegetated riparian buffer area consisting of a mixture of trees, woody shrubs, perennial plants and/or miscellaneous ground cover of a size and species of the applicant's choice in a mulched bed running the entirety of the shoreline, adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 25 -foot -wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environment and Sustainability Office. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate (faZ5-41L City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 25' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4324 10 BEN GUNN ROAD, FOR MEADE A. 11 FOWLKES AND SUSAN M. FOWLKES 12 13 WHEREAS, Meade A. Fowlkes and Susan M. Fowlkes desire to remove riprap 14 rubble and an existing timber (wall) bulkhead, maintain an existing pier, platform access 15 way and to construct and maintain a granite quarry stone (rip rap) revetment measuring 16 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5' 17 length X 3' width and a pier platform measuring 24.3' length X 12.1 width in a portion of 18 existing City property known as Lake Joyce and a 25' strip of City property around Lake 19 Joyce, located at the rear of 4324 Ben Gunn Road, in the City of Virginia Beach, 20 Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Meade A. Fowlkes and 30 Susan M. Fowlkes, their heirs, assigns and successors in title are authorized to 31 maintain temporary encroachments to remove riprap rubble and an existing timber 32 (wall) bulkhead, maintain an existing pier, platform access way and to construct and 33 maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X 34 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier 35 platform measuring 24.3' length X 12.1 width upon a portion of City property known as 36 Lake Joyce and the 25' strip of City property around Lake Joyce, as shown on the map 37 marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF 38 RIPRAP & PIER ACCESS IN LAKE JOYCE DATE: AUGUST 23, 2013 SHEET 1 OF 1 39 SCALE: 1" = 30'," a copy of which is on file in the Department of Public Works and to 40 which reference is made for a more particular description; and 41 42 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 43 subject to those terms, conditions and criteria contained in the Agreement between the 44 City of Virginia Beach and Meade A. Fowlkes and Susan M. Fowlkes (the "Agreement"), 45 which is attached hereto and incorporated by reference; and 46 47 48 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 49 hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 52 time as Meade A. Fowlkes and Susan M. Fowlkes and the City Manager or his 53 authorized designee execute the Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2014. CA -12953 R-1 PREPARED: 6/17/14 APPROVED AS TO CONTENTS 3//;/ DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA R. IA" M' ER, AS e4?ATE CITY ATTORNEY I PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 19th day of June, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MEADE A. FOWLKES and SUSAN M. FOWLKES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 34, BLOCK 1, SECTION 1 "; as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINESPRINCESS ANNE COUNTY, VA. FEBRUARY, 1954 SCALE: 1" = 100', prepared by FRANK D. TARRALL, JR., & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4324 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove riprap rubble and an existing timber (wall) bulkhead, maintain an existing pier, platform access way and to construct and maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier platform measuring 24.3' length X 12.1 width, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN'S: 1570-80-2438-0000; (Lake Joyce and 25' strip of City Property) 1479-89-4623-0000; (4324 Ben Gunn Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE SCALE: 1" = 30' AUGUST 23, 2013 SHEET 1 OF 1," prepared by DAVID KLEDZIK, PROFESSIONAL ENGINEER, for MARINE ENGINEERING, said exhibit plat consists of five (5) sheets, a copy of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 25 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of trees, woody shrubs, perennial plants and/or miscellaneous ground cover of a size and species of the 3 Grantee's choice, as shown on Exhibit "A" (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 4 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary encroachments sealed by a registered professional engineer, if requested by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Meade A. Fowlkes and Susan M. Fowlkes, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By /ix/al Made A. Fowikes, Owner 7/ By ( ,� A-4 ftL 717 Susan M. Fowikes, Owner STATE OF CITY! F , to -wit: The foregoing instrument was acknowledged before me this 6 C14 day of i '$ n e. , 2014, by Meade A. Fowikes. Notary Registration Number: My Commission Expires: STATE OF CITY F S ' k ‘5. , to -wit: N ary Public (SEAL) t JOANNE K BERRY I 1 Notary Public M il Commonwealth of Virginia 304820 My Commission Expires Dec, 31, 20180.11.4.01.64111111.0111~11.11 - The foregoing instrument was acknowledged before me this , 2014, by Susan M. Fowikes. Notary Registration Number: cfrafwie Notify Public My Commission Expires: 7 day of L (SEAL) JOANNE K BERRY Notary Public Commonwealth of Virginia 304820 My Commission Expires Dec. 31, 2018 APPROVED AS TO CONTENTS oa��a3�+/ PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA 1T'`. A'ME ER, SOLI TE CITY ATTORNEY 1 A i... a1 FEB 0 3 2U;/, EXISTING PER PLATFORM ACCESSWAY & STAIRS EXISTING TIMBER BULKHEAD (TO BE REMOVED FOR DISPOSAL) 6 RIPRAP RUBBLE PROPOSED 130' WRAP REVETMENT ORDINARY HIGH WATER LINE AT W TIMBER WALL 1. RUBBLE SHORELINE CONTINUES IVY & BRUSH AT BANK PIN (F) S00R d ACCESS R RECONSTRUCTION 15 BUFFER LINE PROPERTY LINE SCALED FROM PLAT 120.37' N 14'10'41" E TIE LINE 10 TIMBER ALL 8 RUBBLE SHOR UNE CONTINUES BUFFER REQUIREMENTS —REQUEST INSTALLATION VARIANCE DUE TO EXISTING VEGETATION. 1943 SF OF BUFFER RESTORATION RESULTS FROM A 15 WIDE STRIP. THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX 0, TABLE k (5) CANOPY TREES 01.5.2' CALIPER OR LARGE EVERGREEN @6' (17 UNDERSTORY TREES (4314'-15' CA4JPER OR EVERGREEN 04' (15) SMALL SHRUBS OR WOODY GROUND COVER @15'.18' BAYI AXE PINES SEC 1 LOT33 BLK 1 NIF PAMELA HAMACHER 4328 BEN GUNN RD GPIN 5 1479 89 3805 D= 20111004001025260 M9 3 P0 53 17 20' 3ff SCALE: I' = 30' ANY DISTURB OR VEGETA SHALL B GROUND COVER •1 •F, SHRUBS, OR TREES) REPLACE, IN-KIND. EXISTING TREE CANOPY PROPERTY LINE PIN (F) 1.,.._ 2 PIN (5) BAYLAKE PINES SEC 1 LO K 1 NFFX 4324 BEN GUNN RD GPIN k 1479594633 800K:3371 PAGE:1549 MB 31 PG53 230' TO BLACKBEARD RD 100.00 N 48.00'00 W BEN GUNN RD BAYLAK0 PINES SEC 1 LOT 35 BK 1 616 JOHN 8 BETTY FRISTACHI 4320 BEN GUNN RD GM k 1479895610 001)8 200409010139109 MB 31 PG 53 APPLICATION FOR ENCROACHMENT BY: MEADE FOWLKES 115 ST ANDREWS SMITHFIELD, VA 23430 EXHIBIT A PROPOSED ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE_ PRENAKEU BY: MARINE ENGINEERING 1297 BRADDOCK AVE VIRGINIA BEACH. VA 23455 SHEET 1 OF 1 DATE: AUGUST 23. 2013 Q w J 1— MOOg3° lOG1 k NI I J We 083J z611 id . SD, W c a_ za. o2J LIJ v J O a. W o I� y r gg� do zW 4¢ �m wg U �o // 11= I I ��I—III—III 4)1 ` I=1II=1II `►�=11I 1=1 I 1=1(1=1 • — I 1 {--111 111-111 -ii1=111=11r 111E111=111-:- 11-1 1=111=111, 11-111ill-111- � 1 1=1 � I1 -11=111-r, II=--II-1 11= I I -I I l-1_ �' I I �11 III=111=I 1—III-111=! -111-I r---- 1--III--III= I 1 1 1III-i I-11111111 —III -11 -11 OHW AT WALL 6 I 1 III —ill - l{!=1 -1 I CONSTRUCTION MATERIALS: CONSTRUCTION ACCESS BY STREET GEOTEXTILE FLIER FABRIC No 3 4 4 1 PROJEC1 z L M W <NN Y‹ I r �o=N z 00 h LLI m^ W rn a' z 2 �C > APPLICANT: O N o N XIX_Jo 0 o< -J W L(J & 2 CONSTRUCTION MATER! CONSTRUCTION ACCESS BY STREET CSE FE 3 k VEDI s z 0 0 w 0 O W O 0 p rceo a w z 0 E w o a_ No < 0Fcc-- �w l o Z w ►- y �O Q SQ Q O v) o t Q 0 C LI `\ U I CD�� Q U 10 w uo w ^O I _ Of CL sgm N 6 1 gE —1117 :=Hr I 8 APPLICANT: 2x8 STRINGER 2x8 CROSS TIE 4' X 4° POST CONCRETE FOOTER 2x8 CROSS 11E FACIA PROPOSED STAIR & ACCESS DETAILS 5/8 THRU BOLT DOCK WASHER 8 NUT CROSS TE & STRINGER TO POST 3.9' SCALE: 1" = 2' 16d OR 810X3 SCREW STRINGER TO CROSS TIE 8.5' 4.6' 0.8' —r 1 4' 16d TOENAIL OR 910X3 SCREW FACIA TO STRINGER MEADE FOWLKES 115 ST ANDREWS SMITHFIELD, VA 23430 2x6 DECK BOARD 16d OR 810X3 SCREW DECK BOARD TO STRINGER MARINE ENGINEERING 1297 BRADDOCK AVE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 278" RISER 276' TREAD X2 2812 STAIRWAY STRINGER 8' PILE 3.0' EXISTING PLATFORM FEB 0 3 2014 MARINE R.5-1,R)1".ZE5 Mt:I13$Ica: PROPOSED PROJECT FOR EROSION CONTROL DATUM: OHW = 0.00` SHEET 1 OF DATE: APRIL 10, 2013 REV- V / W 0 (%) W U cr) L.L W 0 0 0 0 LL 0 xS 0 s3. nL)63 INftW r - 8' PILE, 12 PLACES PROJECT FOR EROSION O 0 O II 0 = W j O Ct O aoo 0 6 LLJ W� W <coN (— 0> N N v 02d�' 00a (t W W m W N Q .— zcr E w U ( AG ow df F6 .. O YD 0 W aXCi X w V , n U - O U 0 reg U O 2x12 STAIRWAY STRINGER XB' RISER 2'X6' TREAD X2 4Cs1I3IA E1J N ,-3 . O o t -r.3,1 9 z> eil 8 ._ - e intro V' 0 APPLICANT: I 1 •OKING EAST FROM PI 'I I 1 • • KING SOUTH FROM PI '1 • OKING WEST FROM PI '� • • •••••• ••• • .• " • • • • • .• . • • • • • % • • • " • • s• ; ; • •.• • : • " % % • • • • • • • ; • ••••• " ; " • • • • • • • • • : ; ; ; ••• . . . . •.' ; "• •.::•••• • : ; • •.'• • • • • ; • • - • - • -: • • • : : : ••• : ; ; : ; • ; • •• • • : . • • . • • ••••••• • .-.• - • • - • • • % • • • - • . co) • : • • - - • ••• . • • • • • • • • • • •••• . • • •••••• • ••• W ••• • " • • • • • • • • .•• • • a • • 1. •;•••• • • ." • • n • • C? •. • CA • ; •• • • .• • II ;:%"•••••:: • 0 - . . - • - • uJ 4.) 0. N C14 z o <� wr•-• 1-- ,-, • WZ O < U - LL 0 0 0 0 1-C) E co oo c•I a. 2 a 0 0 N 0 cr) 0 City Properties 1 ITEM: An Ordinance to Transfer Funds to the FY 2014-15 Schools Operating Budget MEETING DATE: July 8, 2014 • Background: At its June 17th meeting, the School Board adopted a resolution (the "Resolution") requesting that City Council approve a transfer of $725,000 of funds to the School Operating Fund (Fund 115). These funds, which are above the amount set forth in the City and School Revenue Sharing Formula (the "Formula"), will permit the Schools to provide a 3.0% salary increase rather than the 2.79% raise previously included in the FY 2014-15 Operating Budget. A raise of 3.0% would match the pay increase provided to City employees. As proposed at Budget Reconciliation on May 6, 2014, and ultimately adopted by the City Council as part of the FY 2014-15 Operating Budget, a $725,000 reserve was established to potentially increase local funding for Schools. As intended, this amount would be part of the required local match if the General Assembly provided additional funding for education. • Considerations: The Adopted State Budget does not include a state -funded pay raise for educators. Rather, the State Budget reduces State -Aid to the Virginia Beach City Public Schools by $75,400. If the Formula was strictly applied, the local contribution would decrease by $99,093 from what is contained in the adopted City budget. School Staff has indicated that it will take steps to ensure that expenditures are reduced $75,400, so the loss of State revenue will be mitigated. The School Board in the Resolution requests the City Council provide the $725,000 set aside in the FY2014-15 Adopted Budget to allow a pay increase of 3.0%. The Resolution also provides the School Board recognizes these funds are one-time funds. The attached ordinance provides the requested $725,000. For purposes of clarity, the ordinance designates such funds as "one-time" funds that are outside of the Revenue Sharing Formula. The ordinance also directs City staff to not make any adjustments that would normally be part of the Formula based upon the adopted State Budget. • Public Information: Information will be communicated to the public through the normal Council agenda process. • Attachments: School Board Resolution; Ordinance; Memo Providing the Categorical Breakdown of the $725,000 Submitting Department/Agency: Virginia Beach City Public Schools City Manager: k 1 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2014- 2 15 SCHOOL OPERATING BUDGET 3 4 WHEREAS, the School Board requested, by resolution dated June 17, 2014, a 5 transfer of funds to the School Operating Budget to provide a 3.0% salary increase 6 rather than a 2.79% that was part of the School Board budget request provided earlier 7 this calendar year; and 8 9 WHEREAS, the 3.0% salary increase for employees of the School Board would 10 match the increase previously authorized for City employees; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $725,000 is hereby transferred from the General Fund Reserve for 16 Contingencies School Reserve to the FY 2014-15 Schools Operating Budget (115 17 Fund) in the amounts set forth below: 18 19 $21,750 the Administration, Attendance, and Health Classification; 20 $594,500 to the Instruction Classification; 21 $58,000 to the Operations Classification; 22 $29,000 to the Transportation Classification; and 23 $21,750 to the Technology Classification. 24 25 BE IT FURTHER ORDAINED: 26 27 That the funds provided herein are one-time funds that are provided outside of 28 the City and School Revenue Sharing Formula (the "Formula"), and the City Staff is not 29 to propose any funding adjustments based upon the Formula because of differences 30 between the projected State revenues upon which the FY2014-15 Adopted Budget was 31 based and the adopted State Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: an Management Services CA13051 R-1 June 24, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Ci y Key's Office 1RGIN1A. BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE School Administration Building #6, Municipal Center 2512 George Mason Dr. P. O. Box 6038 Virginia Beach, VA 23456 (757) 263-1000 MISSION STATEMENT The Virginia Beach City Public Schools, In partnership with the entire community, will empower every student to become a life-long learner who is a responsible, productive and engaged citizen within the global community. School Board of the City of Virginia Beach Daniel D. Edwards, Kempsville, Chair William J. Brunke, IV, Princess Anne, Vice Chair Beverly M. Anderson, At -Large Emma L. "Em" Davis, Lynnhaven Dorothy M. "Dottie" Holtz, At -Large Joel A. McDonald, Rose Hall Bobby Melatti, At -Large Sam Reid, Beach Elizabeth E. Taylor, At -Large Leonard C. Tengco, Centerville CaroOn D. Weems, Bayside Sheila S. Magula, Ed.D., Superintendent SUPPLEMENTAL BUDGET RESOLUTION — FY 2014/15 WHEREAS, the School Board of the City of Virginia Beach desires to increase compensation for its employees as much as possible to achieve regional competitiveness; and WHEREAS, the City Council Revenue Sharing Formula provided adequate funds to support a 2.79% FY 2014/15 salary increase; and WHEREAS, in appropriating school funds for the School Board's FY 2014/15 Operating Budget, City Council identified $725,000 above the formula to partially support a local match should there be state funds to support a pay raise; and WHEREAS, the School Board recognizes that without a state pay raise, provision of these funds to the School Board would constitute one-time funds and although the School Board recognizes the future challenges of using these one- time funds for the pay raise, the Board believes it is appropriate and necessary; and WHEREAS, the final state budget does not provide state funds for a pay raise, but those funds will be adequate to increase the funded salary increase for school employees to 3.00%; and WHEREAS, the city employees are being provided a 3.00% salary increase and City Council has generally supported comparability in compensation adjustments. NOW, THEREFORE BE IT RESOLVED: That the School Board of the City of Virginia Beach hereby requests City Council appropriate the $725,000 above the formula for FY 2014/15 to support a 3.00% pay raise for school employees; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 17th day of lune 2014 SEAL Attest: Dianne P. Alexander, Clerk of the Board nniel D. Edwards, Chairman 111 June 23, 2014 IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE Department of Budget and Finance Mrs. Catheryn R. Whitesell, Director Department of Budget & Management Services City of Virginia Beach Building 1 Virginia Beach, VA 23456 Dear Catheryn: I am sending this letter in response to your request for the categorical breakdown of the $725,000 Supplemental Budget Resolution approved by the School Board on June 17, 2014. The following reflects that breakdown. • Instruction 82% • Administration 3% • Transportation 4% • Operations 8% • Technology 3% Thank you for your assistance with this and, as always, please feel free to contact me if you should have any questions or need clarification. Sincerely, Farrell E. Hanzaker cc: Daniel D. Edwards, Chairman Aaron C. Spence, Ed.D., Superintendent Sheila S. Magula, Ed.D., Deputy Superintendent I LZ LECLAI R -RYAN May 23, 2014 VIA ELECTRONIC & FIRST CLASS MAIL Stephen J. White, PH.D., AICP City of Virginia Beach Department of Planning and Community Development Municipal Center- Bldg. #2, Rm. 115 2405 Courthouse Drive Virginia Beach, Virginia 23456 Crown Castle USA Inc. ("Crown") Change in Nonconformity Application 280 -Foot Guyed Wire Communication Tower 2231 Meadow Ridge Lane Dear Stephen: As a follow-up to my electronic mail correspondence, this letter will serve as our formal request to defer the City Council's public hearing on the referenced matter until July 8, 2014, so that we can continue to explore the feasibility of alternative locations for the replacement tower. In connection with this request, we have agreed that the "Shot Clock" review period will be extended to the July 8th hearing date. Please do not hesitate to contact me should you have any questions regarding this request. With kind regards, I am Very truly yours, i Lisa M. Murphy cc: Mr. Marvin Greer (via electronic mail) William M. Macali, Esq. (via electronic mail) E-mail: lisa.murphy@leclairryan.com Direct Phone: 757.217.4537 Direct Fax: 757.217.4599 999 Waterside Drive, Suite 2100 Norfolk, Virginia 23510 Phone: 757.624.1454 1 Fax: 757.624.3773 CALIFORNIA 1 CONNECTICUT 1 MASSACHUSETTS 1 MICHIGAN 1 NEW JERSEY 1 NEW YORK 1 PENNSYLVANIA \ VIRGINIA 1 WASHINGTON, D.C. 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, July 8, 2014, at 6:00 P.M., at which time the following applications will be heard: DISTRICT 5 - LYNNHAVEN The Terry Companies Five, LLC Application: Conditional Use Permit for Multifamily Dwellings. The proposal consists of the development of two apartrnent buildings with a total of 171 units and six condominium buildings with a total of 48 units. Ocean Shore Avenue (GPIN 1489799060). Mary Meyer Application: Conditional Use Permit for Home -Based Wildlife Rehabilitation at 547 Susan Constant Drive (GPIN 2419318651). DISTRICT - PRINCESS ANNE Franklin Johnston Group Management Development, LLC /Trustees of First Lynnhaven Baptist Church Application: Change of Zoning from AG -1 Agricultural to Conditional A-18 Apartment. The rezoning will allow development of 240 multi -family dwellings. Comprehensive Plan - Interfacility Traffic Area/Special Economic Growth Area 4. 2673 Princess Anne Road (GPIN 1494535782). VIRGINIA BEACH HORSEBACK /CHARLIE and ROSEMARY THOMPSON Application: Conditional Use Permit for Horses for Hire at 1117 Horn Point Road (GPIN 2422341670). Crown Castle Usa, Inc. Application: Al -r. i. N. . f.rmin Structure (communication tower) at an easement on the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333: 1474952149; 1474952088; 1474943936). (Deferred by City Council on May 27. 2014). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon June 22 & 29. 2014 24125045 J. PLANNING 1. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11, April 8 and May 27, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multifamily dwellings at Ocean Shore Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of MARY MEYER for a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT 5 — LYNNHAVEN RECOMMENDATION STAFF RECOMMENDS APPROVAL PLANNING COMMISSION RECOMMENDS DENIAL 4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION DENIAL 5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning from AG -1 Agricultural to Conditional A-18 Apartment re multi -family dwellings at 2673 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Relocation of a Nonconforming Structure Located on an easement within the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 1474952149; 1474952088; 1474943936). PRINCESS ANNE DISTRICT. MEETING DATE: July 8, 2014 • Background: The applicant proposes to replace an existing 285 -foot high guyed -wire communications tower with a 280 -foot high self-supporting lattice -construction communications tower. The existing tower structure does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non -conforming with regard to the required setback. Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. ■ Considerations: On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280 -foot communications tower on a site located within the rear yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280 -foot communications tower on the four lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. The existing tower has faulty welding that was performed over the years. That faulty welding was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The CROWN CASTLE Page 2 of 2 applicant indicates that the problems associated with the welding cannot be corrected, and thus, replacement of the tower is necessary. There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Staff has discussed with the applicant the relocation of the tower a greater distance from the homes than what is currently proposed. That discussion included an explanation by the applicant of the considerable cost of relocating the support equipment and of coordinating the relocation of that equipment among the many tower users. This application was deferred at the April 8, 2014 City Council meeting with the consent of Crown Castle to allow further evaluation by Crown Castle and discussion with the neighborhood. • Recommendations: Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is in such a state of disrepair that it needs to be replaced rather than repaired, staff finds that the proposed replacement of the existing tower with a new tower in a different location is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Approval of this request with the following conditions is recommended: 1. The subject site and tower shall be developed substantially in accordance with the submitted plan documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight -foot high solid wood fence, with Category I landscaping, meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed around the compound area. 3. The access road shall be gated and locked to prevent unauthorized use; additional drainage measures shall be employed, including a pipe under the access road; and the road's crush and run shall be repaired after construction. 4. The compound and the surrounding area shall be maintained free of debris. CROWN CASTLE Page 3 of 2 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. • Attachments: Location Map Staff Review and Disclosure Statements Resolution Recommended Action: Staff recommends approval with conditions Submitting Department/Agency: Planning Department n City Manager: Crown Castle USA, Inc. REQUEST: Relocation of a Nonconforming Structure July 8, 2014 City Council Hearing APPLICANT: CROWN CASTLE USA, INC. ADDRESS / DESCRIPTION: Easements located in the rear portion of lots located at 2225, 2229, 2233, and 2237 Meadow Ridge Lane GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1474952333; 147492149; PRINCESS ANNE 4.47 Acres Less than 65 dB DNL 1474952088; 1474943936 1.069 Acres (easement area) BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to replace an existing 285 -foot high guyed -wire communications tower with a 280 -foot high self-supporting lattice -construction communications tower. The existing tower structure does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non -conforming with regard to the required setback. Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 1 I The subject site contains four lots that were plated in 1952. The existing zoning of the site is AG -1 Agricultural District. The combined area of the four lots is 4.47 acres. On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280 -foot communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280 -foot communications tower on the four lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. In addition to the four single-family homes and the 285 -foot high guyed -wire communications tower, there are also numerous equipment shelters and support equipment for the existing tower located within and outside of a compound area enclosed by a chain-link fence. The existing tower has faulty welding that was performed over the years. That faulty welding was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The applicant indicates that the problems cannot be corrected, and thus, replacement of the tower is the only alternative. When the existing tower and the later single-family homes were constructed, there were minimal zoning requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been amended to require a Conditional Use Permit for new wireless communication facilities. Section 232 provides the standards that such facilities must meet. Those standards include a requirement that a tower associated with a wireless communication facility have a setback from any residential structure equal to 125 percent of the height of the tower. The applicant's new replacement tower is being moved to a location that will provide an increased setback from the existing single-family homes; however, the tower will not meet the 125 percent setback requirement. Based on the tower's 280 -foot height, the minimum required setback is 350 feet. The setback distance to the existing dwellings resulting from the new tower location ranges from a minimum of 208 feet to a maximum of 264 feet. There is sufficient area within the existing easement to locate the proposed tower so that it would meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Accordingly, in the event of a catastrophic failure of the tower structure at the base, the tower would not strike any of the existing residential structures. Staff discussed with the applicant the potential for moving the tower to a location within the easement such that the required minimum setback was met; however, the applicant indicates that the wireless communication equipment that supports the operation of the tower must be located directly adjacent to the tower in order to ensure maximum efficiency. Moreover, the applicant has stressed that relocating the equipment would be very costly due to the expense of the equipment itself and the coordination that would be required among the numerous users of the tower. The applicant submitted a structural report provided by a professional engineer, certifying that the tower is "designed to meet or exceed industry standards defined by TIA/EIA-222-G, 'Structural Standards for Steel Antenna Towers and Antenna Supporting Structures' (EIA Standard)." The report also indicates that the proposed tower will be installed on a reinforced concrete foundation that will be designed to take into consideration the soil parameters for the site based on a soil report. If a structural failure occurs, the tower is designed such that the collapse of the structure will stay within a radius of 140 feet from the base CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 2 of the tower. The report does not address the potential for or the effects of a failure at the base of the tower. EVALUATION AND RECOMMENDATION The existing tower was constructed prior to the single-family dwellings that front on Meadow Ridge Lane, and as a result, as well as prior to the requirement in Section 232 of the Zoning Ordinance for a minimum setback from a tower to a residential structure of 125 percent of the height of the tower. The existing tower does not meet the125 percent setback requirement; therefore, the tower is nonconforming with regard to this setback. Accordingly, the replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. The applicant proposes to replace the existing tower with a new tower located approximately 35 feet to the southwest of the existing tower. Even though the new location is further from the existing dwellings, the proposed tower will not meet the required 125 percent setback requirement from the existing residential structures. Based on a tower height of 280 feet, a 350 -foot setback is required. The proposed tower location will result in a setback from the existing dwellings ranging from a minimum of 208 feet to a maximum of 264 feet; therefore, the new tower will also not conform to the minimum setback required between a tower and residential structure. There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Staff has discussed with the applicant the relocation of the tower a greater distance from the homes than what is currently proposed. That discussion included an explanation by the applicant of the considerable cost of relocating the support equipment and of coordinating the relocation of that equipment among the many tower users. Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is in such a state of disrepair that it needs to be replaced rather than repaired, staff finds that the proposed replacement of the existing tower with a new tower in a different location is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Staff, therefore, recommends approval of this request with the conditions below. • • CONDITIONS 1. The subject site and tower shall be developed substantially in accordance with the submitted plan CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 3 documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight -foot high solid wood fence, with Category I landscaping, meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed around the compound area. 3. The access road shall be gated and locked to prevent unauthorized use; additional drainage measures shall be employed, including a pipe under the access road; and the road's crush and run shall be repaired after construction. 4. The compound and the surrounding area shall be maintained free of debris. 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. NOTE: 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 application are valid or any structures may be occupied. 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. CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 4 AERIAL OF SITE LOCATION CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 5 OVERALL SITE PLAN CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING .t Page 6.# fi Op OUR NA -. Aga& i i4 ; I. ! g i i ! E TOWER SWM 5 Jk!JI a ligi! ! OVERALL SITE PLAN CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING .t Page 6.# fi Op OUR NA S sf 1; k 1 r 4.1 A sst ' r-- if b; 1 I • --Intl OWN ram EXISTING COMPOUND LAYOUT CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 7 B§ II Be 1 I iii!! lig l' 14 yT R p � ',i' geTlie gg„nTC :II a TT S 8 c T"yi }ti P., , !' gg T In iY T n 5 `7 „ p, $ ` eB @ && 9gT Bg! ip t 6 %p� T d' ig !To iB a TT Tp 1 �e t : :!li i s ill 11.E ila 4 -n T '11T e� fi� T. f 9 y ¢ F T NI LA T �e @ tan Ie @ d q E 7 ITT a .4 i vi l� `5 i(Ox ! n, ;IIT Iii.114 Ix ilv; ll 11 i y: pign. ii ilyi if g�'nT� �� � s +�jn a� � ! I' �T;1 +g Ix � � �j }�E �tf iT � n ��� yyip IyiJ t �� ��Y=1 �yn5i3ig9 114b TI} Fl ,iiiiIEi T s it Rd xi! ;Iiii, Tia T Tiiiii TYTe T id'sT iii J A 4 3 6 T ts h 10: PROPOSED COMPOUND LAYOUT CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page8 O, OUR.. N. ¢ .. gl yy is nit M2 ki I In EXISTING AND PROPOSED TOWER ELEVATIONS ‘1.41A 13E4 44. CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 9 PRINCESS ANNE Ma F-12 Me. Not to Scale Crown Castle USA, Inc. ' Zoning with Conditions.Profters, Open Space Promotion Non -Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 12/13/1982 Conditional Use Permit (communications tower) Approved 08/20/1984 Conditional Use Permit (communications tower) Approved 07/11/1995 Modification to Conditional Use Permit (allow single-family homes in addition to a communications tower) Approved 2 09/10/2002 Conditional Use Permit (open space promotion) Approved 3 05/09/2000 Subdivision Variance (minimum lot width) Approved 4 12/12/1988 Conditional Use Permit (open space promotion) Approved CROWN CASTLE USA, INC), July 8, 2014 CITY COUNCIL HEARING i Page 10 F OUR NPt.� APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Crown Castle USA Inc. (See attached.) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Crown Castle International Corp. (parent); list of affiliated business entities is attached. ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) FDH, Geoline Surveying, Inc., LeClairRyan, Murphy Geomatics & Tower Engineering Professionals ' "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, (11) 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. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Ap• cant's Signature 1 Print Name Property Owner's Signature (if different than applicant) Print Name 4 1 1 1 4 1 1 1 DISCLOSURE STATEMENT CROWN CASTLE USA, INC. July 8, 2014 CITY COUNCIL HEARING Page 12 1 A RESOLUTION AUTHORIZING THE 2 RELOCATION OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 2225, 2229, 2233 and 2237 MEADOW RIDGE 5 LANE 6 7 WHEREAS, Crown Castle USA, Inc. (hereinafter the "Applicant") has made 8 application to the City Council for authorization for the relocation of a nonconforming 9 communication tower located on an easement at 2225, 2229, 2233 and 2237 Meadow 10 Ridge Lane in the AG -1 Agricultural Zoning District; and 11 12 WHEREAS, the tower does not meet the setback requirements of Section 232 of 13 the City Zoning Ordinance, which requires a tower have a minimum setback from a 14 residential structure equivalent to 125 percent of the height of the tower. However, the 15 tower was constructed prior to the adoption of the applicable zoning regulation and is 16 therefore nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 19 of a nonconforming structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed structure, as relocated, 21 will be equally appropriate or more appropriate to the zoning district than is the existing 22 use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed structure, as relocated, will 28 be equally appropriate to the district as is the existing nonconforming structure under 29 the conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the relocation of the nonconforming structure is hereby authorized, upon the 35 following conditions: 36 37 1. The subject site and tower shall be developed substantially in accordance 38 with the submitted plan documents entitled "Zoning Drawings, Crown 39 Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 40 2013 and prepared by FDH Engineering Innovation. Said plan documents 41 have been exhibited to the Virginia Beach City Council and are on file in 42 the Virginia Beach Planning Department. 43 44 2. An eight -foot high solid wood fence, with Category I landscaping, meeting 45 the City Landscape Screening and Buffering Specifications and Standards 46 shall be installed around the compound area. 47 48 3. The access road shall be gated and locked to prevent unauthorized use; 49 additional drainage measures shall be employed, including a pipe under 50 the access road; and the road's crush and run shall be repaired after 51 construction. 52 53 4. The compound and the surrounding area shall be maintained free of 54 debris. 55 56 5. The older equipment building shall be pressure washed and a section of 57 fence with vinyl slats and landscaping meeting the City Landscape 58 Screening and Buffering Specifications and Standards shall be installed 59 to shield the building from view. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Plannin CA12867 R-2 March 31, 2014 APPROVED AS TO LEGAL SUFFICIENCY: partment City Attorney's Office 2 Modification of Conditions 6 0 0 0 0 N N N L7 0 0 00 G'1 0 r r 6? .'] G'i i:j G? Ch U) V) r;. L) G•j 0 7 0 C� 0 0 0 0 r 0 0 c: i:) :�) ri; f,..23 ira rn [n rr'i r;; ,,• -, i;) r1) i 1 t 0 0 0 0 0 r C7 0 r ;, rrl in u1 rtr 1 CO a !'I W I^J) 1:1 N 0) G'7 V) U) tr, G U) +) G' O O C- n n 0 ;y G') U) 0,4 0 0 0 „ ;dr) cdt 'r u ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE TERRY COMPANIES FIVE, LLC (Applicant & Owner), Conditional Use Permit for Multifamily Dwellings. Ocean Shore Avenue (GPIN 1489799060). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: July 8, 2014 ■ Background: A Conditional Use Permit permitting up to 158 multifamily units within six buildings on this site was approved by the City Council on December 7, 2004. The project was designed to provide a village -style community of six mid -rise residential buildings, five to seven stories high. The applicant is now proposing a different layout and building design, which is a major change to the original concept; therefore, a modification to the original Conditional Use Permit is required. • Considerations: The modification consists of a request for 48 owner -occupied condominium units and 171 apartment units (219 total units), which is an addition of 61 units over the previously approved 158. The site is zoned B-4, which would allow a maximum density of 269 dwelling units with a Conditional Use Permit. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 7, 2004, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Point Chesapeake, Virginia Beach, Virginia," dated TERRY COMPANIES FIVE Page2of3 03/20/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 3. When the buildings depicted on the exhibit referenced in Condition #2 above are constructed, the number of stories, exterior building materials and the architectural design shall be in substantial conformance with the elevations entitled, "Conceptual Architectural Rendings, Point Chesapeake, The Terry Companies Five, L.L.C.," dated 0/16/14, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site, shall be submitted to the Planning Director prior to final site plan review approval, so that no structural fill is required in a "VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, for the construction of a public pedestrian/bike, ADA accessible pathway with a minimum width of eight feet, on the Point Chesapeake property, connecting to the City property adjacent to and under the bridge. 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition #2 above. The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic, freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the condominium units shall be located substantially at the location identified on the exhibit referenced in Condition #2 above and limited to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the condominium buildings. 9. The freestanding identification sign for the apartment buildings shall be limited TERRY COMPANIES FIVE Page 3of3 to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 10.Other than a building mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 11. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 12. Ground floor and second floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the brick columns of the building, or by other means acceptable to the Planning Director. 13. Trash compactors and dumpsters shall be screened from view from the rights- of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings' facades. 14. The following shall not be located between the public rights-of-way and the buildings' facades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 15.AII easements, utility easements or otherwise, shall be identified on the final site plan. 16. Roof -mounted equipment shall be screened from view of all public rights-of- way and from any public open space. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Co 'fmission recommends approval. Submitting Department/Agency: Planning Department City Manager: �;��� , The Terry Companies Five, L.L.C. •Z...,c..+tkons/ n.,. OP. SD. Shore/Nye oro* REQUEST: Modification of a Conditional 2004. ADDRESS / DESCRIPTION: GPIN: 14897990600000 Modification of Conditions 1 June 11, 2014 Public Hearing APPLICANT & PROPERTY OWNER: THE TERRY COMPANIES FIVE, LLC STAFF PLANNER: Carolyn A.K. Smith Use Permit for multifamily dwellings, approved by City Council December 7, Cherry Tree Place / Ocean Shore Avenue ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 7.47 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background The Conditional Use Permit permitting up to 158 multifamily units within six buildings on this site was approved by the City Council on December 7, 2004. The project was designed to provide a village -style community of six mid -rise residential buildings, five to seven stories high. The original Conditional Use Permit has three conditions. These conditions are provided at the end of this report. In 2006, modifications to the 2004 approval were administratively approved, as the revisions were deemed to be in substantial conformance with the original concept. As the current proposal is a major change to the original concept, a modification to the original Conditional Use Permit is now required. Details The modification is a request for 48 owner -occupied condominium units and 171 apartment units, totaling 219 units, which is an addition of 61 units over the prior approval. The maximum allowable density under the B-4 District permits up to 269 dwelling units, with a Conditional Use Permit. During final site plan review, the applicant will address a request by the Department of Public Works for approximately 2,000 square feet of property for right-of-way and construction easements related to intersection improvements THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 1 along Cherry Tree Place. Proposed vehicular ingress/egress to the site is through three access points on Ocean Shore Avenue. Based on this design, it appears that most of the public parking within the Ocean Shore Avenue cul-de-sac will be eliminated. There is an existing one -foot no ingress/egress easement along Shore Drive. An area is designated on the plan at the corner of Shore Drive and Cherry Tree Place as a potential location for an iconic identification feature such as public art. The Lesner Bridge replacement project includes the construction of a wall, one foot from the property line. The decorative wall with precast concrete panels will be approximately three feet in height near the Shore Drive, Cherry Tree Place intersection and rise to approximately 17 feet above grade at the highest point, near the proposed Clubhouse. The site is laid out as two distinct communities. The condominiums are within a gated area with separate parking areas and amenities. Use of the existing gazebo, slated for renovation, will be limited to the condominium residents, who will also have a separate beach access. The apartment dwellers will utilize the existing public beach access off of Ocean Shore Avenue. As a result of the 2004 Conditional Use Permit, the property owner deeded a variable width public beach easement along the shoreline. The 171 `luxury' apartments are proposed in two, five -story buildings. The 48 for -sale condominium units are proposed in six, five -story structures, each with private, two -car garages. The apartments will be a mix of one, two, and three bedroom units. In compliance with the parking requirements of the Zoning Ordinance, 312 total parking spaces are proposed. Up to 187 spaces are planned as covered parking spaces within the two apartment buildings. While not depicted on the concept plan, motorcycle and bicycle parking will be required. According to the applicant, stormwater management will be provided through a series of infiltration trenches located under the pavement. Some pretreatment of the stormwater may also be provided via a vortex -type unit, commonly used in parking lots. This will be addressed during final site plan review. The submitted elevations depict primary exterior materials for all of the proposed buildings as a mix of cement fiberboard lap siding and shingles, masonry veneer, architectural grade asphalt shingles and standing seam metal roof accents. The balconies will be constructed with weather resistant materials of aluminum, black, powder -coated railings and white, cellular PVC columns. As a result of the Lesner Bridge replacement, a seawall is proposed along the shoreline to protect the bridge's pilings and abutments. In February 2013, the Wetland's Board authorized the construction of a seawall and walkway on the property, which will connect to the bridge's seawall. As designed, the seawall will enable an increase in elevation of the property from approximately 10 feet to 13 feet above sea level. As a portion of this property is within the "VE" zone of the floodplain, the applicant has indicated that a floodplain map revision from the Federal Emergency Management Agency (FEMA) will be pursued, based on the increase in site elevation created by the seawall. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building SURROUNDING LAND North: • Chesapeake Bay USE AND ZONING: • Multifamily dwellings / B-4 Business District South: • Shore Drive • Restaurants, Pilot Associations / B-4 Business District East: • Cherry Tree Place • Multifamily dwellings / B-4 Business District THE TERRY COMPANIES FIVE;.,.,.. Agenda Item 1 Page 2 West: • Chesapeake Bay • Multifamily dwellings / B-4 Business District NATURAL RESOURCE The waterfront site is in the Chesapeake Watershed. As the site was AND CULTURAL previously developed and those structures have since been either FEATURES: removed or relocated on the property, the site is mostly sand with sparse vegetation. With the Lesner Bridge replacement project, a seawall is proposed to protect the bridge's pilings and abutments. It is the applicant's intent to construct a seawall on the site and tie into the bridge's seawall. This will enable an increase in elevation of the property from approximately 10 feet to 13 feet above sea level. As a portion of this property is within the "VE" zone of the floodplain, the applicant has indicated that a map revision from FEMA will be pursued, based on the new elevation created by the seawall. In February 2013, the Wetlands Board approved the installation of a 600 linear foot seawall, a 10 -foot wide porous pavement walkway parallel to the wall and 1,818 square feet of impacts to the primary coastal sand dune/beach. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area 1 -Shore Drive Corridor. The Corridor extends from Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east -west connectors. The area is considered a resort neighborhood and not a resort destination. Recommendations include: preservation and protection of the character of the established neighborhoods; allowance of the lowest reasonable density for future residential uses; improvement of public parking and public access to the beachfronts; and, promotion of corridor beautification. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive is a four -lane, urban, major arterial. The site's entire frontage along Shore Drive is part of CIP Project 2.168.000 Lesner Bridge Replacement, which is scheduled to begin construction in June 2014. The eastern project limits are at the Page Avenue intersection. Page Avenue is also the western project limit of CIP Project 2.117.000 Shore Drive Corridor Improvements — Phase III which is approaching 65 percent design, pending completion of a drainage study. The intersection of Page Avenue, Cherry Tree Place, and Shore Drive will be modified with this project. Ocean Shore Avenue, Cherry Tree Place, and Page Avenue are all two-lane local streets. They are not named in the MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 37,600 ADT 1 27,300 ADT 1(Level of Service "C") - 31,700 ADT 1 (Level of Service "E") Existing Land Use `— 947 ADT / 5,310 ADT Proposed Land Use 3-1,500 ADT 'Average Daily Trips 2 as defined by 158 multifamily units / as defined by a typical B-4 use on 7.63 acres 3 as defined by 171 apartments & 48 condominiums WATER: This site must connect to City water. There is an existing six-inch City water main along Ocean THE TERRY COMPANIES FIVE,xLLC Agenda Item 1 Page 3 Shore Avenue and along Cherry Tree Place, and a 16 -inch City water main along Shore Drive. SEWER: This site must connect to City sanitary sewer. There is an 8 -inch City sanitary sewer main along Ocean Shore Avenue and a 10 -inch City sanitary sewer main along Cherry Tree Place. There is an 8 - inch City sanitary sewer main and a 16 -inch HRSD sanitary sewer force main along Shore Drive. There is an abandoned eight -inch plugged City water main extending from Shore Drive, and an abandoned four - inch plugged water service line and an abandoned six-inch plugged water service line located onsite with a variable width public utility easement. Analysis of Pump Station #200 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Enrollment Capacity Existing CUP' Proposed CUP1 2 Change John D. Dey Elementary 868 860 13 19 6 Great Neck Middle 1,097 1,360 6 7 1 Cox High 1,894 1,937 9 7 -2 'Number of students 2 "change" represents the difference between the number of potential or actual students generated under the existing approved Conditional Use Permit (CUP) and the number generated under the proposed modified Conditional Use Permit and existing zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION The Modification to the Conditional Use Permit request for up to 219 multifamily dwellings on this almost eight -acre site is generally consistent with the Shore Drive Corridor Suburban Focus Area. With the increase of 61 units above the 2004 approval, the proposed density remains reasonably below the 269 units permitted under the B-4 District. The applicant has worked diligently with Staff to respect the primary coastal sand dunes and the components of the Resource Protection Area by minimizing impacts and locating the structures outside of these sensitive areas. According to the applicant, the redesign of the proposal reflects the desires of adjacent property owners who prefer limiting the height to five stories and preserving existing water views as much as possible. The modification was presented to the Bayfront Advisory Committee at their May meeting. No opposition was raised. The Shore Drive Corridor Design Guidelines identify this project site to be located within the "Blue Zone" generally located between the intersection with Vista Circle encompassing the Lesner Bridge and its approaches up to the intersection with Surry Road. The "Blue Zone" is unique in its close orientation to the Lynnhaven River and the Chesapeake Bay, with the objective being to facilitate views to the water environment. The design principles found in the Comprehensive Plan's Special Area Development Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. It is staffs conclusion that the project meets the majority of these Guidelines, particularly with regard to those summarized below. DESIGN GUIDELINES: Street Elevation — Multiple -unit residential buildings should have at least one street -oriented entrance and contain the principal windows of the front unit. The proposed apartment building elevations meet this requirement. THE TERRY COMPANIES FIVE, I -LC Agenda Item 1 Page 4 Building Facades - Facades should: utilize articulation to reduce the scale and one-dimensional appearance of buildings to provide visual interest; employ wood, cedar shingles, hardboard siding, lightweight concrete siding, or shingles with foundation walls of brick, split -faced block, or painted concrete. It is Staff's opinion that the submitted elevations meet these Guidelines with the use of recessed porches, roof accents and articulation between building materials. The submitted elevations depict the use of high quality building materials of cement fiberboard lap and shingle siding, brick and standing seam metal roof accents and a brick foundation on the first floor. Shore Drive Building Orientation - Fronts and sides of buildings oriented toward Shore Drive should incorporate one-story porches, arcades, bay windows, entry areas, awnings, or other such features. The proposal is consistent with this recommendation via the use of porches and roof awnings as accents. Material Changes - Walls of more than one material should only change material along a horizontal line, not a vertical or diagonal line, and the heavier material should always go beneath the lighter material. The proposal is not consistent with this Guideline. Specific suggestions were submitted to the applicant; however, no changes to the buildings' elevations were made. Landscape Plans — Plant material must adhere to the City development ordinances and special provisions in the Shore Drive Recommended Plant Materials List (Spring 1999). As a detailed Landscape Plan was not submitted, Staff recommends conditions to address this deficit including: the use of informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind; and the installation of additional plantings beyond the minimum requirements as outlined in the conditions. Parking Areas - Placement of parking should minimize and conceal large expanses of paving. Staff is recommending a condition that the ground floor parking be screened from view with a solid wall, minimum height of four feet, at the base of the structure and/or in between the building's brick columns. This is consistent with the Landscaping Guide's requirements for parking garages. Signage - The style, size, color, and building material of all signs should be durable, attractive, and coordinated with materials used on the primary structure and coordinated throughout the site. Staff recommends a condition to address this Guideline. Based on general consistency with these Guidelines and maintaining the spirit of the 2004 approval, Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 7, 2004, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Point Chesapeake, Virginia Beach, Virginia," dated 03/20/14, prepared by MSA, P.C., which has been exhibited to the Virginia THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 5 Beach City Council and is on file in the Department of Planning. 3. When the buildings depicted on the exhibit referenced in Condition #2 above are constructed, the number of stories, exterior building materials and the architectural design shall be in substantial conformance with the elevations entitled, "Conceptual Architectural Rendings, Point Chesapeake, The Terry Companies Five, L.L.C.," dated 0/16/14, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site, shall be submitted to the Planning Director prior to final site plan review approval, so that no structural fill is required in a "VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, for the construction of a public pedestrian/bike, ADA accessible pathway with a minimum width of eight feet, on the Point Chesapeake property, connecting to the City property adjacent to and under the bridge. 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition #2 above. The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic, freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the condominium units shall be located substantially at the location identified on the exhibit referenced in Condition #2 above and limited to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the condominium buildings. 9. The freestanding identification sign for the apartment buildings shall be limited to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 10. Other than a building mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 11. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 6 12. Ground floor and second floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the brick columns of the building, or by other means acceptable to the Planning Director. 13. Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings' facades. 14. The following shall not be located between the public rights-of-way and the buildings' facades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 15. All easements, utility easements or otherwise, shall be identified on the final site plan. 16. Roof -mounted equipment shall be screened from view of all public rights-of-way and from any public open space. NOTE: 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. THE TERRY COMPANIES FIVE, .LC.: `Agenda Item 1 Page 7 Conditions of December 7, 2004 Conditional Use Permit 1. The site shall be developed substantially in accordance with the submitted exhibits entitled "POINT CHESAPEAKE, CONDOMINIUMS ON THE CHESAPEAKE BAY", (Site Plan, Aerial Site Model, Aerial Renderings), prepared by CMSS Architects, PC, for Terry Companies Five, L.L.C. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 2. Architectural elevations, building material samples, and color samples shall be submitted for review with the site plan during detailed site plan review in the City of Virginia Beach Planning Department / Development Services Center. 3. Subject to a revised reservation to maintain the existing and/or substantially the samegzebo on the property, the applicant shall dedicate a public perpetual recreational easement and a perpetual beach replenishment and maintenance easement on or to facilitate the perpetual right of the City and the Army Corps of Engineers to maintain, restore and replenish the public beach. The easement shall run form the mean low water mark on the property to a point that encompasses all of the sandy beach seaward of the newly established dune line which shall be determined during details site plan review in the Planning Department/Development Services Center, but in no event shall be easement be Tess than 100 feet landward from the mean low water mark. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT THE TERRY COMPANIES FIVE,`LLC Agenda Item 1 Page 8 '.'iZ\\\\\\\\\\'i AERIAL OF SITE LOCATION THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 9 I PROPOSED SITE LAYOUT THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 10 oe-:ie 7u:.wi.aw.e:-.: MULTIFAMILY CONDOMINIUM ELEVATIONS THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 11 pfgs MULTIFAMILY APARTMENT ELEVATIONS THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 12 LYNNHAVEN Map G-3 Alan Not to Scab Lesner Bridge The Terry Companies Five, L.L.C. SHORE DRIVE Lynnhaven River ' Zoning with Conditions/Proffers. Open Space Promotion SD = Shore Drive Overlay Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 12/07/2004 Conditional Use Permit (Multifamily Dwellings) Approved 04/09/1991 Nonconforming Use Approved 03/22/1982 Street Closure Approved 2 01/23/1996 Conditional Use Permit (Rooftop Communication Tower) Approved 3 07/09/1996 Conditional Use Permit (Rooftop Communication Tower Approved 4 04/08/2003 Reconsideration of Rezoning Approved 01/14/2003 Rezoning (B-4 (SD) Resort Commercial/Shore Drive Corridor Overlay to A-12 Apartment with a PD -H2 Planned Unit Overlay District) Denied 5 01/14/2003 Conditional Use Permit (Multifamily Dwellings) Approved 6 06/27/1995 Modification of Conditions Approved 02/28/1995 Modification of Conditions Approved 03/22/1994 Conditional Use Permit (Watercraft rental) Approved 7 05/24/1994 Conditional Use Permit (Marina) Approved 8 07/10/2007 Conditional Use Permit (Recreational Facility) Approved 06/11/1996 Street Closure Approved 9 10/10/2000 Street Closure Approved 10 04/27/2004 Conditional Use Permit (Off-site Parking Lot) Approved 11 08/14/2001 Conditional Rezoning (B-4 Resort Commercial/Shore Drive Corridor Overlay to Conditional A-18 with PD -H2 Planned Unit Development Overlay) Approved 12 08/09/1994 Conditional Rezoning (R-10 Residential to B-4 Resort Commercial) Approved THE TERRY COMPANIES FIVE, LLC Agenda Item 1 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Applicant: The Teny Companies Five, L.L.C., a Virginia limited liability company Members: Point Chesapeake, L.L.C. and Napolitano III, L.L.C. 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Point Chesapeake, L.L.C. Napolitano III, L.L.C. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or em Ioyee of the City of Virginia Beach have an interest in the subject land? Yes No N1 1 If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT THE TERRY COMPANIES FIVE,`j Agenda Item 1 Page 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. - Engineering Services Porterfield Design Center - Land Planner Cox, Kliewer & Company, P.C. - Architect '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. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. THE TERRY COMPANIES FIVE, L.L.C. John H. Peterson, Ill Assistant Operating Manager BY: A scant' i natu App g re N/A Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT THE TERRY COMPANIES FIVE, ;LL' Agenda Item 1 Page 15 Item #1 The Terry Companies Five, L.L.C. Modification of a Conditional Use Permit Ocean Shore Avenue District 5 Lynnhaven June 11, 2014 CONSENT An application of The Terry Companies Five, L.L.C. for a Modification of a Conditional Use Permit for multifamily dwellings, approved by City Council December 7, 2004 on property located at Cherry Tree Place / Ocean Shore Avenue, District 5, Lynnhaven. GPIN: 14897990600000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on December 7, 2004, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the property shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Point Chesapeake, Virginia Beach, Virginia," dated 03/20/14, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 3. When the buildings depicted on the exhibit referenced in Condition #2 above are constructed, the number of stories, exterior building materials and the architectural design shall be in substantial conformance with the elevations entitled, "Conceptual Architectural Rendings, Point Chesapeake, The Terry Companies Five, L.L.C.," dated 0/16/14, prepared by Cox, Kliewer & Company, P.C., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this site, shall be submitted to the Planning Director prior to final site plan review approval, so that no structural fill is required in a "VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, for the construction of a public pedestrian/bike, ADA Item #1 The Terry Companies Five, L.L.C. Page 2 accessible pathway with a minimum width of eight feet, on the Point Chesapeake property, connecting to the City property adjacent to and under the bridge. 6. A Landscape Plan shall be submitted during final site plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the site, beyond that depicted on the exhibit identified in Condition #2 above. The final site plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic, freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the condominium units shall be located substantially at the location identified on the exhibit referenced in Condition #2 above and limited to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the condominium buildings. 9. The freestanding identification sign for the apartment buildings shall be limited to a monument style sign, no taller than eight feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 10. Other than a building mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 11. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 12. Ground floor and second floor parking spaces shall be screened from view from all rights-of- way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the brick columns of the building, or by other means acceptable to the Planning Director. 13. Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings' facades. 14. The following shall not be located between the public rights-of-way and the buildings' facades unless screened by a method approved by the Planning Director: heating and Item #1 The Terry Companies Five, L.L.C. Page 3 ventilation equipment, generators, any other mechanical equipment; and trash receptacles and compactors. 15. All easements, utility easements or otherwise, shall be identified on the final site plan. 16. Roof -mounted equipment shall be screened from view of all public rights-of-way and from any public open space. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approved item 1. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Oad/SUOQ!pUOD f5usuoZ Uo1lowold aaedS uadp 's' 113!!M J0.1 dnO uogeppgeqaly 1+7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY MEYER (Applicant & Owner), Conditional Use Permit for Home - Based Wildlife Rehabilitation. 547 Susan Constant Drive (GPIN 2419318651). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: July 8, 2014 • Background: The applicant requests a Conditional Use Permit to allow continued use of the site as a Home -Based Wildlife Rehabilitation center. The applicant has been operating as a Home -Based Wildlife Rehabilitation service, and was notified by a Zoning Inspector of the need for a Conditional Use Permit. • Considerations: The applicant is a volunteer home-based Category II wildlife rehabilitator. After receiving animals from animal control, SPCA, state parks, veterinarians, or other sources, the applicant rehabilitates the animals until they are able to be released back into the wild. As necessary, this includes administering full inoculations for rabies, parvovirus, distemper, and other illnesses. The applicant rehabilitates a variety of animals such as dogs, cats, songbirds, raccoons, foxes, grey squirrels, opossums, and others. The greatest period of rehabilitation activity occurs between April and September. Further details pertaining to the applicant's operation as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-3, recommends denial of this request to the City Council. Staff recommended approval of the request to the Planning Commission with the following conditions: 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home -Based Wildlife Rehabilitation Center. MARY MEYER Page 2 of 2 2. No animals shall be dropped -off between the hours of 10:00 pm and 7:00 am. 3. The applicant shall maintain the existing eight -foot high privacy fence located along the western lot line such that all activity and all structures associated with the Home -Based Wildlife Rehabilitation Center are screened from view. 4. This Conditional Use Permit shall be contingent on the applicant securing all necessary approvals with regard to the Chesapeake Bay Preservation Area. 5. No animals shall be released at the subject site after being rehabilitated. 6. The existing 10'x10' shed structure shall not encroach into the side yard setback any greater than the existing 2 feet. • Attachments: Staff Report and Disclosure Statements "VDGIF Wildlife Rehabilitation Permit Conditions" Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department k City Manager: R2of • Z..S.Y.ia C.wdemA ahr". O... Spate homer Mai CUP for trldlife Rehabilitation REQUEST: Conditional Use Permit (Home -Based Wildlife Rehabilitation) ADDRESS / DESCRIPTION: 547 Susan Constant Drive GPIN: 24193186510000 2 June 11, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MARY MEYER STAFF PLANNER: Kristine Gay ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 15,215 square feet Less Than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow continued use of the site as a Home -Based Wildlife Rehabilitation center. The applicant has been operating as a Home -Based Wildlife Rehabilitation service, and was notified by a Zoning Inspector of the need for a Conditional Use Permit. The applicant and property owner, Ms. Meyer, is a volunteer home-based Category II wildlife rehabilitator. After receiving animals from animal control, SPCA, state parks, veterinarians, or other sources, Ms. Meyer rehabilitates the animals until they are able to be released back into the wild. As necessary, this includes administering full inoculations for rabies, parvovirus, distemper, and other illnesses. The applicant rehabilitates a variety of animals such as dogs, cats, songbirds, raccoons, foxes, grey squirrels, opossums, and others. The greatest period of rehabilitation activity occurs between April and September. In addition to being a Category II Wildlife Rehabilitator, the applicant is also a Registered Nurse (BSRN), licensed in the Commonwealth of Virginia, and has a background in critical care. MARY MEYER Agenda Item 2 Page 1 The subject site is 15,214 square feet in area. Centered on the site is a one-story, detached, single-family house. Adjacent to the western facade of the house is a 10' x 10' screened "shed" that is used by the applicant to cage foxes and raccoons while they are being rehabilitated. The shed is eight feet tall and is built on wooden posts in lieu of a concrete slab or footers. Other than this outdoor cage (screened shed), the applicant will, at times, temporarily use mobile, collapsible -style cages when needed. The applicant has an eight -foot high privacy fence that projects westward from the front facade of the house, and then, runs along the western lot line, providing screening of the rehabilitation use. The general area used for rehabilitating wildlife is to the west of the house. This area is no larger than 18' x 46' (828 square feet), and extends from the front privacy fence to no farther than the rear facade of the house. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: USE AND ZONING: South: East: West: • Susan Constant Drive First Landing State Park / P-1 Preservation District • Strattons Creek • Single-family dwellings / R-20 Residential District • Single-family dwellings / R-15 Residential District • Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The subject site is located within the Chesapeake Bay CULTURAL FEATURES: Preservation Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Focus Area 7 - North Beach Area. The proposed use is consistent with the land use policies of the Comprehensive Plan subject to the use being screened to reduce potential negative impacts from associated noise and odor. 0 EVALUATION AND RECOMMENDATION The applicant and property owner, Ms. Meyer, is requesting a Conditional Use Permit to allow the continued use of her site as a Home -Based Wildlife Rehabilitation Center. Section 242.3 of the City Zoning Ordinance provides 'specific standards' for such a use (these 'standards' are listed on Page 9 of this report for reference). Based on observations made by staff during a visit to the site, the summary of the operation submitted by the applicant, and verification of licensure, staff finds that the applicant meets all of the ten standards of Section 242.3. During Staff's site visit, it appeared as though all animals were provided adequate food, water, shelter, exercise, and lighting. The applicant was caring for a number of animals that had more than sufficient cage area. There did not appear to be any nuisance generated by insects, excessive odor, dust, or noise from the subject use. There was no signage on display which advertised the volunteer wildlife rehabilitation service and the only shed/cage structure and general space used for rehabilitating the animals occupied Tess than 20 percent of the subject lot. MARY MEYER Agenda Item 2 Page 2 The applicant has submitted verification of her Category IIA licensure and Wildlife Rehabilitator Permit from the Virginia Department of Game and Inland Fisheries. This permit states that the applicant is prepared to rehabilitate high risk rabies species, nonmigratory birds, and small mammals. This permit also states the primary goal of the permittee is to return injured or orphaned native animals to their natural habitat, as quickly as possible, providing them with reasonable chance to function and behave normally within its native population and ecosystem. The subject site is located in the Chesapeake Bay Preservation Area (CBPA). The applicant submitted a Preliminary Project Request (PPR) form on Tuesday, May 13, 2014. The PPR was reviewed on Tuesday, May 20, 2014. As part of the Home -Based Wildlife Rehabilitation use, the applicant has a 10' x 10' shed, which is attached to the house and is located within the landward 50 feet of the CBPA. Development Services Center Staff has indicated that the applicant's PPR is eligible for an administrative variance and that the aforementioned shed is approvable. A condition, therefore, is being recommended with this Use Permit, if approved, which requires that all necessary CBPA approvals be obtained by the applicant. Further, the shed structure encroaches approximately two feet into the ten -foot side yard setback required by the Zoning Ordinance for the R-15 District. The City Zoning Ordinance, however, will allow a detached shed of this side to be located no closer than five feet to a side or rear lot line. Thus, if the applicant's shed structure was detached from the home, it could be up to three feet closer to the side lot line. Staff, therefore, views the existing encroachment into the side yard setback as being acceptable and has included a condition which addresses and limits this encroachment into the setback. Ms. Meyer is the only person associated with this wildlife rehabilitation service. Animals in need of rehabilitation are transported to the site by a vehicle, and after rehabilitation, the animals are transferred by vehicle again to their natural habitat and released. Viewing the property from the public right-of-way of Susan Constant Drive, as well as from adjacent properties to the east and west, staff concludes that one cannot visually perceive that in addition to a single-family house, the property owner also uses the site to rehabilitate wildlife. For the above reasons, as well as general consistency of the item with the policies of the Comprehensive Plan, Staff recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home -Based Wildlife Rehabilitation Center. 2. No animals shall be dropped -off between the hours of 10:00 pm and 7:00 am. 3. The applicant shall maintain the existing eight -foot high privacy fence located along the western lot line such that all activity and all structures associated with the Home -Based Wildlife Rehabilitation Center are screened from view. 4. This Conditional Use Permit shall be contingent on the applicant securing all necessary approvals with regard to the Chesapeake Bay Preservation Area. MARY MEYER Agenda Item 2 Page 3 5. No animals shall be released at the subject site after being rehabilitated. 6. The existing 10'x10' shed structure shall not encroach into the side yard setback any greater than the existing 2 feet. NOTE: 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. MARY MEVER Agenda Its 2 Page 4 AERIAL OF SITE LOCATION MARY MEYER Agenda Item 2 Page 5 1 PHOTO OF SITE FROM SUSAN CONSTANT DRIVE GOOGLE STREET VIEW OF SITE FROM SUSAN CONSTANT DRIVE MARY MEYER Agenda Item 2 Page 6 10'X10' SHED/CAGE STRUCTURE MARY MEYER Agenda Item 2 Page 7 VIEW OF FENCING FROM SUBJECT SITE VIEW OF FENCING FROM ADJACENT PROPERTY TO THE WEST MARY MEYER Agenda Item 2 Page 8 City Zoning Ordinance Section 242.3, Home -Based Wildlife Rehabilitation Center: (a) Each operator shall ensure that each animal is provided th (1) Adequate food and nater. (2) Adequate shelter that is clean and ofthepropertypeand size for the particular type o fan imal and its age. size. species. and weight, (3) Adequate exercise. (4) Adequate lighting. and (5) Veterinary care as n ecessary to prevent suffering or disease transmisson ib) Each operator shall hold a valid category I or category II A or 8 wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries. and a migratory bird vi.ildhfe rehabilitation permit issued by the U nited States Fish and YJ ildlife Service i fth a operator rehabilitates migratory birds. (c) Only species for which an operatorholdscurrent state and, ifapplicable. federal permits shall be kept in such a facility for more than twenty-bur(24) hours All animals not authorized to be kept pursuant to such permits shall be transported to anappropnatevutdhfe rehabilitation center or a permitted home-based wildlife rehabilitation facihty vdthin twenty-four (24) hours o (receipt o fsuch animal (d)No operator shall keep a greater number ofanimals atany one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator (e) No animal shall be kept at any such facility bra period in excessofonehundredand eighty(1801days (f) All animals shall be kept or maintained in such manner that a nuisance isnot generated by insects. excessive odor. dust. noise. or other conditionsdeemed by the apn in g administratorto be detrimental to the community h ealth safety and welfare (g) Removal o fdead animals shall be conducted in accordance with the provisanso fsection 5-14 ofthe Code ofthe City ofVirginiaBeach The home-based rehabilitator shall be the owner ofthe wildlife they are rehabilitating for the purposesofCityCodesection 5-14 h) Removal o fall waste. including medical waste. shall be conducted daily in accordance with the provisions ofsection 31-7ofthe Code ofthe CityofVirginia Beach (i)All structures. buildings. or cages used for the shelter ofanimalsshall compywith thedimensionalrequirements ofthe zoning distnct n vh ch the facilityis located, provided that cages or other valdhfe confinementareas shall not occupy morethan a total o(twenty (20) percent ofthe lot on which the facility is located Structures in which animals are con fined shalt notexceed eight(8)et in height ,)There shall be no signs pertainngto the use on the property otherthan one (1)non-illuminated sign. notto exceed one(1)square bot in area. that may provide identification ofthe fecihty, notice to the public o fany potential hazardsrelated to the operation ofthe facility. and notice to the public ofbasic instructions for delivery ofsick. injured, orphaned. or displaced vdldhfe. City Zoning Ordinance Requirements for Home -Based Wildlife Rehabilitation Centers MARY MEYER Agenda Item 2 Page 9 Nem rr dwn ',ono MSO* w V.1 0 44.0uo.814/r411111 1403 **331410 OW 'o HOLM/ 1Y04 *111 1440 *Bd•W 11 O *301 so ■ol 4WP 101 Weld BIM V4/0 30N301831 H3A311 0 Mao 1,110 1 1 1 Ai i; 21 gliv was{ a 11*, -1 ir.e. 1 SHED 1 W.LOW Gomm, > m r Sr • • ▪ , ▪ i • i I? ?. 7 li ,___bi M !hip: 11 r a+�• 4 00, s 0 0, Tye 1 R S 1 J 0 a Y • ww 0 w CCZ W J 0 6 F t a z r 0 F 0 1- 0 0. SITE SURVEY MARY MEYER Agenda Item 2 Page 10 Permit Type: Renewal Virginia Department of Game and Inland Fisheries 4010 West Broad Street, P.O_ Box 11104, Richmond, VA. 23230-1104 (804) 367-1000 (V/TDD) Unt er Authority of3 29.1417 d 529.14171V the Code of iiirgrihrt Wildlife Rehabilitator Permit Fee Paid: $10.00 VADGIF Permit No. Permittee: Ms. Mary Meyer Address: 547 Susan Constant Drive VA Beach, VA 23451 Business: Wildlife by Mary Cateaorry for which Applicant is Authorized: Category IIA Animals Permittee is Prepared to Rehabilitate (at time of issuance): alifigit2a ID Number Sclentifoc Name High risk rabies species Noswigratcry Birds Small Mammals Permit Information, 1,lat, s�l 050491 Home: (759) 515-3636 Office: City/County: Virginia Beach City/County: . Virginia Beach Jf Category I, Name of Sponsor, if Category II, Name of Category 1 Permittees Under Your Suoervison: Proof of rabies immunization (2012, 2013) is on file io ills. knit Cabria, 547 Susan Ceautant Drive, Virginia the permits office. �'d' VA 23151 •This permit dots nes ebtsohe the permitter of any responsibilities a conditions of any other federal, state, or local laws and regulations, inchnding those that apply to threatened/endangered apucies. •All wildlife possessed under the authority of this permit shall terrain the property of the Stec of Virginia ori d under the primary jurisdiction of this Agency'. 'The primary goal of the permittee is to return tared or 0z$ aped native animals to thea natural habitat as gniddyas peasibtesprovidinR them with a able chance to function and ehave normal .n its Mon ami ecosystem. , V•ild3rfe un • vine re ei. mien a 1 .. played or »• , uQty pre -immunized bundlers w01 be permitted to handle high risk rabies animals fracecooa, *arks, foxes, bate, woodchucks). .A pp. revonsibie for reviewing, understanding, and complying with all wildlife rehabilitation permit conditions that was distributed to them and t:,a slay bel std on Lia pe..1 Jt. tf ea applicant has nes receival a cops cf the nnrnprn4. tt ti _ _p=nie cccdilons, they taunt contact the Petnittiu Section at (804)367.9588. Failure to comply with permit conditions may constitute an offense and may also result in permit revocation. Approved by: 1 • Applicants may appeal pemtt decisions within 60 Jaya of issuance. The appes must be in writing to the Director, Department of Game and Inland Fisheries. Title: $d L. Steinkomile - Permit Supervisor Date: 2/11/2014 20 Permit Effective 2/1/2014 through 1/31/2015 15 SUBMITTED WILDLIFE REHABILITATOR CATEGORY IIA PERMIT MARY MEYER Agenda Item 2 Page 11 ..orf LYNNHAVEN Map 1,4 to Scaie Mary Meyer • Zoning with ConditionsRrollers. Open Space Promotion CUP for Wildlife Rehabilitation ZONING HISTORY # DATE REQUEST ACTION 1 05/22/2007 Floodplain Variance Approved MARY MEYER Agenda Item 2 Page 12 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 5 r ,(( 0� l �. `c -'n r\ ()O th © Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Qspr- ;(t Tor\ OvQA-d—_ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & z See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No _Q If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MARY MEYER Agenda Item 2 Page 13 1 II across county 1 i nes, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Deer must be released in the county in which they were rehabi l i tated or in an adjacent county, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Non-native species shall not be released into the wild but should be placed in a suitable captive environment. Non-native animals are defined as those species and subspecies of animals not naturally occurring in Virginia. Native reptiles and amphibians that have been rehabilitated should not be released prior to contacting VDGIF due to genetic, disease, and ecological concerns. (b) In order to possess permanently impaired migratory birds, a Special Purpose Possession Permit must be obtained from the U. S. Fish and Wildlife Service (See address and phone # in condition 7 below) and VDGIF must be notified of the intent and reason for holding this wildlife and must be in concurrence with the stated purpose. VDGIF must also be notified if the status or disposition of the wildlife changes. As only a limited number of permanently impaired birds may be maintained under the federal permit, other wildlife should be placed in a mutually acceptable facility. All permanently impaired wildlife shall be kept in enclosures that meet, or exceed, the minimum pen specifications. Migratory birds may not be taken to nonpermitted individuals unless prior permission is obtained from the VDGIF. The possession of these permanently impaired birds by non -exhibitors and not for educational purposes must be directly tied to the rehabilitation of other wildlife. If the permanently impaired migratory birds are federally threatened or endangered or a golden eagle, and the rehabilitator has a proven need to possess the bird(s) for noneducational purposes, they will need a Virginia Endangered Species Permit, a Federal Special Purpose Possession Permit, and if applicable, a Federal Eagle Exhibition Permit. (c) Wildlife that dies while in the custody of the permittee shall be buried or incinerated, or upon prior approval from the VDGIF, be offered to a mutually acceptable museum, university, or other institution for addition to its study collection. (d) Non -releasable wildlife should be humanely destroyed (euthanized) unless it can be placed in a facility operating with an exhibitors permit issued from the VDGIF. Deer cannot be exhibited in a facility that accepts deer for rehabilitation, even if the rehabilitator also has an exhibitors permit, nor can deer be transferred from a rehabilitator to any other facility for exhibit. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. Page 4 June 10, 2013 II I (e) Due to disease concerns, deer that are brought from outside of Virginia shall not be rehabilitated and shall not be commingled with other deer on premises. Notify VDGIF immediately if a deer is brought in from outside the state. (f) The permittee shall immediately notify the Department if any member of the Cervidae family demonstrates some combination of clinical neurological signs consistent with Chronic Wasting Disease (e.g., abnormal behavior, increased salivation, tremors, stumbling, lack of coordination, difficulty swallowing, excessive thirst, excessive urination). The permittee is encouraged to euthanize and submit such an animal to the Department for disease testing. (g) Wildlife that suffer from zoonotic diseases should not be rehabilitated if they pose a threat to humans or other wildlife. 5. All permittees shall keep records of wildlife in their care. A log shall be maintained for "all" wildlife entering the facility for treatment, and a record of their progress and disposition is mandatory. These records shall be submitted to the VDGIF at the end of the permitting year by February 1, or upon request. (A reporting form is enclosed on page 19) Failure to remit this report may result in revocation, cancellation, suspension, or non -renewal of an individual's permit. 6. All permittees must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. 7. This permit is not valid for possession of migratory birds unless accompanied by a Federal Special Purpose Rehabilitation Permit issued by the U. S. Fish and Wildlife Service. [Contact the U. S. Fish and Wildlife Office, Assistant Regional Director, Division of Law, at P. 0. Box 779, Hadley, MA 01035-0779 or call (413) 253-8643.] 8. Housing: All wildlife shall be kept in a humane and sanitary manner as prescribed by the VDGIF. (See Basic Requirements for Housing of Wild Animals) (To minimize disease potential, cages that are used for transporting or holding raccoons, should not be utilized for other species.) 9. Safety: Facilities must provide for the safety of confined wildlife as prescribed by the VDGIF. (See Minimum Housing Guidelines) 10. Humane: Wildlife shall be maintained in a humane and uncrowded manner. The permittee shall ensure that wildlife is kept in compatible groups and that all specimens are fed appropriate food. Page 5 June 10, 2013 11. Inspection: Duly authorized employees of the VDGIF or the U. S. Fish and Wildlife Service may inspect the permittee' s premises at any time to determine whether or not the permittee is complying with these conditions. 12. The permittee shall consider human health and safety first, including rehabilitators and members of the general public. 13. Permittees, or their volunteers, shall not charge any fee associated with the activity herein authorized, nor shall permittees, or their volunteers, require fees for the pick-up or delivery of sick, injured, or orphaned wildlife. 14. Permittees, or their volunteers, shall not represent themselves as agents of the VDGIF, nor shall they trespass upon the property of another for the purpose of taking possession of wildlife without permission of the property owner. 15. Cancellation and Suspension: Any permit may be canceled, or suspended, at any time when it is found that the permittee is not in compliance with the conditions of this permit. Regulation 4 VAC 15-290-130 states that a permit holder shall comply with all terms and conditions of any permit issued by the Department of Game and Inland Fisheries pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and rehabilitating of any wild bird, wild animal or fish. The penalty for violation of this section is a Class 3 misdemeanor unless another penalty is specified. 16. Wildlife undergoing rehabilitation shall not be displayed or exhibited. This permit does not authorize the use of releasable or non -releasable animals for exhibit or educational use. 17. The permittee is reminded that the welfare of wildlife populations is more important than the welfare of any individual animal, and nothing done in the interest of an individual animal should unnaturally jeopardize healthy wildlife. 18. All wildlife that is being rehabilitated must be kept in separate rooms or buildings from domestic animals. 19. The per mi ttee shall make every effort to avoid taming or imprinting wildlife receiving care if the animal is candidate forreleasing back into the wild. 20. The permittee shall not attempt, or be authorized to attempt, wildlife care which is beyond either their expertise or their facilities Page 6 June 10, 2013 II I 21. Under authority of Section 29.1-545 of the Code of Virginia, it shall be unlawful for any person, firm, association or corporation to possess sell, offer for sale, or liberate in the Commonwealth any live fur -bearing animal commonly referred to as nutria 22. The permittee shall abide by the wildlife rehabilitator code of ethics. (See Code of Ethics section) 23. Permittees shall give any and all changes of name, address and/or phone number to the VDGIF within no more than seven (7) days of those changes 24. The primary goal of the permittee is to return injured or orphaned native animals to the wild. Rehabilitated animals, excepthigh-risk rabies animals and deer, should be returned to the area in which they were found or in the county in which they were rehabilitated. High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated; they cannot be transported across county lines, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Deer must be released in the county in which they were rehabi l itated or in an adjacent county, except when specifically allowed by the Director of the Department of Game and Inland Fisheries 25. No bears may be housed or rehabilitated or reared by any person or at any facility in Virginia unless specifically authorized by VDGIF. SPECIFIC CONDITIONS WHICH ARE APPLICABLE TO CATEGORY I PERMITTEES (In addition to all of the general conditions, the followingare specific for Category I permittees) 1. May provide care for uninjured, orphaned wildlife (except raptors predatory animals, or animals requiring unusual expertise or facilities). 2. May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife or orphaned species not authorized under the Category I permit (exceptbald and golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from sponsoring Category II or Category III permittee, cooperating veterinarian, agent of the VDGIF, or other individual designated by the VDGIF. 3. In general, a Category I permittee should not solicit contact with the public except upon referral by their sponsoring Category II or Category III permittee, or designees of the VDGIF. Category I permittees who receive animals must contact a Category II permittee within 12 hours of directly receiving animals 4. Must maintain and provide, as required, a full record of each animal received, including disposition, authorization, and other information. A copy of all records must be provided to the sponsoring rehabi l i tator. Page 7 June 10, 2013 SPECIFIC CONDITIONS WHICH ARE APPLICABLE TO CATEGORY II PERMITTEES (In addition to all of the general conditions the following are specific for Category 11 permittees.) 1. May provide care and house for sick, injured, and orphaned wildlife. 2. May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife or orphaned species not authorized under the Category II permit (except bald and golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from cooperati ng veteri nari an, agent of the V D GI F, or other i ndi vi dual designated by the VDGIF. 3. May receive, transport, and hold sick, injured, or orphaned wildlife (threatened or endangered species, bald and golden eagles will be transported to a Category III facility, or other approved facility designated by U. S. Fish and Wildlife Service, within 24 hours.) The care of the animals must be carried out under the general supervision of the cooperating veteri nar i an or a Category III facility. 4. The permittee shall not prescribe medications or implement procedures beyond basic supportive care without the authorization of the cooperating veteri nari an or a Category III facility. 5. The permittee may designate individuals to act under their permits as "Transporters" The authority of "Transporters" is limited to retrieval and delivery of animals directly to Category I, Category II, or Category III permittees, to a veterinarian, or to approved release points when rehabilitation is complete. The permittee is responsible for maintaining a dated 1 og on each transporter, i ndi cati ng their name, destination, and type of ani mal (s) transported. 6. The Category IIA permittees may sponsor up to five (5) Category I permittees. The Category IIB permittees may sponsor up to twenty (20) Category I permittees. The Category IIB permittee must be available to sponsor Category I permittees. 7. The Category II permittees must be accessible to the VDGIF and the public for consultation and assi stance, i ncl udi ng havi ng a worki ng telephone number avai 1 abl a to the VDGIF and other appropriate individuals, at all times. 8. The Category II permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the VDGIF' s discretion, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 9. The Category 11 permittees must maintain records on all animals treated by Category I permittees or associated Category II permittees if different from the Category II permittee's own records. Page 8 June 10, 2013 SPECIFIC CONDI TI ONS WHICH ARE APPLICABLE TO CATEGORY III PERMITTEES (In addition to all of the general conditions the following are specific for Category III permittees.) 1. Permanent staff of the facility, engaged in caring for sick, injured, orphaned, or displaced wild animals are required to be listed on the facility permit. 2. May receive, transport (see #24 under general conditions), hold, and provide care for sick, injured, or orphaned wi l dl i f e, including threatened or endangered species, bald and golden eagles (with the approved federal permits). 3. Any Category III rehabilitator must immediately report to VDGIF all threatened or endangered species, bald and golden eagles that are brought to their facility (See l i st on pages 15 - 18). Upon being contacted, VDGIF will decide if the animal must be transported to another facility that can offer specialized care or if the animal may be retained by the currentfacility. If retained, rehabilitation and release of the animal must be coordinated with VDGIF's Regional Non -game Biologists 4. The permittee may designate individuals to act under their permits as "Transporters." The authority of "Transporters" is limited to retrieval and delivery of animals directly to Category I, another Category II, or a Category III permittee, or to approved release points when rehabilitation is complete. The permittee is responsible for maintaining a dated 1 og on each transporter, indicating their name, destination, and type of ani mal (s) transported. 5. The Category III permittees may sponsor up to twenty (20) Category I permittees. 6. The Category III permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the discretion of VDGIF, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 7. The Category III permittees must be accessible to the VDGIF and the public for consultation and assi stance, i ncl udi ng havi ng a working telephone number avai 1 abl a to the VDGIF and other appropriate individuals, at all times 8. The Category III permittees must maintain records on all animals treated by Category I permittees, or Category II permittee if different from the permittee' s own records CONDITIONS WHICH ARE APPLICABLE TO CATEGORY IV PERMITTEES 1. The Category IV permittee may not care for animals in their own home, and will therefore not need a facility inspection. 2. They must be pre -immunized if they are working with high risk rabies species. Page 9 June 10, 2013 I 3. Individuals providing care to raptors, predatory animals, or animals requiring unusual expertise, need to have advanced skills and provide proof that they have met the certification requirements necessary for the level of care they are providing. 4. Individuals must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. SPECIAL PROVISIONS Bear Any wildlife rehabilitator, who acquires a bear, by any means, must notify VDGIF Permits Section ((804) 367-9588) within 12 -hours of acquiring the bear. Call the hotline (1-800-237- 5712) on weekends and holidays. Threatened or Endangered Spedes and Eagles Wildlife should be referred within 24 hours to a Category III facility where full-time veterinary care and appropriate facilities are available unless specifically authorized by the Department. Category I permittees may not possess threatened or endangered species or bald and golden eagles at any time. A list of permitted facilities is maintainedby the Department. Exhibited and Educational Use of Non -Releasable Animals The exhibition or educational use of releasable or non -releasable animals is not permitted under rehabilitation permits. To exhibit for educational purposes, a permit to exhibit wildlife is required from the VDGIF. Deer cannot be exhibited in a facility that accepts deer for rehabilitation, even if the rehabilitator also has an exhibitors permit, nor can deer be transferred from a rehabilitator to any other facility for exhibit. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. A U. S Fish and Wildlife Service (USFWS) Special Purpose Possession Permit is required to exhibit migratory birds and a U. S. Department of Agriculture (USDA) Animal Welfare Act License is required to exhibit mammals [The Virginia USDA may be reached by writing the United States Department of Agriculture, Eastern Region,APHIS, AC, 920 Main CampusDrive, Suite 200, Raleigh, NC 27606 or by calling (919) 716-5532.] Rehabilitation of High Risk Rabies Spedes High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated: they cannot be transported across county lines. Involvement will be a voluntary action that is the personal choice of each l i censed rehabi l i tator. Page 10 June 10, 2013 I I I Only pre -immunized handlers will be permitted to handle high-risk rabies animals (raccoons, skunks, foxes, bats, woodchucks). Proof of immunization must be provided with the application and will remain on file. All raccoons should be considered rabies exposed! ! ! If the rescuer, transporter, or handler has been exposed to any of the raccoon' s bodily fluids including saliva, tears, or urine, then the animal should be humanely euthani zed, and its head and brain should be sent to the public health department for rabies testing. Permittees must abide by all requests for animals made by authorized public health department personnel or animal control personnel. Any wild mammal which bites any person should be humanely euthani zed, and have its head and brain submitted to the public health department for rabies testing. To minimize disease potential, cages that are used for transporting or holding raccoons, shoul d not be uti 1 i zed for other species RENEWALS Regulation 4 VAC 15-30-7 states that provided that the issuance of a permit renewal has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the Department has acted on such person's application forrenewal. To qualify for this allowance, applicants must submit a completed renewal application to the Department at least 30 days prior to the expiration date of the permit. The Department may deny renewal of a permit to anyapplicant who fails to meet the issuance criteria set forth by the Department. Renewal applications will be mai l ed approxi matel y two months in advance of the permit's expiration date. FEDERAL. STATE. OR LOCAL LAWS This permit does not absolve the permittee of any responsibilities or conditions of any other federal, state, or local laws and regulations, including those that apply to threatened or endangered species. BASI C REQUI REM ENTS FOR H OUSI NG OF W I LD ANI M ALS INSPECTION - Wildlife held in captivity shall be subjected to inspection by any Virginia game warden or animal warden (county animal control officer). Inspecting officers shall determine whether the said wildlife are adequately fed, sheltered, cleaned, cared for, provided with sufficient space, veterinary care, and securely, properly, and safely penned. In the event that the animal is not adequately cared for, the officer shall report the situation in writing to the person holding such wildlife Failure of the holder or exhibitor to correct the situation within 24 -hours after such written notice will result i n automatic suspension of all permits to hold such wildlife. Page 11 June 10, 2013 HOLDING CAPTIVE WILDLIFE - All persons keeping wildlife shall be responsible for practicing good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and when necessary, euthanasia, appropriate for the age, species, condition, size, and type of the animal, and the provision of veterinary care, when needed, to prevent suffering or impairment of health. ALL CAPTIVE WILDLIFE SHALL BE PROVIDED WITH: Adequate food to include access to, and provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size, and type of each animal, is provided in a clean and sanitary manner, is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species held, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species Adequate water to include provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals but at least once every twelve hours, to maintain normal hydration except as prescribed by a veterinarian or as dictated by naturally occurring state of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices Properly cleaned enclosure to include the removal of carcasses, debris, food waste, and excrement in sufficient frequency to minimize the captive wildlife contract with the above-mentioned contaminants; the primary enclosure i s sani ti zed with suf f i ci ent frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly, or indirectly, sprayed with the stream of water, or exposed to hazardous chemicals or di si nfectants Proper lighting means sufficient illumination to permit routine i nspecti ons, maintenance, cleaning and maintenance of the shelter, and observation of captive wildlife; to provide regular diurnal light cycles of either natural or artificial light, uniformly diffused throughout the wildlife holding facilities, and to promote the wel l -bei ng of the wildlife. Adequate care meaning the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size, and type of the animal, and the provision of veterinary care when needed to prevent suffering, impairment of health or disease transmission. DISINFECTING OF CAGES - While daily removal of feces and urine from mammal cages is necessary to prevent odor, parasite re -infestation, and insect over -population, avian species in large flight aviaries may be cleaned on a less frequent basis providing there is a regular schedule for cleaning. Some mammals ( i.e., cottontail) have a need to ingest feces. Special arrangements can be Page 12 June 10, 2013 I made for species who have this need. There are various disinfecting agents used after daily cleaning to properly sanitize the cage. GENERAL CAGE COMMENTS The enclosures suggested, with the exception of conditioning cages, are for short-term (i.e., usually less than six months) housing of rehabilitation animals. The philosophy which dictates cage size presupposes normal recovery times for the patient. None of the confinement or recovery cages are recommended for extended or permanent care. Any bird old enough to perch requires the same size cage as the adult of the species. Enclosures should be made secure against common local predators. Cage design should provide for ease of cleaning, ventilation, light, and temperature control. A separate source of water for drinking and bathing for each enclosure should be provided. Page 13 June 10, 2013 Item #2 Mary Meyer Conditional Use Permit Home -Based Wildlife Rehabilitation 547 Susan Constant Drive District 5 Lynnhaven June 11, 2014 REGULAR David Redmond: We will address the remaining matters on our agenda, and I will ask our Secretary Mr. Bob Thornton to call the first item. Mr. Thornton. Bob Thornton: Mr. Chairman, Item 2 is the first item that we hear today. It is an application of Mary Meyer for a Conditional Use Permit for a Home -Based Wildlife Rehabilitation located at 547 Susan Constant Drive. Ms. Meyer is here to speak on behalf of her application and there are two persons to speak in opposition. Mary Meyer: Good morning. David Redmond: Good morning ma'am. Before you start, I neglected to mention what I normally do at these meetings. Just a little bit about timing or everyone. Ms. Meyer and other applicants have 10 minutes to speak in support of your application. Anyone who speaks subsequent either in support or in opposition to a matter has three minutes to speak unless you are speaking as the express representative of an organization such as a civic league. After folks who speak in support in your favor, then Ms. Meyer, you will have the opportunity to come back for a rebuttal. So you have ten minutes. Mary Meyer: First thing, I am Mary Meyer. David Redmond: Can you get close so he can record it and the folks at home can hear better. Mary Meyer: I live in Princess Anne Hills and I am a wildlife rehabilitator. Ed Weeden: Did you state your name? Mary Meyer: Oh yes, Mary Meyer. I am a wildlife rehabilitator, Category 2, which enables me to, and those who don't know much about wildlife rehabilitation, it is all volunteer. They run the gambit from anything from squirrels all the way up to what we call vector. There are three of us in the entire region that are considered Vector Rehabilitators. We do anything that is actually a rabies carried species, foxes, raccoons, bats, and some of the other. All the way down to a baby squirrel. Our animals mainly come from three sources the SPCA, animal Item #2 Mary Meyer Page 2 control, and the state parks. Because I am a Category 2, I do get injured animals as well as those that are orphaned which are our main population. This year we have already had our first, I guess group of raccoons came through that were released down in southern Virginia. You have a place called Bear Acres, it's one of our many release sites for our rehabilitators that are learning to work with the animals. I've always come with a theory of steward to the environment and to speak for those who can't. I was raised as an environmentalist and I was raised to help the community in any way that we could. Again, this is solely volunteer. Every raccoon that we have runs about $800 a piece to rehabilitate. We get them from SPCA or animal control and they are about this big (showing with hands) (5 inches long). We raise them. They are given every shot that your dog would have, rabies, distemper, Parvo, dewormed. There is extensive amount of tracing. We also work with the Wildlife Center of Virginia, right near Charlottesville. And again, that is kind of right there where we go if there are any problems. We are also supervised by a Vet, we are supervised by Dr. Carter, who is a wildlife veterinarian. This of course is the process of raising animals. When people mention wildlife rehabilitation, they got to understand, the public has so many misconceptions. And I'll start that from the beginning. "Oh my God, it's wildlife, they are going to eat my dogs!" No. Maybe if it is a coyote that's illegal to rehab in Virginia, but certainly not your standard raccoon, fox, etc., within the population. My specific site as you can see by the picture, you drive down my road. You can't even see it. It is behind an eight foot privacy fence. And, unless you are actually walking in you don't see it. I do have raccoons at this point. I am down to eight raccoons, and again they will go down to Bear Acres to be released at that site. You got that 30 day period when you give a rabies vaccine before you can go into release. During the planning process, because of many complaints, I was inspected by just about every person from Animal Control, and four or five different permit people. I had to be inspected by the Wetlands. I was inspected by pretty much every single department. This is very typical because people have this misconception about what wildlife is all about. As a matter of fact, we do 100 percent volunteer. And as I said, there are only three of us in this region that do the Vector species. We do it out of the love for our environment, love for our city, the love for wildlife to speak for those to be the steward for the environment. A lot of people don't know about this including myself, about this Conditional Use Permit. Most of them have the option to like have $300.00 to buy formula, to buy a shot for these animals, or when they hear about it, it is actually more than $300.00 to go in front of you all and go through this process. We are highly regulated. Fish and Game, we have to not only have the additional educational course every year but. I am actually now an instructor. I just instructed a couple months back at the Botanical Gardens on wildlife, medication care because I do have a trauma background, a Nursing degree. What I am asking today is your permission to continue. As I said, I am the only one in the north end of Virginia Beach. I am the only who supports Seashore State Park in the "Vector" category. I work with SPCA. As a matter of fact, I have a Great Pyrenees to come to my house to foster this afternoon, as well as a wildlife program. Animal control knows me personally. And as well as Seashore State Park. Those are my main three areas. So, my thought pattern today is my use is private, it is totally funded, and it is totally volunteered. It has taken pressure off the City, Animal Control and SPCA. And again, we are doing it for the love of the animals. Certainly, Item #2 Mary Meyer Page 3 when you have to feed a baby raccoon etc., at four in the morning, 6 in the morning, and feeding throughout the days and the nights, and maintaining your normal job and life because you are a taxi, and you certainly don't do it for anything except for the true nature of taking care of wildlife. As I said, pretty much every single City Department and you all have been here certainly know the various City Department at this point. Animal control knows me. So as far as my perspective, I've gone through the gambit. I have agreed to the terms of my submittal package. Like I said we are using release sites such as Bear Acres, etc., that are not even in this region. They are very southern Virginia. And if there are any other areas that I need to conform to, certainly I will, we've been written the administration on Chesapeake Bay has been done. If they want to come back that is fine. I've already had the private meeting with them regarding my site. Once again, front yard is a beautiful area in Virginia Beach. It is totally private and you can't see anything that is going on from the road. And, so that is my main information. I wasn't aware that I would need specialists behind me but if you need to see any specialist I can certainly bring them in. David Redmond: You don't. You might have misunderstood me. I said you have the opportunity for rebuttal after we're done. No one is required. Mary Meyer: Thank you so much. And I'll wait. David Redmond: Are there any questions for Ms. Meyer. Mr. Hodgson? Jeff Hodgson: How long have you been operating out of your house? Mary Meyer: The internal of the house for some time around two years. This is my second year on the outside. Jeff Hodgson: Oh, okay. Mary Meyer: That is the difference between needing the permit versus not, is inside versus out. This is the beginning of my second year. Jeff Hodgson: You don't ever release across the street in the park? Mary Meyer: Oh no. I'm so sorry that I didn't bring the sheets this year. The whole set is going down via transport (to Bear Acres). Jeff Hodgson: Okay. Mary Meyer: Also, Waynesboro has a release site and there is another in southeast Virginia. Those are the release sites. II' Item #2 Mary Meyer Page 4 David Redmond: Ladies first. Ms. Oliver? Dee Oliver: Thank you. The animals that are brought to you are driven to your piece of property correct? Mary Meyer: It all depends. Not to be evasive. If it is a squirrel, if it's a bunny, if it is something like that they are driving to my house. If it happens to be a vector base species, we are not allowed to touch it, although we have three people that don't do active rehabilitation or do they do squirrels but they have their rabies shots. All of us who deal in the rabies family have to have pre exposure shots. For those animals either I come or one of my transports delivers. Dee Oliver: Okay. Thank you. David Redmond: Mr. Inman. Mike Inman: How many animals do you have in residence right now? Mary Meyer: Right now? I have an educational opossum that is going to be going to the Outer Banks. The last snow fall she was found on the snow bank dying, frost bit, so it was one of the prettiest opossums we've found. It had a tail this big (using hands). It had no tail whatsoever. Very sweet, and it is non releasable as we call it. And it is going to the Outer Banks to an education area. I have eight raccoons currently that are about this big (using hands — eight inches). That is it. Mike Inman: That's it? Mary Meyer: Well, this afternoon, I'm going to have a Pyrenees from SPCA for fostering. David Redmond: What is a Great Pyrenees? Mary Meyer: It is a big white dog. David Redmond: Oh, it's a dog. Mary Meyer: Yeah. I have one of those coming from the SPCA. Mike Inman: Do you have a number for this year, for instance. Mary Meyer: A tally? So far, let me think, probably around 30 this year so far. Mike Inman: And the number you have right now is it like an average number? Item #2 Mary Meyer Page 5 Mary Meyer: Yeah. I'm at eight. Occasionally it will go larger. A couple of weeks ago I had more because one of the vectors, there are three of us, was on vacation. So I had her raccoons for a week. Last Saturday she came and picked them all up. Mike Inman: What is the scope of species that you've had this year? Mary Meyer: Squirrels, song birds. I have had raccoons obviously. I've had opossums, sets of bunnies. That's it. Mike Inman: Okay, and feeding them. How and where are they fed? Mary Meyer: Feeding is every interesting. When they are young and this is specific for wildlife. Every single formula surprisingly guys is bottle feeding. So whether it is a syringe feed for a squirrel or a raccoon or any other subspecies, every single one has their own very special formula. It is done by Fox Valley. All they do is wildlife formula. It is very expensive. Let me tell you. A thing this big (using hands — about 1 gallon in volume) is $324. It is very expensive to do this. That is why I'm saying it's an act of love because it is volunteer and self-funded. When you get through the baby stage, you're doing bottles. When you're tube feeding, when you get slightly older, then it changes depending on species, the opossums will be eating fruit or dog food. They love cheese. So the opossums do that, the raccoons eat dog food. They will eat some fruits. They can't stand the citrus so they will be fed that product when they are older. Right now I am in the process of, they've gone finally into the weaning phase of life, so they are just beginning to eat soft solid foods. Mike Inman: We've seen pictures of your property. Where does the feeding occur on your property? Mary Meyer: In that little side. If you look on the page Mike Meyer: There is a picture up on the screen. Mary Meyer: Oh I'm so sorry. It is that little square (west side of house). David Redmond: In the enclosure. Mary Meyer: yes. Mike Inman: That enclosure on the screen now. Mary Meyer: That is the enclosure. Yeah, I didn't know that picture was taken. Mike Inman: Okay. Thank you. 1 Item #2 Mary Meyer Page 6 Mary Meyers: The advantage also is that I do have it screened so there is no flies whatsoever but for the safety of the raccoons as well. There is a waterfall for the raccoons while they are sleeping in the area. Do you have a question? David Redmond: Commission Weiner? David Weiner: Did you ever have any other animals actually get out of the backyard? Mary Meyer: Yes. Raccoons are very tricky. Yeah, I had a mother escape. David Weiner: Okay. Mary Meyer: I was transferring to the big cage and she did escape. David Weiner: Have you ever had any animals from across the street come into your backyard because of what you have? Mary Meyer: Not in my backyard. No. It is fenced in where they would have to scale an eight foot tall privacy fence that is totally blocked. I've had no other except my dog. David Redmond: Mr. Hodgson. Jeff Hodgson: If you pick up and I'll stick with the raccoons, if you bring a raccoon back are you able to test to see it is positive for rabies? Mary Meyer: Immediately. With rabies you can tell very early. Rabies you can tell by neurological, but distemper is the problem not the rabies in this region. Jeff Hodgson: Okay. Mary Meyer: There is a distemper break out right now in Portsmouth, so no rehabilitator in Virginia Beach, and there are three of us take any raccoons. They are immediately euthanized. David Redmond: Excuse me, I don't mean to interrupt you. Mary Meyer: Go right ahead. David Redmond: let me see if I got that right. If they are positive for rabies, they are immediately euthanized? Is that what you said? Mary Meyer: Well yeah, rabies is not the problem in this region, though It is distemper. Distemper is the problem. Unfortunately as I said, Portsmouth just had a distemper outbreak, Item #2 Mary Meyer Page 7 the three of us don't take any animals from Portsmouth whatsoever right now. In Virginia, if you have a neurological, say it is part of distemper or rabies you can see it. There is also a snap test. It is very easy in raccoons because if they are with the distemper, and one of the main signs, even if they are this big (using hands) they look at the ceiling. It is very apparent because they are like this (using face and head and looking quickly to ceiling). And you can immediately tell and animal control takes care of them for me. Jeff Hodgson: I apologize. I don't know the difference between distemper and rabies. Mary Meyer: The way we deal with animals that are brought into my facility is they have a three week quarantine, by itself, treated by itself, and separated from others. So you know exactly who does and doesn't have the diseases per say. Jeff Hodgson: If one with distemper bites or scratches one of us, does that matter? Mary Meyer: First off you wouldn't get it unless you were in the wild and the same thing with rabies if you got scratched from a rabid raccoon or dog or whatever it happens to be. Rabies isn't really the problem here, as I was saying distemper is. What they are seeing in Portsmouth, is they are falling out of trees to be honest. And that is why they all get tested. I do a lot of testing with Dr. Podis. Jeff Hodgeon: So that doesn't affect me if I get bit by one with distemper. Mary Meyer: Well, I would imagine it would transfer in the wild. That is why mine are all inoculated. Jeff Hodgson: Okay. Mary Meyer: Every one of mine is inoculated not only with a cat but also with dog distemper, Parvo, rabies. They are given a second injection, sometimes a third if they are in captivity long enough. People laugh on Facebook because it is shot time. We have big thing of shots, again, it all Vanguard 5. It is the same one you would give your dogs and cats. Any animal released that is a vector series has had every inoculation before release. David Redmond: I'm not following perhaps. Raccoon comes to you from whatever source. And it has distemper. What happens? Mary Meyer: You will not know immediately. It immediately goes into quarantine. I'm able to administer for most of us that do raccoons, it is a distemper plus 5 vaccines. Then they are dewormed before they are even allowed. What we've learned over the years, and there is a group in Kentucky, and that is all they do. They do 300 raccoons a year. And so we are following their protocol. It comes in, it gets injected, it gets dewormed and it is put in I Item #2 Mary Meyer Page 8 quarantined for three weeks. Distemper is deadly and quick, same thing with Parvo, same thing with rabies. David Redmond: Same procedure? Mary Meyer: Same procedure for all of them. Non rabies is slightly different. Non rabies vector are immediately put in to their own family group. David Redmond: I misunderstood you before. I thought you said they were immediately euthanized. Mary Meyer: If they are found to have distemper. You can find that out very quickly. If they show any of the neurological signs that is the first signs that you will see with any of those three, they will stop eating and they will start stumbling back up. Distemper their head flip up usually. Immediately you can tell this is a raccoon that needs to be euthanized. David Redmond: The same thing with rabies? Mary Meyer: Yes. Signs for rabies are seen easily neurological. Although we don't' see rabies in this region. As a matter of fact, I don't know of one rehabber that has had one with rabies. We have distemper and Parvo but rabies. One was bitten by an old was released too soon. David Redmond: Of all things in my very suburban neighborhood, we have foxes and we have plenty of them. Mary Meyer: We do too. We always have. David Redmond: It scared the dickens out of me once. I went in my backyard and there was one and he started snapping. I went into the house and called animal control and said it started acting and immediately, I thought rabies, so I thought I should call animal control. So they came out and we talked for a while. And he said it probably wasn't rabies and it may have been they have got a litter of pups and was trying to keep you away. Yeah and I said how do you know that? And his answer was because rabies is very rare. Mary Meyer: It is rare. None of us, the three and some people have 40 years of experience just doing raccoons, of course, that is their main animal. It is very rare. We worry about distemper and Parvo, to be honest. That is our biggest problem that we see in wildlife rehabilitation. Foxes, as a matter of fact in Princess Anne Hills because of the scare of the foxes and I haven't even had a fox but we had a speaker come in to the civic association because they are pretty rare. And their opinion is they are not the ones that are going to eat your cat or dog. They eat mainly field mice, etc., yes they are out in the middle of the day. You know they kind of learn how to co -habitat. And we are the same way. We've got greys, reds. The problem is the Item #2 Mary Meyer Page 9 coyotes they are the big problem, and they are called a nuisance animal. Rehabbers, we don't do them because they eat everything. They are not a species animal. David Redmond: Any other questions for Ms. Meyer? Mr. Weiner? David Weiner: Talk about your civic league. Have you gone to them and talked to them about this particular thing? Mary Meyer: Most of them know what I do. I wish I had more people here from my backing I didnt' know what I was going to be seeking. The civic league deals with wildlife. We have in the past, we've had speakers as I've said from multiple sources to speak to us on, "Hey if you see a wild fox, don't freak out, they are not going to eat your dog just walk past." One of the people that were there said, "I'm walking my dog and I see a fox, what do I do?" You don't have to worry about that, but if you see a big coyote that is another story. It is sad to say that Seashore State Park now has coyotes. David Weiner: So they have no problem with what you are doing, the civic league? Mary Meyer: I'm sorry. We haven't met directly with them. We have spoken about it, they know it. The signs have been up. David Weiner: So no one is coming here from the civic league? Mary Meyer: I'm not sure. Neighbors have called and I have been inspected by every single possible group that Virginia Beach has to offer. I've now been inspected by, I think 5 or 6 different people. David Redmond: Mr. Thornton. Bob Thornton: In your two years of doing this, how many animals do you think you run through your house, your program? Mary Meyer: Probably about 90. In the beginning you do a lot of "ins and outs," we call them. There are lots of squirrels, lots of bunnies that take a very short time. Once you become specialized like I am now, your numbers drop considerably. For instance, I only have eight raccoons and one educational possum because unlike a bunny or bird might stay a day, maybe got hit into a window but you still have to record it as an entry as time progresses in your focus, like raccoons, that is not a week to carry them or a couple of weeks to help develop a squirrel it is a six month process before it is releasable. Item #2 Mary Meyer Page 10 David Redmond: Mr. Inman. Mike Inman: Is there any agency that regularly inspects your place? Mary Meyer: Yes. There are actually several. Not only are we under Game and Fish, but were also underneath Animal Control they both come to my house. Mike Inman: Annual, semi-annual? Mary Meyer: Every year you have to apply to be relicensed and you have to go through the education side. They pretty much look at your whole record. Not only that, you have to have detailed written analysis of every single animal that came in. For instance, I can grab a file and I can say this animal came in, it's main species it's entry weight. The shots that it got, the care throughout, you know the release date, the release site. And if babies need injection they are also on the chart itself. So every year we have to turn it in to Fish and Game. David Redmond: Mr. Russo. Phil Russo: Yes ma'am. Is there an advantage to the animals by working at your residence as opposed to, well as opposed to working with a veterinarian? You talked about how you worked with veterinarians or even the State Park? Mary Meyer: The State Park uses me. They don't have the facilities or the people or the money to spend $800 on a raccoon, they are going to euthanized. SPCA is the same. If you ever been to the SPCA their room is about the size of a closet. So, just like yesterday I call in a bird. But SPCA has basically has a closet to get their wildlife through. That is all they have. Their animals go in and go out immediately to other rehabilitators whether it is a pelican , whether it is song bird, hawk or a duck or a raccoon, they are in and out within under 24 hours to the rehabilitation network. Phil Russo: What I was asking is whether transporting them to your house or you had your facility at a veterinarian. Mary Meyer: The problem is vets don't have room and in general they treat wildlife but they don't' have the facilities to maintain and feed. You got to understand that in baby seasons we are feeding every four hours, every four hours, all day and all night. It is highly time consuming. No, they can't do it. As for others, there are not enough resources for them to do it. Yes they have three kennel runs let's say. They don't have a whole structure of 10 x 10, need for raccoons. They don't have the money to spend. It is $800 minimum on raccoons and if they weren't doing it, then animal control would be doing it. Your SPCA would be doing it. And we are the only lifeline between injured and orphaned animals. There is no other. Item #2 Mary Meyer Page 11 David Redmond: Are there any other questions for Ms. Meyer? Mary Meyer: I am sure I am over my ten minutes. Sorry guys. David Redmond: Going once, going twice. Thank you for your time. Hang close. There are some additional speakers and then you will have a chance to come back and respond to that. Mary Meyer: Okay. Thank you so much. David Redmond: Okay. Thank you. Bob Thornton: We have two speakers in opposition. We have a Michael Byrnes and a Dianne Byrnes. I would let them pick who speaks first. It is ladies first or gentleman first. Let you all have at it. David Redmond: Mr. Byrnes, you need to carefully consider this. Certainly at my house it works a different way. Michael Byrnes: A little speech here. David Redmond: Just a reminder you have three minutes. And the way the timer works is that light will start blinking when you're coming up your time to wrap up. Michael Byrnes: Thank you. David Redmond: Thank you. Michael Byrnes: Good afternoon Mr. Chairman and Commissioners, my name is Michael Byrnes. I live at 551 Susan Constant Drive, which is immediately adjacent to Mary Meyer's house. It is on the west side so I am 20 feet from this structure that has brought up to light with you here. I have many concerns. I also have some real questions about what was just presented to you and we will provide you with some additional information through our speech and with my wife's information. First I will say the issues here are rabies in First Landing State Park. There are animals and we have seen the animals grow from just seeing squirrels. There are now raccoons, opossums, foxes, and coyotes. I am a little concerned with the mess that bears are now popping up in Virginia Beach, and I think that is going to be a natural habitat for them. My concern with all this and I know Mary does do a good job of rehabilitating in this shed or this structure that she has, it is that this draws these other animals that are across the street. Where she doesn't see animals in her backyard and all over the fences, I don't know because we see them plenty of times. They are across the street and they are wandering. But for the most part they wander directly to her house because there is food left outside for these animals to eat, the wild animals. That causes us great concern. I've heard Mary and some of Item #2 Mary Meyer Page 12 her people that are with her at the house go out in the evening time and they clang dishes together. And we see foxes run down the street to the food. It is quite nerving. We feel that it scares many of our residents. Just to get back, I am on the civic league. I am one of the members, I am an at large board member for the civic league. We have had many issues. We have gotten her to tear down the original structure that she had that was placed in front of the house. If that is all the time I have. I have talked to the SPCA, and my wife will deal with this more. They do not use her. They in fact are going to write letters about her, and the state park does not use her because they have a contract with Virginia Beach SPCA. They are the only people that they send animals too. So there are a lot of contradictions here, and I'm sorry that I'm not getting through all of my presentation but I feel the neighbors are scared to take their garbage cans out at night because of the animals. We cannot walk our dogs sometimes. I don't believe when you see foxes circling around you with a dog. My dog might actually go after the foxes. So, there are real problems here that I feel I haven't discussed in the proper way. David Redmond: Your time has expired there so we appreciate your time. Michael Byrnes: Thank you very much. David Redmond: Are there any questions for Mr. Byrnes? Mr. Weiner. David Weiner: You talk about stuff left outside. Is that the front yard or the back yard? Michael Byrnes: We have seen it being distributed in the front yard. They would be across the street in the state park or the actual street. David Weiner: We rode by the house and we saw bird feeders and some other feeders outside. Michael Byrnes: I know they always used to put dog food out across for the animals. We had to stop walking our dogs in that direction because we find human food that is out there that our dogs would see at night, and they grab this bone and start chomping on it. I've had several neighbors that have voiced that concern that when they walk by their animals, their dogs find this other food that is around. David Weiner: Since you are on the civic league, has the civic league ever talked about doing something about it? Michael Byrnes: There will be a letter of opposition drafted before the City Council meeting. We did not have time and our president is not available right now. I did not feel proper without his signature bringing it to you all. I also am one of the board members on the North End Civic League and we had a meeting last night. There was a good amount of discussion about it and great concern this type of facility being located in a neighborhood at the north end of the I' Item #2 Mary Meyer Page 13 beach. A letter will be drafted for presenting to the City Council at the stage. This is a big concern for many people. David Redmond: So, I have a question for you. I understand your concern about food being left out for wildlife. I don't see what that has to do with her Conditional Use application that strikes me as a behavior that as a neighbor you might object too, but I don't know how that impacts on a heavily regulated activity like Wildlife Rehabilitation. They seem like entirely two different issues to me. Michael Byrnes: Truly, how regulated can this be? Are there people? Is the City going to be there? David Redmond: Hold on for a second. Michael Byrnes: Managing the waste? David Redmond: The question is what does leaving food out for animals in your front yard have to do with the appropriateness of her wildlife rehabilitation? I just don't see the connection. How is it connected? I understand the complaint. I just don't know what it has to do with this application? If my neighbor was leaving food in front of his house, I would have a word with him for sure, and I imagine you have as well. But I don't know how this would impact this application. Michael Byrnes: It goes with prior behavior. And if you're doing that outside of this Conditional Use Permit then I think you are doing things wrong within the Conditional Use Permit. David Redmond: Well, we're not judging prior behavior. We are judging the Conditional Use application. That is what we really have to focus on. Is the particular appropriateness with regard to the land use and the context in which it is presented? Michael Byrnes: I think it goes back to the SPCA not using her, the state park not using her. If these are stated things. David Redmond: I would have liked to have had them speak to that. Michael Byrnes: Well, I got the report at 5:00 on Friday. David Redmond: Are there any other questions for Mr. Byrnes? Okay. Thank you. We will hear from your better half. Welcome ma'am. Diana Byrnes: Hi, I'm Diane Byrnes. My concerns are about the safety of it. Mary mentioned that she has given rabies shots to the animals that are coming in. According to the state Item #2 Mary Meyer Page 14 guidelines for the Virginia Department of Health they do not recognize rabies shots for wild animal especially raccoons. If a raccoon bites you, they do not recognize the rabies shots more and you will still have to go in under a course of treatment for it. Rabies is very prevalent in raccoons in the area despite what she says. She may not have seen it. According to the report from them as well, the only way they can determine rabies in one of them is actually to euthanize it and check its brain for it. They can't tell by any of just having the animal being held aside for several days to observe it. And during that several days they may observe the animal after he bites you, you might already have rabies or you could not. I know she down played the rabies side talking about distemper when she was speaking with you, but that is a big concern to the majority of the people living in our neighborhood. My second is about her talking about the Virginia Beach SPCA . I spoke with Robert Gibson, the wildlife coordinator at the Virginia beach SPCA. She was originally mentoring under them. They dropped her from the mentorship program because she wasn't meeting their standards. She imprints with the animals. She had her children playing in the front yard with the raccoons. She's had friends carrying them around, different things, and different neighbors have seen it, including me. She may not do that anymore, but that was their reason for dropping her. I spoke with Barbara Gibson an hour ago. She has told me that the Virginia Beach SPCA will not refer people to her. The referral line was not referred, and she has two other referrals who will not, refer to them. In speaking with the state park, they only refer everything through the SPCA, so; once again, the SPCA will not be referring to her so that is not true. She is not getting referrals from them. She mentored under a lady named Pearl Beamer, a friend in Norfolk, and from my understanding from Barbara Gibson that is about the only person who still does refer to her except for outside commercial companies that may use her. Barbara Gibson has told me that she has sent a letter to the State Game and Wildlife that has licensed her to relook at things and do an inspection of her. They may have done that. I am not aware of it. She has had two raccoons in the last thirty days be in our backyards that she has mentioned that have escaped. In talking to Pearl Beamer who runs the other wildlife thing, she says that is very common for raccoons to get out. These raccoons were sitting on my deck and she came out with a large net trying to get them. They got in the water, swam across the water to another yard where there were three young children playing in the yard, ran around the yard, got in the water, swam again and went over to Bay Colony. So these raccoons have the ability to get around. That is very concerning to me as well as the fact that we can see the facility when looking out of the bedroom window. We can hear them. She is up at 4:00 in the morning. You don't' think we hear that when we're trying to sleep right next to that going on 20 feet from our window. My husband also has letters signed by about seven people in our community that are in opposition to this facility that he would like to give to you that he forgot to do. David Redmond: Helpful reminder. Diana Byrnes: Yes. David Redmond: And that blinking light unfortunately means that your time is up. Item #2 Mary Meyer Page 15 Diana Byrnes: I know. David Redmond: but we may have some questions. Does anybody have any questions for Ms. Byrnes? Mr. Thornton. Bob Thornton: You just mentioned the noise factor. Is there any odor? Diana Byrnes: There is no odor at this time but the facility has only been there a short time. We have big concerns about it. What will happen once it has been there longer? What is she going to do with animal refuse, whether she is just going to bring it out, throw it in the trash can, which the trash cans are outside the fence in front of the house, in front of our house as well, so that will draw raccoons and things. We don't know what happens to the animals when they die? Do they just get thrown in the trash can? Where do they get disposed of? Those are pretty big concerns to the neighbors. Bob Thornton: Thank you. David Redmond: If you can hang on a second. Ms. Gay, you had this question this morning about how various things are disposed of. Kristine Gay: Yes, the animal waste has to be wrapped separately from other refuse in a matter to prevent spillage prior to placing in the same refuse container. So she does have to follow Section 31.7 of our City Code regarding that. David Redmond: okay. Diana Byrnes: Basically it is in a plastic bag and put in a trash can which is just sitting out in the heat so where animals can get to the trash can. David Redmond: Any questions for Ms. Byrnes? No. Okay, thank you very much. Bob Thornton: Our next speaker is Peter Mooz? Welcome sir. Peter Mooz: I am two doors down from where this is going to be. I came in to underline what my neighbors may not have been willing to say about the situation. As the Planning Commission, you have records to show that this particular person put in a pool without a permit and there was quite much ado about it. She started doing this feeding and all of this and the animals, I think you asked the question, go back and forth to the road from the First Landing State Park all the time. I can hardly drive home at night without having to avoid one so we may have more dead animals than we have live ones if this becomes kind of a Mecca, to what is going on. We have a film of the raccoons all over the place. We have seen and I can testify under oath that feces from this are put in the canal, which is in the back of her house. The Item #2 Mary Meyer Page 16 problem is she can say that I'm going to have all of this done, her history is a horrible disregard for rules, like when we you a pool in and you can't feed animals, and all of that sort of thing. To answer your question, what it may have to do with it, Section 223 of the City Code states that no structure occupied by such animals shall be within a 100 feet of the property line of any adjacent lot. So, you're going to have to throw out that description in the city code or over rule it or do something like that. So, I think there is much more than meets the eye. And, a number of the things you heard today I know for a fact are not reliable. So, I think you have a big problem on your hands in making a decision. And believe me if there was one rabies case and someone died, you would all be responsible. Thank you. David Redmond: Don't go away. Are there any questions for Mr. Mooz? No?. Thank you. Peter Mooz: I might also say that the rules say that the animal waste must be put out every day, every single day according to the City Code. Are we going to have waste sitting on the front of her driveway every single day? They only pick it up once a week. And what about these volunteers? They are going to come and park all over the place. Already, she operates a very large business with people parking there on a regular basis, and we're going to have more cars? This as you know, is one of the most pleasant, calm dead end, nicest street in town. And it certainly this does not conform to the normal everyday what you would expect in that typical neighborhood, and that's your key. Would you expect this kind of activity and behavior to be going on in this type of neighborhood? David Redmond: Mr. Horsley. Donald Horsley: You said you can testify that you've seen waste thrown in the canal right behind her? Peter Mooz: She has an enormous dog with enormous waste and it goes in the canals. Thank you. Bob Thornton: We have no more speakers. It would be now Ms. Meyer's turn for rebuttal. David Redmond: Ms. Meyer welcome back. Mary Meyer: Thank you. Yes, I have dogs. You're welcome at any point today to go look at my pooper scooper, my trash can where it is kept, where it is collected and put in for sure pine needles but certainly no dog waste. Another thing is that I don't' have a pool. I have just a Jacuzzi that replaced another Jacuzzi but I don't have a pool. Getting back to the first part, I guess, over hysteria. We live on Seashore State Park. Not only is Susan Constant full of raccoons, foxes, etc., but so is Goodspeed and the rest of the entire development. Since I've never done a fox today, we can't really meet on the foxes. They're wild, they are there. They are all over the place. And certainly no rehabiltator would put bones out across the street, nor Item #2 Mary Meyer Page 17 do I put food across the street. Yes, I have bird feeders. Yes, I have peanuts and really good stuff because I am a rehabber. We get a bag this tall (using hands) of gorp-worp crushed peanuts for birds and yes, we do feed them. Let me just think. State safety. We are again working with the vets, the wildlife vets. We work with Waynesboro Wildlife Center on their protocol as far as what they are using as inoculation. We also work with Kentucky Wildlife, who solely does raccoons. I said they do over 300 a year. They have to microchip their raccoons when they come in to make sure that all of their injections, etc., are up to date. SPCA. That's funny. I'm getting a foster dog today. Yesterday I got a bird call, the day before I got a bird call. And I've got two raccoon calls. In the last ten days from SPCA. I've talked to the hotline, they continue to use me, and as I said, I am actually legal here as a foster for great Pyreness because I own one. It is for a short term foster of a Great Pyreness dog. Again, I'm below state numbers on the form below of dogs. Wrap up on waste? All of it goes into my trashcans. Dead animals, talk to Animal Control. They handle my dead animals. They handle my euthanizations of all the animals that need to be euthanized. They know me there as well. Yes, Pearl, is with who I work with. Sacred Hearts, we do an extensive amount of work together, I handle the triage for the mammals side and she handles all of the federally protected. She is the highest level wildlife rehabilitator in this entire state, except for Waynesboro. I know I am blinking. I don't have a pool. My business is run on Birdneck. I do have my secretary that parks there but I do have college kids. If you look at state records my business and most of my people work at Birdneck when it's during season. My secretary does work at my house and I can.. Peter Mooz: Outburst from audience. David Redmond: excuse me for a second. Please sir, do not interrupt us. She is speaking. Mary Meyer: The additional traffic is one secretary who follows me between the office on Jessen Drive off Birdneck Road versus my home. And that happened actually when I was pregnant with twins. David Redmond: Questions for Ms. Meyer? Ms. Oliver. Dee Oliver: Ms. Meyer, you just mentioned that you have a business off of Birdneck. Mary Meyer: Yes. Dee Oliver: For the animals? Mary Meyer: No. Surgical products. Dee Oliver: Oh. Mary Meyer: I'm an U.S. importer and distributor of surgical products. Item #2 Mary Meyer Page 18 Dee Oliver: Okay. David Redmond: That is what you do for a living. Mary Meyer: This is my volunteer work. Yeah. I do that to afford the shots for my raccoons. David Redmond: Understood. Mr. Weiner. David Weiner: Is there a rabies test you can give the animals? Mary Meyer: No, pre exposure. What they do if they say okay animal control, its rabies, they actually decapitated and test the tissue. Parvo and distemper, yes, there is a test. But as I said, three major rehabilitators one doing it almost 40 years, we haven't had rabies, not one case. Yes distemper. Yes Parvo. The one that is closest to the SPCA has tons of raccoons and foxes, and have never seen a case of rabies. David Redmond: Other questions for Ms. Meyer? Mr. Ripley> Mary Meyer: Yes. Ronald Ripley: Ms. Byrnes indicates that you are calling the wild animals some sort? Mary Meyer: That was crazy. Not at all. Ronald Ripley: Hold on a minute. I would like to ask the questions. You're dealing wild animals to feed them. You're attracting them purposely? Yes? Mary Meyer: I have enough wild animals in my house. Thank you. That I'm dealing on a daily basis. At one point during the depths of the summer, I put a big silver water dish for the wild animals to drink out of it. And also another fallacy is nobody had me tear down the cage in the front yard. There was no letter, there was no communication between Mike Byrnes and myself. I moved it. Ronald Ripley: Was that a yes or a no? Mary Meyer: Oh, I'm sorry. I do in the front of the house. I have nuts. Ronald Ripley: Would you remove those foods? Would you cease from doing that because you're actually for a Conditional Use Permit to treat these animals and it is a worthy cause and all of that but if you're attracting wild animals to the neighborhood, Mary Meyer: I don't do that. Item #2 Mary Meyer Page 19 Ronald Ripley: That the neighbors.... The purpose of a Conditional use Permit is just this, is it compatible in the neighborhood? Mary Meyer: Correct Ronald Ripley: That is what we are trying to evaluate here. Mary Meyer: Then everyone in the neighborhood needs to take down their birdfeeders. Ronald Ripley: We heard testimony that you bang lids. That is attracting foxes. Mary Meyer: Absolutely not. Ronald Ripley: You're saying no. Mary Meyer: I'm saying no. If you talk to people in Goodspeed, they got more foxes than we do, and as I've said, I've never even done foxes. Ronald Ripley: Thank you. Mary Meyer: Okay. David Redmond: Ms. Oliver. Dee Oliver: One more question. I would like to go back to here where the raccoon scaled and you're trying to get them back and things like that. Mary Meyer: Oh, the mother raccoon. Dee Oliver: How often does that happen? Mary Meyer: First time for me. And it was just the mother, and it wasn't two. It was one mother. What happened was I was transferring from -remember I was telling you all that there is a period of quarantine before they go to the big cag- and it was in a transfer with the mother and a baby between a quarantine cage and the main cage that she escaped. They are very quick intelligent creatures if they want to get out between the two. First time it happened to me. As a matter of fact, Mike was the one that helped me spot where the animal was going. Dee Oliver: Because raccoons can pretty much scale anything. Mary Meyer: They are fast. It was the first time for me. Yes it does happen as Pearl said from Federal. Are there any other questions? I Item #2 Mary Meyer Page 20 David Redmond: Mr. Horsley. Donald Horsley: The facility you got back there, the screen in area, Mary Meyer: Yes. Donald Horsley: That is where you keep all the raccoons? Mary Meyer: The raccoons. Yes. There is another cage but it is just like a wire birdcage. Donald Horsley: Well, if you got him and he is quarantined, okay. Do you go in there? You are in the cage with them aren't you? Mary Meyer: Of course. An isolation cage is different. Donald Horsley: Are they all in the cage? Mary Meyer: The quarantine cage is one. You know those bigger bird cages that cage this long (using hands). It is just a standard bird cage. Donald Horsley: But it is not all within that structure? Mary Meyer: No. We have to keep them separate, the one right there with the top on it (pointing to Powerpoint). Donald Horsley: Okay. Mary Meyer: Although that dog house has been there a million years, it is getting torn down and taken away. That is the quarantine cage. David Redmond: Got it. Mary Meyer: But the actual shed today is in the main cage. But it was the transfer between the two cages which the mother got loose. Bob Thornton: So after they leave that quarantine cage, you put 8 or more in this big cage? Mary Meyer: There are eight in an 8 x 10 correct. Bob Thornton: 8 in there. David Redmond: And there are separate cages in that enclosure? I Item #2 Mary Meyer Page 21 Mary Meyer: Right here you see these side structures, first there is a waterfall and next to the ramp is there sleeping quarters. There are three sets up sleeping quarters about ten feet like that (pointing to Powerpoint), and these corner structures are basically platforms. If you deal with raccoons, they love to layout near platforms. Near the bottoms you can't see but in here there are play toys, cat trees, some of the fun things. If you know anything about a raccoon, they certainly play a lot. So yeah, inside, it does have the sleeping quarters, it has an eating area and raccoons are like a cat, they eat, poop, etc., in a litter box. So you will see a litter box in there as well. David Redmond: Mr. Hodgson. Jeff Hodgson: Have you ever gotten bit by any of these raccoons when you go in there? Mary Meyer: No, no, no. They are fine. They are very gentle. And what they do as a matter of fact, the last six we have we have a period called wilding. Because when you have babies and you're feeding with a bottle, they become attached to you. The last six weeks you go into the cage, you clean it, you put the food down and you leave. So they start getting wild to the point they don't want humans. As a matter of fact, I should have brought up, we had these pans that you shake to scare them. David Redmond: Okay. He got his answer. Mary Meyer: Okay. David Redmond: I don't mean to cut you off. We are spending a lot of time here. Mr. Brockwell. Ross Brockwell: It just occurred to me from the shed we were showing, is it difficult to manage eight raccoons not escaping when you're opening the door? Mary Meyer: No, they are easy. They are only about his big (using hands — eight inches). What I do is I just open the door and shut it back in place. Those have never escaped. It is only the bigger mothers on the adult level that you have problems with. David Redmond: Go back to the photo of the raccoon if you would Kevin. Didn't you show us this morning? So they are that size (looking at PowerPoint — can be held in one hand)? Mary Meyer: Yes, that's the beginning. Yes, that's the baby. I get them anywhere from this size to probably that size. David Redmond: Can you come back to the microphone please? Item #2 Mary Meyer Page 22 Mary Meyer: when I start. David Redmond: Any other questions for Ms. Meyer? Mr. Brockwell. Ross Brockwell: I have a question for staff. David Redmond: Okay. Ask away. Ross Brockwell: Could you guys discuss, what are the mechanisms for ensuring that the conditions of the permit and the terms of the section in zoning are adhered on that? David Redmond: Karen Lasley. Karen Lasley: It is handled by our Zoning Enforcement and there is a very good zoning inspector assigned to this area. And if this is approved by City council, I will make sure that she gives these conditions attention and she will be in contact with the applicant to check on it periodically. And, the neighbors are free to call zoning enforcement if they see issue with it. We truthfully get a lot of help on enforcement from neighbors. Mary Meyer: They have all been to my house too in the last three months. David Redmond: Did that answer your question? Mr. Inman. Mike Inman: As a follow up to that, what would happen if you determine that it was noncompliant with the conditions and the Use permit if it was granted? Karen Lasley: First we always work with the applicant to try get them in compliance, and if that is not successful or if there is a continued pattern of not sticking with the conditions, we start the revocation of the Conditional Use Permit process where I write her a letter and say you have to at least give her 15 days notice, I think it is, and it would be back on your agenda and council's agenda with our recommendation and report on the problems to revoke the Use Permit. Mike Inman: Thank you. David Redmond: Is there anything else? Alright, thank you ma'am. Mary Meyer: You're welcome. David Redmond: We appreciate your time. And with that we will close the public hearing and open it up for discussion amongst the members. Mr. Weiner you had a lot of questions. I Item #2 Mary Meyer Page 23 David Weiner: I'll start. I wish we could have seen more the civic league or them saying that the SPCA did not use her but we did not. I have to tell you that I commend Ms. Meyers. I think she is doing a great job. I got to say that banging pots and pans every fox or squirrel in that area and when they hear a loud noise , they run> they don't come to food. In saying that, I support her 100 percent. David Redmond: Mr. Inman. Mike Inman: I respect what Mr. Weiner has to say, but we are not a court and I don't think we have to rely on only what we heard today. I think we need to hear a lot more. I don't think we can just make a reasonable decision on this application without having staff give us more information from the SPCA. What are the facts with the SPCA? I got conflicting information about the SPCA as a referral source and any other referral sources. And we got to be concerned about the fact that this Use is going on without a permit and has been for some time. I just think there is a lot of concerns here and we need answers that we don't' have, and I would suggest that we ought to defer it for30 days and get some answers, and come back and have that information at our disposal. David Redmond: So my question would be what is the relevance of the SPCA question? The SPCA doesn't license her or any other rehabilitator. I don't care if the SPCA likes her or doesn't like her. To me, it doesn't seem to be relevant to her at all. Mike Inman: What about the licensing? David Redmond: Well, she is licensed. Mike Inman: How about the people who license her? David Redmond: What about it? Mike Inman: What about it? David Redmond: She is licensed. Mike Inman: I would like to hear what they have to say about her history. David Redmond: Okay. I don't understand what the relevance of the SPCA question is to banging on pots and pans to leaving food out for something else. If this Conditional Use Permit is denied or approved, she is probably going to continue to do the same thing because she can realistically with leaving water out or peanuts or anything else, so I think we ought to and keep this really focused on the application and whether or not it is an appropriate use, and there are question about that without bringing in extraneous matters like what she might do in the front Item #2 Mary Meyer Page 24 yard ,is very frankly completely irrelevant to a Conditional Use Permit application. When it is disturbing for my neighbor when they are feeding animals in front of their house, I would be ticked off about it, I just don't know what it has to do with the CUP. Ronald Ripley: I think that's the crusts of it. Does it fit in the neighborhood? You have neighbors that are complaining that this is a use that is being injected in the neighborhood when it was never intended to be. I live in an area and many of you have been down where I live and it is a wooded area, there are foxes and raccoons down there. I feel for them too with my dogs and cats and whatever. The fox show up and there are no rabbits anymore, these things, and if you're attracting them. It is one thing to live with them and I think the fact that these people chose to live in this a particular area next to the state park, they are going to have part of that. That's part of what is going to happen here. But attracting them and trying to be a focal point to make them come in to eat, they will come in to eat. The raccoons will get in and wreck my trash cans, and I'll have to catch them and get them out of there. Once they decide there is food, they will just be back night after night, after night. If you don't bang cans, and they know there is no food there, they won't show up. So, I think the neighbors have genuine points here and I think I'm concerned that this lady is not very genuine as to her intent. She wants to rehabilitate these animals. I think that is wonderful but she - it looks to me would like - to do more than that, and maybe that is the nature of the way she is, which is fine. I am not being critical of that, but I don't think she is trying to be compatible to the neighborhood as much possible and I think that is my real concern, so I'm contemplating and I won't support it, but I'm not sure. I think Mike has an idea here, and if we had more information because we haven't denied one of these yet, I don't think but we have had a situation where the neighbors have been this vocal either, that I can recall. Maybe someone can enlighten me but I don't remember that. Mike Inman: Mr. Chairman, I would like to make a point that on a lot of applications we expect the applicant to go to a civic league, go to neighbors, and her case, to go to them to ask for support or to do nothing or sometimes, they end up opposing, but there doesn't seem to have been a current dialogue initiated by the applicant and with the civic league about her application. David Redmond: Mr. Horsley. Donald Horsley: I'll say my two cents. I visit wild life rooms quite frequently. We don't have rehabilitators out there that I know of but I respect those people who do that. I think we had approved a major rehab recently off of Salem Road. Didn't we Jack? Jack Whitney: Yes sir. Donald Horsley: For doing things like this. To me, this site activity just does not belong in a residential area like we have there. I know we've passed some but we didn't have Item #2 Mary Meyer Page 25 neighborhood opposition. There is no way I can support this activity with the neighborhood opposition that we've got and knowing that animals are drawn around. Even if they are caged they still draw other animals. Wildlife can get to be like that. People like squirrels, but they can be ruination of your home if they get in it. So, I just don't' think this neighborhood has to put up with this, so I will not be supporting the application if we vote on it today. David Redmond: Is there anybody else? Jan Rucinski: I just have a question about the revised conditions that we got. Number six was added to limit the possibility of further attracting by not providing the bird feeders and the receptacles. I thought I heard indicated by the neighbors that she is doing that, and she is not. She was going to continue to do that? David Redmond: Let's be clear. That was something Ms. Oliver had discussed. There is no agreement that was going to be part of this. Jan Rucinskl: Okay. David Redmond: if you want to bring it up that would be fine. Jan Rucinski: No. I think that she already stated how she felt about that anyway. David Redmond: Are there any other questions? Is there any discussion? I disagree with many of you. I think the objects that have been noted are things that have nothing to do with. As Mr. Ripley says, they have to do with behavior that some of you look at as neighbors but I don't think it has anything to do with the substance and the thrust of this application, which is the rehabilitation part. It is properly licensed. Staff has been out, inspected it. No odor, no flies. No rodents. It is difficult and we see it with cell phone towers. The folks next to the cell phone towers. They don't like those. There is always going to be some tension in a lot of the applications that we see, but the things that seem to the greatest amount of concern and anger have to do with is not having a front yard not that which is the subject of the Conditional use permit application. And if this Conditional Use Permit application is denied, then it will have no effect whatsoever on her behavior in the front, so, I don't think that is going to be resolved in the context of this Conditional Use Permit. That is something that is just going to have to be a conversation continuing between neighbors, which is never easy, and I understand all of that. But that's the way it is in my view so, I haven't seen anything in this application to where I believe she is a bad rehabilitator. And, that is really all I see in this. I don't want to blow it up in to at something. I don't care whether the SPCA does or doesn't work with her. It doesn't strike me at all as relevant. There are other things that have been raised that are I think are important but I don't think they rise to the level where it would cause us to deny it. She seems like she's performed the Use well, and I am utterly unconcerned by the fact that she operates now without a Conditional Use Permit. Half the churches that operate in shopping centers that we Item #2 Mary Meyer Page 26 see operate because they really didn't need a Conditional use Permit, and I never treat that as some sort of ill intent on their part. I think these folks have some legitimate objections. They don't seem to be the type of things that apply to the subject of the Conditional Use Permit. So, I'm going to support the application. If someone is to make a motion to deny it, then I'm going to oppose that. Jeff Hodgson: I'm sitting here listening to both sides of it and I can see both sides and I think she is doing great work with on what she is doing, but I think, I got a seven year old at home and I'm trying to figure if my immediate neighbor, whose house is 15 feet from mine, was doing this, would I be concerned about my son's safety. We got small dogs, but I'm more concerned about my son. If one of these things got loose and potentially. I know she answered my question about rabies when your there, and I thought I knew, but from what Mrs. Byrnes, said the only way to test for rabies was to actually check the brain tissue I don't know how that is being done on side right now. I had an experience with a raccoon on my front porch and when they showed up to remove it they told me right then and there that it was positive it had rabies because the way it was chewing on its foot and it was kind of looking in space and being aggressive. I'm torn as to whether we have rabies or we don't' have rabies here, or if we can test for it or we can't test for it. I'm also thinking about the feedings at night. I hear they have to be fed three times or every three hours. But I was looking at it, as it is done outside, in the facility and you have your bedroom window next door, I can imagine something in there at 2:00, and then 5:00, and then 8:00, there is going to be some noise associated with that. 5o I am really, really, really, on the fence on this one, probably more than I've been on anything in a long time. What Mike said about having some more information on it, I don't think is a bad idea because for me I think there are some unanswered questions that I don't have. At this second, I don't know which way I'm going to push that button. David Redmond: Ms. Oliver. Dee Oliver: I have to say that I agree with you as far as the Conditional use Permit goes and all of that. Once I saw that shed and realized there are eight raccoons hanging out inside and framed in little shed from the back that unnerved me a little bit, the fact that she is in and out. I had assumed that all of these animals were individually caged and that they were locked and secured. I just think the opportunity for a raccoon to get out when she is in and out and she's got eight and they are in a cage like this, and I know you have been doing this for some time, and then you find one on the other side of the neighbors deck and she is chasing it with a net. I've got children. It is just too close to the children, to the other people and that concerns me. David Redmond: You saw where these folks live. Believe there is plenty of wildlife crossing that deck. Dee Oliver: I know that. I get that, but we're talking about the way they are contained. I assumed that they were caged individually. 11 1 Item #2 Mary Meyer Page 27 David Redmond: Mr. Weiner. David Weiner: How can we judge something that we don't know? Has anyone ever been in a cage with a raccoon before? I don't even know how they are going to act. How do we know that if we open the door they are going to run out? How do they know she has food there? They are not going anywhere. They are going to go where she has food. We all know that. My neighborhood has raccoons, opossums, foxes and I live near a swamp, and as soon as you walk outside and see them they run. They don't run towards you to scratch you they run from you. That is my take on it. I just don't see how that has anything to do across the street. Like I said, I think she is doing a great job for what she is here for this application and she is licensed. I think she is doing a great job. David Redmond: Mr. Inman Mike Inman: I make a motion that we deny the application for the reasons that you heard. I don't think we have enough information, if others are interested in a deferral, I will be open to that but I will start with a motion to deny it. It is an inappropriate Use of this particular environment. Ronald Ripley: I'll second it. David Redmond: There is a motion on the floor by Mr. Inman and seconded by Mr. Ripley to deny the application. Is there any discussion on that motion? Mr. Weiner. David Weiner: What other information would we be looking at? I'm just curious what other information would we be looking for? Michael Inman: I would be looking for information from staff about her history of annual review by the licensing agencies, on whether there are any negative remarks or not about her operation. I do think it is relevant to have information from her referral sources as to why, if in deed, they are not referring to her. There is a conflict as to whether they are or are not referring to her. If they are not, why are they not? Is there a legitimate basis for that? And, it could all go in her favor. I might find out there are no issues there. We don't' know. That is the trouble. We don't have enough information. David Weiner: Can I ask staff that? David Redmond: you may. David Weiner: Can we get information? I Item #2 Mary Meyer Page 28 Stephen White: Certainly. We will do our best to get the information. The first part should be very easy, the second part might be a little more difficult in terms of the licensing the comments made by the wildlife. That's easy to get. David Redmond: Okay. Bob Thornton: May I make a comment? David Redmond: I would ask folks to think about it to be wise to defer it and get these pieces of information. And maybe that is instructive. I will say this. I like to hear that if there is going to be some input from the SPCA, I don't want to get it second hand, no offence folks, I want to hear it from the SPCA. So one time, I talk to the SPCA, no, he says, she says, you know. If they have some stake in this, I would think they would be here and be stating that case. I haven't seen it so I am a little frustrated frankly because we're making judgments based on people who are not hear to express their views and that strikes me as kind of unfair to the applicant, but anyway, so, Mr. Thornton? Bob Thornton: I tend to be in the side with Mr. Ripley and Mr. Horsley. I think we are dealing with a Use is a not here; that we have to look at the appropriateness of the behavior of this activity in this neighborhood. I for one don't' think it is appropriate to have these wild animals in a cage in a residential neighborhood and if we get into a discussion about the authencity of the inappropriate Use, it is kind of wasted time. So, I'm in favor of the motion and the second. I personally think this is a very inappropriate Use for the neighborhood to spend time judging or venting whether it is a good or inappropriateness use or not, I don't think we need to go there. But those are my comments. David Redmond: Mr. Weiner, did you want to make a substitute motion or do want to go ahead. David Weiner: I make a motion to defer it until we find out more information that Mr. Inman would like to see, also. David Redmond: So there is a substitute motion offered by Mr. Weiner to defer the application. Correct? David Weiner: Correct. David Redmond: Is there a second? No? Okay. So, the underlying motion is the motion by Mr. Inman and seconded by Mr. Ripley to deny the application. Last chance folks! Okay. Mr. Weeden, let us know. I Item #2 Mary Meyer Page 29 AYE 8 NAY 3 ABS 0 ABSENT 0 BROCKWELL NAY HODGSON AYE HORSLEY AYE INMAN AYE OLIVER NAY REDMOND NAY RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER NAY Ed Weeden: By a vote of 7-4, the Commission has denied the application of Mary Meyer. David Redmond: Okay. Thank you all. 11 a N 0 a 3' to Conditions/Proffers. Open Space Promotion a-qH ,1O4 SaSJOH — d/» ]NNV SS33N1Ild u ' C` fi- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH HORSEBACK (Applicant) / CHARLIE & ROSEMARY THOMPSON (Owner), Conditional Use Permit for Horses for Hire, 1117 Horn Point Road (GPIN 2422341670). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 8, 2014 • Background: On August 12, 2013, The Zoning Office provided the applicant with written notification that the applicant was illegally operating what the Zoning Ordinance defines as "Horses for Hire." The applicant was informed of the need for a Conditional Use Permit. The subject property is zoned AG -2 Agricultural, and Section 401 of the City Zoning Ordinance requires a Conditional Use Permit for "Horses for Hire" when such use is not associated with a bona fide agricultural operation. After the written notification was provided, the applicant continued to operate through the remainder of the 2013 summer season. An application for a Conditional Use Permit was submitted in March 2014. NOTE: After this conditional use permit for "Horses for Hire" was heard by the Planning Commission on June 11, 2014, City Council adopted, on June 17, 2014, amendments to the Agricultural Districts in compliance with State mandates, which made "Horses for Hire" a permitted use in the Agricultural Districts. Because this Virginia Beach Horseback operation proposes to take the horses off-site, a conditional use permit is still required. In the future, such off-site horses for hire activities will come forward as a conditional use permit for "outdoor recreation" in the Agricultural Districts. It has been determined that City Council may hear this Virginia Beach Horseback request as currently advertised since the code change occurred following the Planning Commission public hearing and because the activities proposed have not changed. • Considerations: The front of the subject site is gated with a tall iron -rod style gate and has a long narrow gravel driveway that leads to a single-family detached home located near the rear of the lot. The remainder of the lot is vegetated; however, it is not devoted to an agricultural operation. The applicant transports the horses each day via a truck and trailer to the site. At the beginning of the season, the applicant assembles a temporary corral on the site (a similar corral is shown near the end of this report). With the exception of taking customers on tours, the horses are kept in the corral until they are placed back in the trailer and PRINCESS ANNE %1-15 Virginia Beach Horseback AGI! " Z10,1 VIM c«wei..P,Nw.. Op. SPen Moan. REQUEST: Conditional Use Permit (Horses for Hire) CUP - Horses /or Hire ADDRESS / DESCRIPTION: 1117 Horn Point Road GPIN: 24223416700000 D1 June 11, 2014 Public Hearing APPLICANT: VIRGINIA BEACH HORSEBACK PROPERTY OWNER: CHARLIE & ROSEMARY THOMPSON STAFF PLANNER: Kristine Gay ELECTION DISTRICT: SITE SIZE: AICUZ: PRINCESS ANNE 219,309 square feet Less than 65dB DNL BACKGROUND / DETAILS OF PROPOSAL This item was previously deferred on May 14, 2014 at the request of the applicant to provide additional time to address issues raised by staff and surrounding property owners. On August 12, 2013, written notification of an illegal operation of the use defined as "Horses for Hire," and thus, the need for a Conditional Use Permit was provided to the applicant. The subject property is zoned AG -2 Agricultural, and Section 401 of the City Zoning Ordinance requires a Conditional Use Permit for the use defined as "Horses for Hire." After the written notification was provided, the applicant continued to operate through the remainder of the 2013 summer season. An application for a Conditional Use Permit was submitted in March 2014. The subject site is located at 1117 Horn Point Road and is just over 5 acres in size. The front of the site is gated with a tall iron -rod style gate and has a long narrow gravel driveway that leads to a single-family detached home located near the rear of the lot. The remainder of the lot is vegetated; however, it is not devoted to an agricultural operation. The applicant transports the horses each day via a truck and trailer to the site. At the beginning of the season, the applicant assembles a temporary corral on the site (a similar corral is shown near the end of this report). With the exception of taking customers on tours, the VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 1 horses are kept in the corral until they are placed back in the trailer and transported again off site in the evening. The applicant keeps between 9 and 11 horses on site daily. Tours are an hour long and can accommodate up to 9 individuals at a time. Customers make their reservation on line, and meet the applicant on site. Customers are given directions, the horses are saddled up, and the tour begins; the customers are led out of the gated entrance and north on Horn Point Road for one half of a mile, where they then enter Back Bay from the public -right-of-way of Horn Point Road. The majority of the one hour tour is spent in Back Bay and advertised as "swimming on horseback". The applicant is proposing to operate seasonally each year, from June to September. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • Single family dwellings and wooded or agricultural land USE AND ZONING: • AG -2 Agriculture District South: • Single family dwellings and wooded or agricultural land • AG -2 Agriculture District East: • Single family dwellings and wooded or agricultural land • AG -2 Agriculture District West: • Wooded and natural area • AG -1 Agriculture District NATURAL RESOURCE AND A portion of this property is located in the Southern Watershed CULTURAL FEATURES: Management Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The subject property is also located in the Southern Watershed, for which the Southern Watershed Area Management Plan was adopted in 2001 as an amendment to the Comprehensive Plan. All associated policies for protection of the Back Bay Watershed, as set forth in the plan, as well as the regulations of the Southern Watershed Management Overlay District, should be considered in the design and operation of this use. IMPACT ON CITY SERVICES WATER & SEWER: City water is not available. Health Department approval is required for private wells. City sanitary sewer is not available. Health Department approval is required for septic systems. VIRGINIA BEACHMORSE B Agenda Ite EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for Horses for Hire to continue guided horse tours from a property zoned AG -2 Agricultural. Section 401 of the City Zoning states that uses defined as, "Riding academies, horses for hire or boarding" are allowed with a City Council approved Conditional Use Permit. A portion of the subject site, and the public right-of-way used for the operation of the proposed use fall within the Southern Watershed Management Area. Section 2(b) of the Southern Watersheds Management Ordinance states that, "Extensive floodplains and marsh fringes bordering the waterways within the Southern Watersheds provide a unique and valuable habitat. Lands adjacent to waterways have an intrinsic water quality value due to the ecological and biological processes they perform or which occur within them." The portion of public right-of-way used for the operation of the tours is adjacent to the waterways. Applicable objectives of the Southern Watersheds Management Ordinance, found in Section 3, include, to encourage productive and enjoyable harmony among agricultural, recreational, developmental and conservation interests, and the natural resources of the city; to enhance, restore and protect the chemical, physical and biological integrity of waters within the Southern Watersheds; to minimize or reduce erosion and sedimentation; and to protect, restore and maintain plant and animal, including fish, communities in the Southern Watersheds. The Habitat Management Division of the Virginia Marine Resources Commission shared that recent inspections of this area of Back Bay have verified the presence of submerged aquatic vegetation (SAV). Submerged aquatic vegetation is an important natural resource which provides a variety of ecological functions, including stabilizing sediments, physically baffling wave energy, reducing water column turbidity, recycling water column nutrients, and providing high levels of primary and secondary production. SAV is considered to be of extremely high habitat value to commercially and recreationally important species of fish and shellfish. It is possible that conducting horse tours in the waterway could adversely impact the existing SAV; this side effect of the proposed use conflicts with the objectives of the Southern Watersheds Management Ordinance. Further, the Back Bay National Wildlife Refuge (NWR) determined during their Comprehensive Conservation Planning process, which resulted in the production of the Refuge Master Plan, that horseback riding was not an appropriate use on the refuge. While the bottom of the bay is not owned by the Back Bay NWR, they have submitted a statement of opposition to allowing the commercial use of horses in the bay and claim that this use will increase sediment suspension and contribute to erosion in the bay where the horses are active in the water, "This suspension of sediment in the water column impedes plant growth and could impact emergent and submerged aquatic vegetation which are important components of the bay ecosystem." Further, Back Bay NWR provided the concern that the horses may contribute to the dispersal of invasive species through the hay that they eat and distribute through their feces. Horse manure in the water can disperse seeds of unwanted plants in the bay, adding to the proliferation of non-native vegetation which competes with valuable native plant species that wildlife use or food and shelter. Staff has received numerous complaints from adjacent and nearby residents and property owners in VIRGINIA BEACH HORSE B ,CK Agenda ItemD1 Px 3 regards to the subject use and the request for a Conditional Use Permit. The main subject of said letters, phone calls, and emails of complaint are listed below and are graphically represented by photos at the end of this report. - The use disturbs the peace and privacy of property owners/residents on properties which front on Horn Point Road The difficulty and unsafe nature of walking or manouvering vehicles around groups of horses led by inexperienced riders on Horn Point Road The difficulty and unsafe nature of walking or manouvering vehicles around the parked horse trailer and customer vehicles on Horn Point Road The unsafe situation presented by establishing a business and attracting unknowing tourists/customers to an area and road that floods quickly and unexpectedly The unsafe situation presented by the possibility of horses straying loose from inexperienced riders - The unpleasant smell and insects caused by the innappropriate disposal of animal waste in the public right-of-way, Back Bay, and private property or the delay of appropriate collection/disposal of animal waste - The negative environmental impact the horses make on the bay Located on the site is an existing 9 -foot wide gravel driveway which angles outward to an 18 -foot wide concrete apron which connects to Horn Point Road. The width of the improved portion of the public right-of-way of Horn Point Road is 15 feet wide. For commercial uses, the current Public Works Standards require a minimum of a 30 foot wide entrance with 15 foot wide turning radii. The existing entrance and improved right-of-way are greatly deficient of the Public Works Standards which typically accomodate this type of commercial use. This deficency supports the concerns of residents regarding the congestion, danger, and difficulty of using Horn Point Road due to the horses and the trailers and vehicles parked on the road. Due to the conflicting nature of the proposed use with the objectives of the Southern Watersheds Management Ordinance and the numerous concerns submitted by affected residents, it is Staffs determination that the proposed use is not appropriate to this site, the surrounding land uses, the surrounding environmentally sensitive areas, or this portion of Horn Point Road. Respectively, Staff recommends denial of this application. VIRGINIA BEACH HORSE BACK Agenda Iter Di Pa eA AERIAL OF SITE LOCATION VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 5 rj SITE ENTRANCE VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 6 PHOTOS OF SITE VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 7 CORRALING METHOD/MATERIALS, TYPICAL r01 -11A BEAD `L VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 8 UR'.:' Swimming On Horseback Summer Months Only: lune 1st -September 7th Wednesday -Saturday On these rides we take a one mile journey to the North Bay taking horses in the water.This is located 20 minutes away from the resort. This is our newest attraction we have to offer. Ride Tinges: 2PM, 3:30PM, 5PM, 6:30PM Location: 1117 Horn Point Rd. Virginia Beach, VA Rates: • 575.00 per person for 1-2 Riders • 570.00 per person for 3-4 Riders • 565.00 per person for 5 + Riders "SWIMMING WITH HORSES" ONLINE ADVERTISEMENT WWW.VIRGINIABEACHHORSEBACK.COM AS"- ,.. .,,, i • VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 9 r. ` , Lr, o H rN P -4..44 AERIAL OF THE PROPOSED ACCESS POINT INTO BACK BAY AERIAL OF A PORTION OF THE PROPOSED ROUTE TO BACK BAY VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 10 HORN POINT ROAD LOOKING NORTH 200 METERS NORTH OF THE SUBJECT SITE PROPOSED ROUTE TO BACK BAY HORN POINT ROAD LOOKING EAST SITE ENTRANCE CONNECTING FROM THE SOUTH r, 0A -13E4 A. VIRGINIA BEACH HORSE BACK z. Agenda Item D1 Page 11 `' SUR N ai r; FLOODING AND CONGESTION ON HORN POINT ROAD VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 12 PRINCESS ANNE NI -15 _rap Not (0&ate Virginia Beach Horseback ' Zoning with Conditions Proffers, Open Space Promotion CUP — Horses for Hire ZONING HISTORY # DATE REQUEST ACTION 1 02/24/2009 Floodplain Variance Subdivision Variance Granted Granted 2 01/25/1994 Nonconforming Granted 3 08/10/1993 Subdivision Variance Granted VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 13 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) V i tt. i 0._ gew`c.i, �ksz s e lo-k- 1 13e,.rr.1 ros 4-c/ . L.1. SG ? sig 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ©'Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or emm loyee of M5ity of Virginia Beach have an interest in the subject land? Yes I I No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 1111/2013 op( W O p DISCLOSURE STATEMENT VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 14 I III DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (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 Govemment 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. -rte Property Owner's Signature (if different ' an applicant) Print NarNe fas-/ers- rhaAavtl-re s onii'So,. Print Name a Conditional Use Permit Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT VIRGINIA BEACH HORSE BACK Agenda Item D1 Page 15 Item D-1 Virginia Beach Horseback Conditional Use Permit 1117 Horn Point Road District 7 Princess Anne June 11, 2014 REGULAR David Redmond: Mr. Thornton will call the next agenda item. Bob Thornton: The next agenda item is D1. It's an application from Virginia Beach Horseback. It is a deferred item. It is for a Conditional Use Permit for Horses for Hire. I have several people in to speak in opposition but I don't seem to have a person to speak of favor. Is there an applicant to speak for it? Barry Foster: Yes sir. That would be me. Barry Foster. Bob Thornton: Okay. Come on forward Mr. Foster. David Redmond: Okay, Come on forward Mr. Foster. So you are the applicant? Barry7 Foster: Yes sir. My name is Barry Foster. I am the owner of Virginia Beach Horseback. We have been operating a business out on Horn Point. Last year we found out we needed a Conditional Use permit on agricultural property along Horn Point. There are probably several houses on that road. It is an agricultural area. There are probably more horses in Pungo than there are people. We are allowed to use some property along the road. We use the public road, which is a recreational road used by bikers, joggers, walkers. The horses walk in single file or they move on the right side of the road to allow car traffic to pass. It is a two lane road, although is it a small road. It has ditches on each side. The horses go out to the water, wade through the water along the public road, access the water from the public property and then come back a 1/2 mile back to the property to where they are temporary staged at a corral. The tourist and the locals that are interested in horseback riding park on the property. The horses stay on the property and from that point, they ride down the road through the water. This isn't something new, our business, even though it is new to the area, but there is an existing business, which is Easy Does Ranch, has been doing it for several years. We were there yesterday. They are operating as we speak. They were operating yesterday. The horses wade into the water, it's a sand bottom. It is approximately 3-4 feet deep depending which way the tides are blowing. They wade through the water in an area maybe a couple of hundred feet, a hundred feet and then exit the Back Bay and go back to their property where the horses are staged. They prepare to leave again. With that said, Back Bay is 9000 acres. It is 4 million square feet. We are accessing 1/4000 of their general area where there might be some aquatic grass stepped on. We are accessing a very small portion of the Bay. In this Back Bay, there are Item D-1 Virginia Beach Horseback Page 2 boats. There are jet skis, which are traveling everywhere. There is commercial crabbing. There are all kinds of activities, mostly boating. Our impact would really be insignificant compared to the blades of a boat traveling anywhere or multiple boats with hundreds of horse power driving through the aquatic grass and elevated sediment possibilities. That is pretty much the general idea of what we are doing. David Redmond: Thank you. Are there any questions? Donald Horsley: I've got one. David Redmond: Mr. Horsley. Donald Horsley: You said you went to a facility like your's yesterday in Back Bay. Barry Foster: There is another business. Donald Horsley: In Virginia Beach? Barry Foster: Yes sir. Donald Horsley: We need to find where it is. They are probably not approved either. Barry Foster: From what I understand they are approved. I don't know if there is a special use permit to access the Bay. It is a public road, public access. But the special use permit is horses for hire, boarding and riding academy. So, with that Special Use permit, they would certainly be in compliance. It doesn't really tell you where to go. Karen Lasley: This was just brought to my attention recently, like this week. That particular facility does have a use permit for boarding horses and horses for hire but their Use Permit said nothing about going off site, so in my opinion, if they are going to do this off site, in the water, they would have to modify that Use Permit to include that activity. Donald Horsley: Thank you. David Redmond: Thank you for that little tidbit of information. Are there any other questions for Mr. Foster? Yes. Mr. Hodgson? Jeff Hodgson: Is the selling point of your tour the water? I mean people are interested in coming to your property and being on a horse and riding around the property. What are they specifically coming for? I Item D-1 Virginia Beach Horseback Page 3 Barry Foster: They are specifically coming for the water. It isn't that enjoyable to ride on a small area of property but it is to connect with nature. There is farming that is going on, on this particular road. There are beautiful trees. It connects with nature and the water is the main selling point to just going into the water for 10 or 15 minutes and then come back. Jeff Hodgson: Okay. David Redmond: Are there any other question for Mr. Foster? No, okay. If you would stay close, we got some other speakers and then you will have the opportunity for a rebuttal. Barry Foster: Thank you. David Redmond: Okay. Thank you. Mr. Thornton? Bob Thornton: The next speaker is Laura Brock. She is a speaker in opposition. David Redmond: Welcome ma'am. Laura Brock: Hi. Thank you for having me. My name is Laura Brock. My husband Alan my two sons and I, we live at the very end of Horn Point Road where you access the water. My driveway exits right where the horses come to go into the water, and we actually own the land on both sides of the water access. Actually there has been some dispute as to whether it is our private property, and not public at all. It goes way back. That is a whole another issue. I just want you to know that these horses started last summer. They ride about 10-12 deep down our road from the starting point that you see into the bay right by my house. They come up and down the street about six times a day. They have blocked my driveway. They have blocked my mail delivery. They have slowed down the school buses coming to deliver my children home, which we have elementary, middle, and high school students where the buses come down six times a day when school is in session. They have blocked my trash delivery. They can't help but be on my property at some point because they are so deep, 10 or 12 horses deep. They drop their shoes, clothes. They have started to scoop the poop but don't get it all and a bag of poop and shovel are left on my property. They stop the tourists and they take their picture before they go into the bay. So, it is very hard to control that amount of horses and have them line up and not affect my property. My kids also swim in the bay there, and there are 10-12 horses and you know what they do. That particular area where you go into the water is not really a public landing use for boats. We have allowed people to come that have lived here over the years, many, many years, but there are people that come down and party there. There are broken bottles in that water. There is broken concrete in that water. It is not safe for the horses to be going in there. There are also pieces of timber from old duck lines. Duck lines get knocked down annually with the ice and pieces of timber float up so it is not a safe place for horses to be going in the water. We get in the water by our dock and fish out stuff before my kids swim and we find lots of stuff that is loaded up there. It also has really I Item D-1 Virginia Beach Horseback Page 4 impacted the grass that has started to grow back in the environment there. The other problem is the traffic. They do park where there are "no parking" signs at the end of our street. They will park their car that follows them to scoop or the person that is scooping. They will park along that street so people can't get by them. They also park at the very sharp turn. When they initially started, they had their trailer unloading and reloading on the street. They had the customers parking along the street. We could hardly pass on our street. I don't know if you've been there. You can hardly pass, two cars trying to pass. I was in an accident with Mr. Foster and his trailer at the front end of Horn Point Road on July 21, 2013. I was coming down to take my kids and two other kids to practice, and he came around the corner at the front of Horn Point Road towards Muddy Creek and ended up hitting my mirror. He came around really fast, hit my mirror. I couldn't' get out of the car because the water and the ditch was right alongside, and his car was right there. He was also very aggressive saying that I hit his car when I stopped and I have the complaint that I made. I made a complaint with the police so I have a copy of the crash information. David Redmond: Mr. Brock, I'm sorry to tell you that your time has expired. Laura Brock: Okay. Thank you. Are there any questions for Ms. Brock? Mr. Horsley? Donald Horsley: Could you put the picture back up Kevin of the landing? Ms. Brock is this your home here? Laura Brock: Yes it is. Donald Horsley: And your property you say is on both sides of the public access belongs to you? Laura Brock: yes sir, it belongs to us partly. Donald Horsley: So the only way to get is to come through the public right-of-way, which is very narrow. Laura Brock: A very narrow portion. Correct. Donald Horsley: Okay. And they go out into the water here and do they come back her or do they come back in another location? Laura Brock: They go out in the water. They line the horses up and charge them back and forth. I got a video I've sent to you all. They try to run the horses back and forth. I have a picture here, yelling "yaya." They do this about six times a day. We've actually watched where a horse buck a rider off and the horse ran all the way down Horn Point and Muddy Creek and almost got hit by a car. They do this about 6 times a day. They enter and exit at that place. Item D-1 Virginia Beach Horseback Page 5 Donald Horsley: Thank you. David Redmond: Any other questions for Ms. Brock? Donald Horsley: Can you pass those pictures around? Laura Brock: I sure can. I've got pictures of them on the road. I've got the police report. Donald Horsley: Start over there with the pictures. Dave Weiner: I've got one quick question. Is that a public access right there where they can launch boats or anything or does it dead end into the water? Laura Brock: It is a dead end into the water. It is not on city maps as public access and it is not advertise as city access although people do use it. We have been very compliant about that as long as they are minding their own business and staying off the property and doing their own thing. We are okay with that David Redmond: Thank you. Bob Thornton: The next speaker is Andrea Whitehurst. Andrea Whitehurst: I am Andrea Whitehurst and I live at 1176 Horn Point Road. I'm the first property on the left as you turn onto Horn Point Road. My concern is landing in the ditch. Almost everybody on the road either has an SUV or a big truck, and at one point last yer I was pulling out the driveway and they were turning on to Horn Point Road with this huge horse trailer and horses in it, and I was not going to try to go past them and lose my mirror and end up in a ditch so I just backed up into the driveway. So they could go by. Well at one point on our road, there are no driveways to backup into. There are only eight people that live on that road and the refuge is at the very end. I have some pictures of where people have gone off the road, and you can see how the City takes care of it, so a lot of these pictures, you can actually see there is not much between the road and the ditch and how narrow it is. So, that is my biggest concern. They don't pull into Ms. Constance's property. He doesn't own the property, he is leasing it. They don't even go in there. They tore up the refuge entrance trying to turn around and the man who takes care of it told me that they were forced to come and take care of that. Also, one more thing before I hand you these pictures, you can actually see what we're dealing with. Those horses sit out in that gravel in the hot sun all day long. There is no cover for them. I called the Human Society and they said they could not come out unless they were coming out for that reason, so he gave me the dispatchers' phone number and said the minute you see those horses out there with no cover or no shade, call us. We will be out there but they could not come unless there is a complaint. Those horses are sitting out in the hot sun all day long. Here are the pictures. Are there questions? Item D-1 Virginia Beach Horseback Page 6 David Redmond: Are there any questions for Ms. Whitehurst? No? Thank you ma'am. Bob Thornton: Next speaker is Mr. Mark Johnson. Mark Johnson: Hello everybody. I like the way the gentleman referred to the residents on the street. Stephen White: State your name for the record please. Mark Johnson: Mark Johnson. I live at 1112 Horn Point Road directly adjacent to where this operation is happening. There have been all kinds of altercations with these neighbors. I am surprised. 1 am surprised they are not here (the property owners). I'm surprised that applicant is here but the owner is not here. I paid a lot of money to be on this street. It used to quiet. It is not quiet anymore. I also run a commercial crabbing operation next door to Laura Brock. We deal with traffic non- stop it goes every day. What used to take 30 seconds to get to my house to the stop sign now can take up to 25 minutes depending on which way these horses are coming down. If we get a south wind and the Bay water is up the street is completely flooded to the point to where if you don't' have a monster truck or a SUV you are not coming down the street. These people take that trailer come down the street with their duallies, God help anybody that goes into that ditch or limited horse trailer. There is an accident waiting to happen there. Gut the biggest thing is they have no respect for the eco system known as Back Bay. This is my backyard, it is also everybody's right to enjoy but it has taken forever to take that mud puddle back into an eco -system that's thriving, healthy and everything. Crabs, fish, everything is in there. These guys are in contact with the bottom. Every ride charging back and forth, tearing the SAV out of the ground, just not breaking it, tearing it out of the ground. A boat doesn't do any damage to the SAV because we are not in contact with the ground. Every horse out there has four feet. They are wrecking the bottom. They silt it up, it comes into my soft crab facility, tides the water, kills the crabs. It is as simple as that. I just don't think they have any respect for the residents. They don't have any respect for the horses. They don't have any respect for the environment. I would like to see them off my street. David Redmond: Are there any questions? No? Okay, thank you. Bob Thornton: Our last speaker is Mr. Doug Brewer. Doug Brewer: Good afternoon. David Redmond: Good afternoon to you. I'm Doug Brewer. I'm the Refuge Manager at Back Bay National Wildlife Refuge. We're a Federal wildlife Refuge managed by the Wild Station Wildlife Service. I'm here today to voice the refuges concern about the issuance of a conditional Use Permit for horse riding on Horn Point Road and the use of Back Bay for horse riding. The Refuge has a canoe and kayak launch about 200 feet from the ongoing Horn Point Road, which Item D-1 Virginia Beach Horseback Page 7 will be impacted by horse activities. Boating launches, small kayaks and canoes must pass by the end of Horn Point Road to reach the main bay and having horses run into the water will disrupt boating activities and may lead to undesired horse and boat conflicts. People looking for a quiet paddle trip could find themselves amidst a horse and rider group. Not a good situation. We also have an issue with the use of our small parking area in our canoe and kayak launch as a turn -around for these huge horse trailers. We don't allow any trailers on the refuge because we have small lots. We don't even allow our boaters to have trailers on the refuge. The parking spaces are also used by non -refuge people, people who come down to take photographs of horse riders, watch their family members or kids on the horse rides. The refuge is also concerned about water quality declining due to increased sedimentation from what their website says, there are four horse trips per day four days a week. Horses running or walking in the water will stir up sediment, destroy submerged aquatic vegetation on Horn Point Road, and this increased sedimentation, blocks sunlight transmission through the water. It will increase the growth of aquatic plants, aquatic and emergent plants which in turn help to feed wildlife and provide habitat for wildlife. The bay, as Mark Johnson said is recovering from many years of poor water quality and we would hate to see it regress due to increased sedimentation from issues like horses in the water. The Refuge is further concerned about horses using Horn Point Road to access the Bay. Horn point Road is very narrow. There are occasional areas where there are blind spots in the road. Again, having four horse trips per day four days a week is going to have access issue for our employees for our volunteers and visitors for our canoe/kayak launch. Droppings on the road is a safety concern, water quality concern and the volume of horse activity proposed for the road leaves me to be skeptical that these issues are going to be cleaned up on a regular basis. In the past year, we've also had issues with, as we said before, with trailers and cars lining the road, parked on this very narrow road. Horses and riders waiting for other horses to come back in from the water, kneeling around into the refuge area, as I said as they wait for other riders. So, in conclusion, Back Bay National Wildlife Refuge does not support the issuance of a Conditional Use Permit for horse riding. Thank you. David Redmond: Thank you Mr. Brewer. I have a question. There is no Federal law that prevents the use of the refuge? Doug Brewer: Yes. This action is not an occurring problem with the refuge. David Redmond: Okay. Doug Brewer: Were adjacent property owners to the refuge, and you have a parking area, and a large facility adjacent o Horn Point Road. David Redmond: Okay. Are there any other questions? Mr. Horsley? Donald Horsley: Where do you all go in? I Item D-1 Virginia Beach Horseback Page 8 Doug Brewer: It doesn't enter the road. It is right here for a large facility it is actually up there and kind of continues around the curb up there. Donald Horsley: Okay. Doug Brewer: It is this area right here, where they congregate and right at our entrance to our canoe/kayak launch. Donald Horsley: Okay. David Redmond: Are there any other questions for Mr. Brewer? No. Okay, thank you very much. Doug Brewer: Thank you very much. Bob Thornton: That is all that signed up to speak for or against Mr. Chairman. David Redmond: Mr. Foster? You now have the opportunity for rebuttal. Barry Foster: Okay. As far as the car accident is concerned, I've never had an accident. I'm Barry Foster. You would see my name on the police report. My name would be listed but I've never had an accident with any residents and I'm saying it has not happened. It didn't happen by me. As far as the car parking on Horn Point Road, there have been some cars parked at one point but they are all parked on the property to make sure that the road can be accessed. It is a two lane road. It is a recreational road. And, so that problem is alleviated. So as far as droppings from the horse, the horses will be cleaned up immediately and I do pick up after the horses. I deliver to local organic farms in the area. As far as I don't have anything to prove this but I have talked to some of the neighbors that do sit out at the end of that boat ramp, and enjoy the waters as well. They had been asked to leave to the point where apparently the police were called and they had obtained a plot for the adjacent property owners. Apparently, they don't own the boat ramp or maybe that is in some dispute like the lady had spoken about earlier. But apparently, that is a public access point. It is not a private property. We are not crossing someone's private property by doing so. We were told that they apparently don't own that and it is a public area. The public comes and enjoys that area. As far as everyone sharing the road, canoers, boaters, there is plenty of road and plenty of Bay for everybody to use. I can't see how a horse will kick up more sediment than hundreds of horse power in an engine that will certainly kick up sediment as well. I consider horse being a very low impact compared to jet skis. If we had ten jet skis out there, that would certainly have a greater impact than horses walking in a very small 4 million square foot area, accessing a small area. I would like to work with the neighbors, and if we can't operate and Easy Does It Ranch can't operate, you would really be putting companies out of business. You're jeopardizing families. You're jeopardizing Easy Does It. Her income is based on this horse rental and rescuing horses as well I Item D-1 Virginia Beach Horseback Page 9 as is ours. It has a bigger impact. Our horses are now moved out to West Virginia and they are not working. They are out to a friend's farm, and we were spending thousands of dollars a month for tractor supply. All of the money has left the community. If another business goes down which would be Easy Does It Ranch, I would assume, from who we have talked to, the owner, that is the majority of her income, so it does have an impact on the people of Virginia Beach as well. There should be a way to make sure that there is no traffic issues with cars on the road. There is very little impact to the neighbors. The horses can walk in single file, which are a couple of feet wide compared to a car. It is a two lane road. SUV's can pass each other. If some cars are run off the road into ditches, it certainly is possible. I'm sure some of the residents have probably run off the road from time to time. It is possible. So anyway, I would like everyone to consider this is a business that employs people, brings money to the oceanfront that really enjoy doing this. It connects us to nature. It is what I consider a green business. There is no oil or gasoline leaking. It would be a green business that would be nice for Virginia Beach to have in the summer, for the tourists and the residents. There might be several people that are opposed to it but there I can pretty much say there are hundreds of people that are definitely for it to connect with nature in that way, with a green company that is connecting with nature, accessing the Bay, commercial people are using, accessing the bay to really enhance the park. Maybe a lot of people don't know the park is there. Some of that traffic that is probably generated from riding the horses might want to go to stay down at the park. Now that is certainly their option to do; so, it is an enhancement not a deterrent to come to the park at the end. David Redmond: Okay. Thank you, Mr. Foster. Are there any questions for Mr. Foster? David Weiner: I have a question. David Redmond: Mr. Weiner. David Weiner: how did you find this piece of property? Barry Foster: Through a friend. We need a location to operate so we have talked to some friends that knew there was some property available on Horn Point that would be willing to allow their agricultural property used to be to store the horses, and for people to park and ride them from the property. David Weiner: Were you aware that the Back Bay Refuge was against this at all? Barry Foster: I was not aware of it because there has been a business operating. We are basically bringing competition doing the same business that has been operating for years, doing the same exact thing that a business has been doing. We were not aware. I know there is possible opposition but I was not aware of it at the time. Item D-1 Virginia Beach Horseback Page 10 David Weiner: Having neighbors disagreeing and having the Back Bay Wildlife Refuge. That is kind of big. Barry Foster: Yeah, but if you get right down to it, well, jet skis, boats? Where does it end? Then maybe no one should use the Bay. If we're going to have a slight impact and you're going to compare that impact to boating a few horses a few hundred square feet of the Bay when there is thousands of acres of Bay, we are a very small impact. So at what point do you people accessing the Bay and there has got to be a happy medium that we can work together on. David Weiner: When you get a couple hundred pound horse walking in the water compared to a boat engine, it is kind of different. David Redmond: A couple hundred? That is a very little horse. David Weiner: If you have a thousand pound horse stepping on the mud, you are going to get some erosion. Barry Foster: As a matter of fact, the property that we have been allowed to use, the owner of that property is an environmental engineer and over the Bay water with the same business that is going on. The Bay water is going to be improving over several years, it is a sand bottom. It is like walking on the beach. It is sand, and we are not walking on grass. If you look at the photograph at the end of Horn Point Road, you will notice there is a white area which is a sand area, so you walk on the sand and the sand bottom. It is not mud. It is sand. So, that restores quickly. I haven't notice and I've only been there for a year, but I've been noticing the impact and if you went down there today, you wouldn't notice that a horse operation is operating as we speak because the prints in the sand are frequently washed away. David Redmond: Any other questions for Mr. Foster? Mr. Horsley? Donald Horsley: A lot of environmental regulations that have been passed down from Chesapeake Bay have come along through for agricultural operations for anybody associated with Chesapeake Bay. In fact, those animals that are on farms have to be fenced off of streams and waterways. And the reason for that is that you keep them out of the waterways so they don't' deposit feces and urine into the waters. I think that some of the concerns of the Back Bay Restoration Foundation is that you've got horses out there and are not helping to improve the quality of the water in Back Bay along with the other. Probably at the end, there is probably some sand that sticks out. The further you get out, I think you're in some water where grass and stuff is growing. I know that the Bay has been coming back in some recent years, and it is near and dear to these people's hearts. A lot of people work to restore Back Bay. I don't think this operation is helping. So, what is your answer to try to help keep the waters clean when you're running animals in the waters? Item D-1 Virginia Beach Horseback Page 11 Barry Foster: I would say this. I just travelled down 1-81, a five hour trip to deliver the horses out of the area, passing hundreds of ranches. I have not noticed the extreme of fencing the properties that have barbed wire fence on both sides to keep the animals out. Donald Horsley: You better look a little closer because that is the way it is. It is EDA mandated, federally mandated that it needs to be done. Barry Foster: With that said, that is not our issue here. We are accessing just a very small point in an area where trailers are backing in and kayaks. We can work together with this situation. We are a very small area with four million square feet that are not accessing. For the most point, we are accessing a very small portion, a very small impact. There are many more issues and the businesses that have a tremendous more impact than us. It is not a very good comparison. Donald Horsley: I think it is. I am very familiar with a lot of those regulations. It doesn't affect us to actually because we are not in the Chesapeake Bay watershed but we are in the Southern Water Shed, and we want to protect those waterways also. So, I don't have a problem with horseback riding but I do have a problem with riding in the public waters like this, riding the horses. David Redmond: Other questions for Mr. Foster? No? Last chance. Thank you Mr. Foster, We appreciate your time, and with that we will close the public hearing portion and open it up discussion. It is Princess Anne District? Donald Horsley: I pretty much have said my peace. I think it is a secluded area. It probably is a good place to go if people want to ride a horse. It is like this, I don't have a problem as long as they are not interfering with the public safety and well fair of the people going up and down Horn Point Road. I don't have a problem with that if they are riding on the land. I do not support the riding in the public waters. I think that is a detriment, polluting, as well as disturbing the grasses and I just don't think that is a good thing. So, you know how I feel so when you're ready for a motion. David Redmond: I would like to echo that with this one. There is a reason why this requires a Conditional Use permit and that is to ensure they don't have conflict with other uses and other people's enjoyment of their property, and environmental conditions like Mr. Horsley just said. And there are two things that trouble me about this. One, is it is a very clear impact, as far as I can tell on the neighbors involved. It used to be 30 seconds now it is 25 minutes to get out of my street to get to work. These are very narrow roads to begin with. So I think that is a real concern. I don't know how you alleviate it very frankly, and I understand Mr. Foster when you say there has got to be some sort of way to make it work but the roads are what they are, and horses will travel in single file as best you can get them to do it but they are not perfect either. It seems like that is the conflict is, and I don't really see any way to solve it. And like Mr. I Item D-1 Virginia Beach Horseback Page 12 Horsley, I think it is an objectionable use to have the animals in the water. Horses are like people, sometime got to go, and that is going to have a detrimental impact on water quality in Back Bay and that is as certain as night follows day. It just is. So, I just don't' know if that is a Use that is compatible and would allow us to be able to approve that, so I would join Mr. Horsley opposing the application. Does anybody else have any discussion? Alright, Mr. Horsley? Donald Horsley: I make a motion that we deny that application. David Redmond: There is a motion on the floor by Mr. Horsley to deny the application, and seconded by Mr. Thornton. Mr. Weeden on your say so. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Ed Weeden: The vote is open. By a vote of 11-0, the Commission has denied the application of Virginia Beach Horseback. David Redmond: Thank you all for being here. Is there any other business to come before this Commission? No. Okay, thank you. We are adjourned. n o CD Z, 11 (a os n'n tu 0 a o► 4 S' • y C 3 CD O H 3, �O (D • b of D a a O 0 z Conditional Zoning Change from AG-1 to Conditional A-18 :01744.8y(. SSSJas. 1.�Zi�J l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC (Applicant) / TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH (Owner), Change of Zoning, AG -1 Agricultural to Conditional A-18 Apartment. 2673 Princess Anne Road (GPIN 1494535782). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 8, 2014 • Background: The applicant proposes to rezone the 15.68 acres of an existing 19.68 -acre parcel for the purpose of developing a multifamily residential community consisting of 240 dwelling units. The site is currently zoned AG -1 Agricultural, and the applicant is requesting a Change of Zoning to Conditional A-18 Apartment. The subject site was created by subdivision, recorded in 1995. That subdivision created a parcel fronting on Princess Anne Road, currently occupied by a religious facility (church), as well as the subject parcel; however, the parcels are divided by a 66 -foot wide right-of-way dedicated to the City of Virginia Beach. This right-of-way connects at the east end to a public ingress -egress easement that runs through the shopping center to the east. • Considerations: The proposed layout of the site is such that the majority of the apartment buildings are located on the southwestern portion of the site, leaving most of the northwestern portion for a pond and a wooded area. The principal access to the site is via a public ingress -egress easement on the southern side of the adjacent shopping center. This ingress -egress easement intersects Nimmo Parkway opposite its intersection with George Mason Drive. A traffic control signal will be installed at the intersection, as recommended by the Traffic Impact Study submitted by the applicant and reviewed by Public Works / Traffic Engineering (see Traffic section of the attached staff report). The proposed apartment buildings are garden -apartment type with architectural elements that provide a local vernacular style, which consists of elements of both colonial style and `coastal' style. Exterior materials consist of brick veneer on the first floor level, as well as on the second floor level in some places to add variation to the exterior. The second and third levels consist of fiber -cement lap siding. Material on the exterior of the pediments consists of fiber -cement panels with battens. Other buildings on the site, exterior garages and clubhouse buildings, have the same exterior design treatment. I FRANKLIN JOHNSTON GROUP Page2of3 Proposed active and passive recreational amenities include extensive lawn area and ponds, and two community gathering places. One is located at the principal access to the site, and includes a 'clubhouse,' large patio area, swimming pool, bowling alley, grill cabana, outdoor fireplace, and lawn terraces down to the edge of the pond. The second gathering place is located at the northern end of the site, and includes a large cabana, large patio, outdoor grill areas, and covered dining and seating areas. Further details pertaining to the proposed site and building design, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered: PROFFER 1: he Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Conceptual Site Plan", and dated January 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred forty (240). PROFFER 3: The freestanding monument -style sign located near the primary vehicular entrance to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Sign Exhibit", and dated January 31, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, entitled "Proposed Typical Building Elevation, Princess Anne Commons", and dated January 31, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. FRANKLIN JOHNSTON GROUP Page 3 of 3 PROFFER 5: The quality of architectural design and materials of the clubhouse facility and detached garages constructed on the Property, when developed, shall be in substantial conformity with the exhibits entitled "Clubhouse Elevation, Princess Anne Commons," (the Clubhouse Elevation) "Proposed Typical Garage Elevation, Princess Anne Commons (the "Garage Elevation"), respectively. The Clubhouse Elevation and Garage Elevation were prepared by Cox, Kliewer & Company and are dated January 31, 2014 (the "Apartment Elevations"). Copies of both the Clubhouse Elevation and the Garage Elevation are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. PROFFER 6: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. PROFFER 7: Any trash compactors located on the Property shall be screened in accordance with the Virginia Beach Landscaping Guide. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department/\I City Manager: PRINCESS ANNE Ma 1-12 Franklin Johnston Group Mana ' ement Develument, LLC AG1 AG1 AG1 • zo.wq «w Co.awwovrora.. Cr« sn.. n..* Conditional Zoning Change from AG -1 to Conditional A-18 NCO -1.124.1 onfl C.w,.r aunn owrz REQUEST: Change of Zoning (from AG -1 to Conditional A-18) ADDRESS / DESCRIPTION: 2673 Princess Anne Road 4 June 11, 2014 Public Hearing APPLICANT: FRANKLIN JOHNSTON MANAGEMENT DEVELOPMENT, L.L.C. PROPERTY OWNER: TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: 14945357820000 PRINCESS ANNE 15.68 acres AICUZ: Less than 65 dB DNL e BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone the 15.68 acres of an existing 19.68 -acre parcel for the purpose of developing a multifamily residential community consisting of 240 dwelling units. The site is currently zoned AG -1 Agricultural, and the applicant is requesting a Change of Zoning to Conditional A-18 Apartment. The subject site was created by a recorded subdivision in 1995. That subdivision created a parcel adjacent to Princess Anne Road, currently occupied by a religious facility (church), and the subject parcel; however, the parcels were divided by a 66 -foot wide right-of-way dedicated to the City of Virginia Beach. This right-of-way connects on the east end to a public ingress -egress easement that runs through the shopping center to the east. From the east end, the right-of-way runs west, terminating at the same FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 1 point as the western lot line or the subject site. Four acres of the existing parcel is being retained by the property owner. Details / Site The proposed layout of the site is such that the majority of the apartment buildings are located on the southwestern portion of the site, leaving most of the northwestern portion for a pond and wooded area. The principal access to the site is via a public ingress -egress easement on the southern side of the shopping center that fronts on Nimmo Parkway. This ingress -egress easement intersects Nimmo Parkway opposite its intersection with George Mason Drive. A traffic control signal will be installed at the intersection, as recommended by the Traffic Impact Study submitted by the applicant and reviewed by Public Works / Traffic Engineering (see Traffic section of this report). The principal access point to the proposed community terminates at a circular drive at the front of the community clubhouse. The circular drive provides a driver with three choices: park at the clubhouse; enter the parking areas for the community via gated access points on the north and south sides of the circle; or exit the site, and return to Nimmo Parkway. The secondary access point is located on the northern side of the site. This access point is also gated and will connect to a street within the 66 -foot wide right-of-way described above in the 'Background' section. That street will connect to a public ingress -egress through the shopping center, and intersects Nimmo Parkway opposite an access point for the courts complex. Within the site, parking areas are placed such that each building has adequate parking in close proximity. The Zoning Ordinance requires a total of 433 parking spaces for the proposed development. The site plan shows 482 parking spaces, which exceeds the requirement and results in each dwelling unit having two parking spaces. The applicant is also providing a limited number of covered garages for the use of the residents. Pedestrian circulation is provided throughout the site via a fully -connected sidewalk system. The system includes marked crossings of drive aisles using different colored and textured paving material. Amenities include extensive lawn area and ponds, and two community gathering places. One of these places is located at the principal access to the site, and includes a 'clubhouse,' large patio area, swimming pool, bowling alley, grill cabana, outdoor fireplace, and lawn steps down to the edge of the pond. The second gathering place is located at the northern end of the site, and includes a large cabana, large patio, outdoor grill areas, and covered dining and seating areas. The patio extends to the edge of the pond. Both of these gathering places are connected by pedestrian paths to the overall sidewalk system and those paths encircle each pond, providing an extensive walking trail through the community. A fence is located along the southwest lot lines between the community and the Virginia Beach National Golf Course; thus, walking on the golf course cart paths will not be allowed. Details / Building The buildings are three -stories, with a maximum height of 48 feet. The maximum allowable height for structures in the A-18 Apartment District is 35 feet. The applicant is requesting that the increase in height be addressed through the provision of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. This request will be addressed in the 'Evaluation' section of this report. FRANKLIN JOHNSTON GROUP, MANAGEMENT DEVELOPMENT, L. -LC. Agenda Item 4 Page 2 There are nine buildings, and all except two have a mix of one-, two-, and three-bedroom dwelling units. Buildings 2 and 3 contain only two-bedroom units. The apartment buildings are garden -apartment in overall layout with architectural elements that provide a local vernacular style, which consists of elements of both colonial style and 'coastal' style. Exterior materials consist of brick veneer on the first floor level, as well as on the second floor level in some places to add variation to the exterior. The second and third levels consist of fiber -cement lap siding. Material on the exterior of the pediments consists of fiber -cement panels with battens. The garage and clubhouse buildings have the same exterior design treatment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Wooded site. SURROUNDING LAND North: USE AND ZONING: South: East: West: • Public right-of-way • Treed areas • Religious facility (church) / AG -1 and AG -2 Agricultural Districts • Undeveloped field / AG -1 Agricultural District (Historic and Cultural Overlay District) • Shopping center / B-2 Business District (Historic and Cultural Overlay District) • Virginia Beach National Golf Course / AG -1 Agricultural District NATURAL RESOURCE AND The site is currently wooded. There are no known significant natural CULTURAL FEATURES: resources or cultural features on the site. COMPREHENSIVE PLAN: The subject site is located with an area designated by the Comprehensive Plan as Interfacility Traffic Area / Princess Anne Special Economic Growth Area (SEGA 4). More specifically, the subject site lies within the Historic Princess Anne Center, which includes the Virginia Beach Municipal Center / Court Complex, the Princess Anne Historic and Cultural Zoning Overlay District, and the surrounding area. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial, and open spaces to complement the form and function of the municipal center, court complex, and historic district. Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. The applicant provided a presentation with regard to this development proposal to the Interfacility Traffic Area -Transition Area Citizen Advisory Committee (ITA -TA CAC). The proposed development was positively received. FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.-L.C. Agenda Item 4 Page 3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The principal roadways generated traffic will use are Nimmo Parkway, a four -lane suburban major arterial, and Princess Anne Road, which is also a four -lane suburban major arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 18,300 ADT (2013) 32,500 ADT 1(Level of Service "C") to 34,900 ADT 1 (Level of Service "D") - Capacity Princess Anne Road 26,100 ADT (2014) 32,500 ADT 1(Level of Service "C") to 34,900 ADT' (Level of Service "D") - Capacity Existing Land Use 2- 0 ADT Proposed Land Use 3- 1,596 ADT 122 AM Peak Hour Trips 149 PM Peak Hour Trips 'Average Daily Trips 2 as defined by undeveloped property 3 as defined by 240 apartment units The applicant's engineer prepared a Traffic Impact Analysis (TIA) for the proposed development. The Traffic Engineering Division of Public Works has reviewed the TIA and approves its recommendations, which are as follows: 1. A traffic signal will be warranted at the intersection of Nimmo Parkway and George Mason Drive (the western entrance to Courthouse Marketplace) and should be built. 2. A traffic control island should be constructed in the median opening on Nimmo Parkway at the eastern entrance to Courthouse Marketplace and the Judicial Center. This island will block exiting left turns from the shopping center and the courts, but will continue to allow entering left turns to both destinations. These recommendations are consistent with the Traffic Impact Study prepared for the development of the Courthouse Marketplace Shopping Center. In particular, that Traffic Impact Study specified that if either of the access points on Nimmo Parkway were to satisfy the warrants for a traffic signal, that signal would be installed at the intersection of George Mason Drive and Nimmo Parkway. Additionally, at the time of the installation of that signal, the existing median opening at the eastern access point would be closed. The Department of Public Works has already begun design of the required traffic signal at the George Mason Drive and Nimmo Parkway intersection as well as the design of the median reconstruction at the eastern shopping center entrance, which includes modifications to the Judicial Center parking and access necessitated by the partial median closure. This work is being performed by a consultant under CIP Project #2.300.083 Nimmo Parkway and George Mason Intersection Improvements. Public Works will seek cost participation in this project by the applicant. FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 4 WATER: This site must connect to City water. There are no City water service lines directly in front of the site. The closest service lines are located in Nimmo Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #642 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Enrollment Capacity Existing Zoning Proposed Zoning Change 2 North Landing Elementary 482 455 4 26 22 Landstown Middle 1,516 1,628 3 10 7 Kellam High 1,826 1,961 4 12 8 1 Number of students 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). EVALUATION AND RECOMMENDATION Staff recommends approval of the requested Change of Zoning from AG -1 Agricultural to A-18 Apartment. The proposed development provides quality dwelling units with a high-level of amenities adjacent to the Municipal Center, where the Comprehensive Plan calls for additional, affordable residential units. Moreover, since the AICUZ at this location is Less than 65 dB DNL, this site is one of the few in close proximity to the Municipal Center where residential use is compatible with regard to AICUZ. As noted earlier in this report, the maximum allowable height for structures in the A-18 Apartment District is 35 feet. The proposed apartment buildings are 48 feet in height. The applicant is requesting that the increase in height be addressed through the provision of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the comprehensive plan. It is staff's finding that an increase in height of 13 feet will have no significant impact on surrounding properties and will result in a building with greater variation in roofline, thus enhancing the overall design of the building. In sum, staff recommends approval of this request as proffered. PROFFERS FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 5 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: he Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Conceptual Site Plan", and dated January 31, 2014 (the "Concept Plan"), a copy of which is �n file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred forty (240). PROFFER 3: The freestanding monument -style sign located near the primary vehicular entrance to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Sign Exhibit", and dated January 31, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, entitled "Proposed Typical Building Elevation, Princess Anne Commons", and dated January 31, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The quality of architectural design and materials of the clubhouse facility and detached garages constructed on the Property, when developed, shall be in substantial conformity with the exhibits entitled "Clubhouse Elevation, Princess Anne Commons," (the Clubhouse Elevation) "Proposed Typical Garage Elevation, Princess Anne Commons (the "Garage Elevation"), respectively. The Clubhouse Elevation and Garage Elevation were prepared by Cox, Kliewer & Company and are dated January 31, 2014 (the "Apartment Elevations"). Copies of both the Clubhouse Elevation and the Garage Elevation are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. PROFFER 6: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. PROFFER 7: Any trash compactors located on the Property shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 6 requirements. STAFF COMMENTS: The submitted proffers ensure that the community will be development with the depicted amenities and at the quality level shown by the plans. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE: 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 or Change of Zoning 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. FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L..C. Agenda Item 4 ,µe Page 7 AERIAL OF SITE LOCATION FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 8 240 UNITS SHOWN IN 3 STORY BUILDINGS PROPOSED SITE PLAN (Proffer 1) FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 9 raa moo lam ;EES mai . "EE■ PROPOSED BUILDING ELEVATION APARTMENTS (Proffer 4) FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 10 1- CIC Z w W w uJ Z UZ> WEE 0 LT tb 6l MMMO PARKWAY VIRGINIA BEACH. VIRGINIA JANUARY 31, 2014 PROPOSED BUILDING ELEVATION CLUBHOUSE (Proffer 5) FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Rem 4 Page 11 nX rn (r) z 0 2 2 Z0 0 QU LU c� z < Z 0Q Q C/) 0 (%) aW oU 161 o_ 0 r PROPOSED BUILDING ELEVATION GARAGE (Proffer 5) FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 12 9-1 1 .4 41 4 I? PROPOSED COMMUNITY SIGN (Proffer 2) yry.,..iTA•Rr.��, r FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 4, Page 13 PRINCESS ANNE Map I-12 Map Not to Scale Mana 1 Franklin Johnston Group ement Develo ment, LL •� v Gam, _ V AG 1 AG1 D NCD F$ D NCD HCD D HCD HCD MCD Ht'D HCD NCD HCD MCD FID HCpp t(� yj�D HCD HCD HCD 0 NCD r%�\'V/.t." `fro MCD HCD A AG 'Zoning with Conditions/Proffers, Open Space Promotion Conditional Zoning Change from A G-1 to Conditional A-18 HCD = Historical and Cultural District Overlay ZONING HISTORY # DATE REQUEST ACTION 1 03/27/2007 06/08/2004 Modification of Proffers and Conditional Use Permit (Fuel Sales with Convenience Store) Change of Zoning (AG -1 & AG -2 and B-1 [Historic and Cultural Overlay] to Conditional B-2 [HCD]) Approved Approved 2 05/10/2005 Conditional Use Permit (Communication Tower) Approved 3 09/27/1994 Change of Zoning (AG -1 to R-10) Withdrawn 4 02/12/2008 10/26/1993 Modification of Conditions Conditional Use Permit (Religious Facility - Church) Approved Approved 5 08/09/1995 01/19/1981 Modification of Proffers Change of Zoning (AG -1 to Conditional B-1) Approved Approved 6 09/22/1998 Change of Zoning (AG -2 to B-2) Approved FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 14 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Franklin Johnston Group Management & Development, LLC Members: Thomas M. Johnston, Wendell C. Franklin, W. Taylor Franklin, Stephen W. Cooper, M. David Jester 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) FJ Property Payroll, LLC; F&J Developers, LLC ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Trustees of First Lynnhaven Baptist Church Trustees: Please see attached. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No 171 If yes, what is the name of the official or employee and the nature of their interest? N/A 1 1 1 1 4 J 1 1 1 • 1 1 • DISCLOSURE STATEMENT FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 15 4 4 4 3 4 1 4 IP 4 4 4 3 t i 4 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Cox, Kilewer Co., P.C. - Architectural and planning services S.L. Nusbaum Realty Co. - Real estate services Hassell & Folkes, P.C. - Engineering and surveying services Troutman Sanders LLP - Legal services 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 arentsubsidiary relationship, that exists when (t) one business entity has a controlling ownership Interest in the other business entity, (11) a controlWng owner in one entity is also a controlling owner In the other entity, or (1i) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an afflUated 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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles .° See State and Local Government Conflict of Interests Act, Va. Code g 2.2-3101. CERTIFICATION: I certify that the information contained herein is true end accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. rte.. AP cant's Signature 110„:71 t(4 Property Owner's nature lel. Jat different than applicant) 17Cn,nt% l4 r4fide' Print Name t,ilrc-t F ek.kwa„-.et Print Name S . C.✓u v --t/ condilonal Rezoning Application Page 12of12 3-CS5e 1t`2I111/;0.MS /le-- OS DISCLOSURE STATEMENT FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, L.L.C. Agenda Item 4 Page 16 Item #4 Franklin Johnston Group Management Development, L.L.C. Change of Zoning 2673 Princess Anne Road District 7 Princess Anne June 11, 2014 CONSENT An application of Franklin Johnston Group Management Development, L.L.C. for a Change of Zoning (from AG -1 to Conditional A-18) on property located at 2673 Princess Anne Road, District 7, Princess Anne. GPIN: 14945357820000. PROFFERS PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Conceptual Site Plan", and dated January 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred forty (240). PROFFER 3: The freestanding monument -style sign located near the primary vehicular entrance to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Sign Exhibit", and dated January 31, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, entitled "Proposed Typical Building Elevation, Princess Anne Commons", and dated January 31, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The quality of architectural design and materials of the clubhouse facility and detached garages constructed on the Property, when developed, shall be in substantial conformity with the exhibits entitled "Clubhouse Elevation, Princess Anne Commons," (the Clubhouse Elevation) "Proposed Typical Garage Elevation, Princess Anne Commons (the "Garage Elevation"), I Item #4 Franklin Johnston Group Management Development, L.L.C. Page 2 respectively. The Clubhouse Elevation and Garage Elevation were prepared by Cox, Kliewer & Company and are dated January 31, 2014 (the "Apartment Elevations"). Copies of both the Clubhouse Elevation and the Garage Elevation are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. PROFFER 6: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. PROFFER 7: Any trash compactors located on the Property shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 1 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8924 TO: FROM: B. Kay Wilson RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 24, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Franklin Johnston Group Management The above -referenced conditional zoning application is scheduled to be heard by the City Council on July 8, 2014. I have reviewed the subject proffer agreement, dated January 31, 2014 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: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 31st day of January, 2014, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, L.L.C., a Virginia limited liability company ("F&J", to be indexed as grantor); TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH (together the "Church") (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Church is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1494-53-5782-0000 (the "Church Parcel"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, F&J is the contract purchaser of an approximate 15.6 acre portion of the Church Parcel (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG -1 to Conditional A-18; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 A-18 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and GPIN NOS.: 1494-53-5782-0000 21818144v3 I WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, 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 of 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Conceptual Site Plan", and dated January 31, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two -hundred forty (240). 3. The freestanding monument -style sign located near the primary vehicular entrance to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Cox, Kliewer & Company, entitled "Princess Anne Commons, Sign Exhibit", and dated January 31, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, entitled "Proposed Typical Building Elevation, Princess Anne Commons", and dated January 31, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The quality of architectural design and materials of the clubhouse facility and detached garages constructed on the Property, when developed, shall be in substantial conformity with the exhibits entitled "Clubhouse Elevation, Princess Anne Commons," (the Clubhouse Elevation) "Proposed Typical Garage Elevation, Princess Anne Commons (the "Garage Elevation"), respectively. The Clubhouse Elevation and Garage Elevation were prepared by Cox, Kliewer & Company and are dated January 31, 21818144v3 2 2014 (the "Apartment Elevations"). Copies of both the Clubhouse Elevation and the Garage Elevation are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. 6. A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. 7. Any trash compactors located on the Property shall be screened in accordance with the Virginia Beach Landscaping Guide. 8. 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. [Remainder of page intentionally left blank. Signature pages to follow.] 21818144v3 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Franklin Johnston Group Management & Development, L.L.C., a Virginia limited liability company By: Name: Title: COMMONWEALTH/STATE OF N AUL, CITY/COUNTY OF v knkvw get , to -wit: The foregoing instrument was acknowledged before me this 3 day of i��"" �Ao+r'-a 20 i `{ by Ilkw� os lit Jo1n,itAiNnA who is personally known to me or has producejd Zvi,, oi.A bnvoKtic t as identification, in his/her capacity as (k e bev 0 t of Franklin Johnston Group Management & Development, L.L.C., on behalf of the Jompany. g My Commission Expires: SI3�IUl5 Registration No. 15o 51 14 [NO2 ARIAL 1S E�AL/STAMP] 00411, det p1SiY Se4Iq % i' cb 4 74`71 1 )' Notary Public 4 JAk IN WITNESS WHEREOF, the undersigned Trustees of First Lynnhaven Baptist Church execute this Agreement as of the date first written above. COMMONWEALTH,/§TATE OF Vik,i(-1INIA- CITY/COUNTY OF V 1 K i4 . t ietVT , to -wit: The foregoing instrument was acknowledged before me this, day of fra►'Uat 20 / , by.i..TKI N Sa NJ, who is personally known to me or has produc I)21 I s 1 I ( i NY, as identification, in Trustee of First Lynnha en Baptist Church, on behalf of the Church. No My Commission Expires: /` 67- Roi Registration No. 73 LZO 5 [NOTARIAL SEAL/STAMP] RASHEDA J. ROGERS NOTARY PUBLIC REGISTRATION # 7322058 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2014 COMMONWEALTH/STATE OF V Ig i N f P1/4- CITY/COUNTY OFVIP4INiA WO- , to -wit: 1)3rcl '�I d The foregoing ' trument was acknowledged before me this day of CJf'•'' ar 20 I I , by DCi1f1LS DT arkr) who is personally known to me or has produc DP- I VT -g- I ---(C? (JSt as identification, in his er « • ity T tee of First Lyrinha - n Baptist Church, on behalf of the Church. , y Notary Pub My Commission Expires: I) 3i -a� U f T Registration No. 73 ..;2 2 U ..K [NOTARIAL SEAL/STAMP] RASHEDA J. ROGERS NOTARY PUBLIC REGISTRATION # 7322058 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2014 5 COMMONWEALTH/S ATE OF CITY/COUNTY OF ��(ill ( 11'�I I i� 1t�t: � ua e for going instrument was acknowledged before me thisc25rGday of �I�'� 20 I , by I lint _; nu- who is personally known to me or has produ " VW- tit as identificati n, in his/her capacity as Trustee of First L n B : i tip( i rph, on behalf of e Church. My Commission Expires: )9.-" 3 I Registration No. 75 0_658 [NOTARIAL SEAL/STAMP] RASHEDA J. ROGERS NOTARY PUBLIC REGISTRATION # 7322058 1 ' y1a� COMMONWEALTH OF VIRGINIA Cv' MY COMMISSION EXPIRES / 1 DECEMBER 31, 2014 COMMONWEALTH/STATE OF - V I- (NIA CITY/COUNTY OF 1fj p..(11 N i Pr Uc I tt�il , to -wit: The reggoing instrument was acknowledged before me thisoc j da of �fr(k 20 1 by Ili VW., 0 C,who is personally known to me or has produced II([ j as iden ' ation, in his/her capacity as Trustee of First 40 I i : en :jt ti -1 Church, on behalf of a i e Church. I. ] . '/ My Commission Expires: 1)-- 31-9,01 • Registration No. 7 3 7:2—OS g [NOTARIAL SEAL/STAMP] COMMONWEALTH/TATE OF V I E f� CITY/COUNTY OF VW 1 Pt Met Cit , to -wit: RASHEDA J. ROGERS NOTARY PUBLIC REGISTRATION # 7322058 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2014 3rd i The foregoing instrument was acknowledged before me this 7� day of re brig. , 20 lit' , by f.SY— I I io, elSwho is personally known to me or has produced Gk{ kiegS L4CtNS as identification, in his/her capacity as Trustee of Fir en Ba �T. �hurch, on behalf of a Church. My Commission Expires: 12 - 3 1 011 Registration No. 7.3 2 (6 5 6 [NOTARIAL SEAL/STAMP] 6 K RASHEDA J. ROGERS NOTARY PUBLIC REGISTRATION * 7322050 CQMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2014 Exhibit A Legal Description of Church Parcel ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, together with the appurtenances, riparian and other water rights thereto known and designated as "Parcel B 19.682 acres" on a plat entitled "Subdivision of Property of Courthouse Baptist Church of Virginia Beach, Virginia," made by John E. Sirine and Associates, Ltd., said plat being recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia in Map Book 246, at Page 92, together with a 24 foot wide private ingress/egress easement running across Parcel A for the benefit of Parcel B as depicted on the aforementioned plat. 21818144v1 7 Exhibit B Legal Description of Property BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY OF PRINCESS ANNE ROAD, SAID POINT BEING MORE OR LESS 0.2 MILES WEST OF THE INTERSECTION OF NIMMO PARKWAY AND PRINCESS ANNE ROAD; THENCE S 22°54'11" W A DISTANCE OF 560.64' TO A POINT; THENCE S 43°58'01" E A DISTANCE OF 58.84' TO A POINT; THENCE S 39°37'52" W A DISTANCE OF 143.01' TO A POINT ON THE SOUTHERN LINE OF A 66' RIGHT-OF-WAY AS SHOWN ON THAT CERTAIN PLAT RECORDED 1N THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 246 AT PAGE 92; THENCE ALONG THE SOUTHERN LINE OF SAID 66' RIGHT-OF-WAY WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 226.43', WITH A RADIUS OF 1617.00', WITH A CHORD BEARING OF N 55°27'23" W, WITH A CHORD LENGTH OF 226.24' TO A POINT; THENCE N 59°28'04" W A DISTANCE OF 118.65' TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY S 39°37'52" W A DISTANCE OF 484.82' TO A POINT; THENCE S 50°22'08" E A DISTANCE OF 342.51' TO A POINT; THENCE S 39°37'52" W A DISTANCE OF 553.89' TO A POINT; THENCE N 59°47'36" W A DISTANCE OF 226.32' TO A POINT; THENCE N 58°32'36" W A DISTANCE OF 259.83' TO A POINT; THENCE N 00°32'49" W A DISTANCE OF 667.57' TO A POINT; THENCE N 44°42'42" E A DISTANCE OF 521.02' TO A POINT ON THE SOUTHERN LINE OF SAID 66' RIGHT-OF-WAY; THENCE ALONG THE SOUTHERN LINE OF SAID 66' RIGHT-OF-WAY S 59°28'04" E A DISTANCE OF 529.16' TO A POINT WHICH IS THE TRUE POINT OF BEGINNING, HAVING AN AREA OF 683,115 SQUARE FEET OR 15.682 ACRES. 21818144v1 8 1 K. APPOINTMENT DEVELOPMENT AUTHORITY L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY COUNCIL RETREAT Monday, September 8, 2014 8:30 AM to 5:OOPM Economic Development Office Town Center 4525 Main Street, Suite 700 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Labor Day - , day, September 1 Veterans Det' - Tuesday, November tksgi 'irrg Day and Day after Thanksgiving - -sdui', = 'overnber 27 and Friday, November 28 rrrers Ere (calf day) - U'ednesdah, December 24 Ch istrnas Day - Thursday, December- 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 07/01/2014 AGENDA ITEM # SUBJECT PAGE: 1 MOTION VOTE D Y E R H E NOK L EE YS J N A NI ENS M A R T MMS O S R 0 S S- H A M O NMI DS S E S O U HL R NND W 1 S 00 W 0 1. BRIEFINGS A. HAYGOOD POST OFFICE RELOCATION Richard Hancock, Real Estate Specialist, United States Postal Service, Eastern Facilities Service 11. CITY ATTORNEY'S BRIEFING A. CONFLICT OF INTEREST ACT AMENDMENTS Rod Ingram, Deputy City Attorney IIUIV/VNI NII -E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y F MINUTES - June 17, 2014 APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y G/1-1-1 2 MAYOR'S PRESENTATIONS TBA SCHOLARSHIP FOUNDATION Certificates to Students GFOA EXCELLENCE IN FINANCIAL PLANNING John Ainslie, TBA Past President Patricia Phillips, Director - Finance I.-1 PUBLIC HEARING INCREASE OF FEES FOR SUBDIVISION PLATS No Speakers J-1 Ordinances to AMEND the City Code: a. Sect 18-49 re local alcoholic beverage license taxes for small breweries b. Sect 35-64 re income for the Elderly/ Disabled Tax Relief ADOPTED, BY CONSENT 10-0 Y Y Y Y Y A Y Y Y Y Y 2 Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services by the City Attorney in FY 2015 ADOPTED, BY CONSENT 10-0 Y Y Y Y Y A Y Y Y Y Y 3 Ordinance to AUTHORIZE Tax Exemption on real/personal property used by the Military Aviation Museum ADOPTED 8-1 Y N Y Y A B S T A 1 N E D A Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 07/01/2014 AGENDA ITEM # SUBJECT PAGE: 2 MOTION VOTE D Y E R H E NOK L EENI YS J N A E M A R T NS MMS O S R 0 S S- H A M O NMI DS S E S O U HL R NND W I S 00 i W 0 4 Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance/ADOPT a plan/TRANSFER $120,000 to the Housing/Neighborhood for this abatement ADOPTED, BY CONSENT 10-0 Y Y Y Y Y A Y Y Y Y Y 5 Resolution to APPOINT Amanda Burke to Associate City Attorney ADOPTED, BY CONSENT 10-0 Y Y Y Y Y A Y Y Y Y Y K-1 Ordinances to AMEND: a. Sect 32/8.1 of Subdivision Regulations re preliminary plats/fees for final plats b. Sect 1402/1408.1 of Wetlands Ordinance re living shoreline projects as authorized use/credit for In -Lieu fees c. Sect 1602 of Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit d. Sect 111 re definition of "Family" APPROVED, BY CONSENT 10-0 Y Y Y Y Y A Y Y Y Y Y L APPOINTMENTS DEVELOPMENT AUTHORITY Appointed: 4 year term -09/01/2014-- 08/31/2018 09/01/2014 Michael H. Levinson 10-0 Y Y Y Y Y A Y Y Y Y Y MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Appointed: Unexpired term thru 02/28/2018 R. Steven Herbert 10-0 Y Y Y Y Y A Y Y Y Y Y WETLANDS BOARD Appointed: 5 year term — 07/01/2014 — 09/30/2019 Cindy Hawk White 10-0 Y Y Y Y Y A Y Y Y Y Y PUBLIC COMMENT No Speakers ADJOURNMENT 6:43 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 07/01/2014 AGENDA ITEM # SUBJECT PAGE: 3 MOTION VOTE D Y E R H E N L E Y J OK N E S A N E M A R T 1 NS MMS 0 S R 0 S S- H A M 0 NMI DS S E S OR U H NND W 1 L S 0 W 0 0 CITY COUNCIL RETREAT Monday, September 8, 2014 Economic Development Office Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: .QFCQND/FOITRTHTI/FRDAVS. WORK.CHI)P.C-4.On—/.00 PM OPEN CITIZEN DIALOGUE 2014 CITY HOLIDAYS Independence Day - ! iidur, Jull' "1 Lubar Dur - ,Nuaday, September 1 Veterans Day - 7ilesdar, A4>vember 11 Thanksgiving Dar and Dar after Ilranksgiring ._ Thursday, '\uvember 27 and T'riduy. Aovembur 28 st nos lave (ha/Mw) - II"ednesrtar. December ,4 C`tuist,nas Dar - Thur%dap. December 25