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HomeMy WebLinkAboutJuly 7, 2015 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS.JR.,At-Large JAS c,.- VICE MAYOR LOUIS R.JONES,Bayside-District 4 1'6 =' Cp M.BENJAMIN DAVENPORT,At Large > / �'• \ ROBERT M.DYER,Centerville-District IF t ) . ` BARBARA M.HENLEY,Princess Anne-District 7 v• I a c- -;�5 w." • SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large •� AMELIA ROSS-HAMMOND,Kempsville-District 2 .00°' JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.RF_MIAS 7 July2015 E-MAIL:Ctycncl®vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. INTEGRATED HOUSING STRATEGY . Andrew Friedman, Director - Housing and Neighborhood Preservation B. ECONOMIC VITALITY James K. Spore, City Manager C. BIO-MEDICAL INITIATIVE Warren Harris, Director—Economic Development D. VETERANS CARE CENTER Warren Harris, Director—Economic Development II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend John Ames, Pastor Third Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 16, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. SENATOR MCWATERS APPRECIATION Senator Jeffrey and Mrs. McWaters I. PUBLIC HEARING 1. ACQUISITION and CONDEMNATION re road improvements Princess Anne, Pleasant Ridge and West Neck Roads J. ORDINANCES 1. Ordinance to AUTHORIZE Acquisition by Agreement or Condemnation of rights-of-way for intersection improvements at Princess Anne, West Neck and Pleasant Ridge Roads 2. Ordinance to AUTHORIZE the sale of School Board property adjacent to Kempsville Elementary School to the City re a Pump Station; and, ALLOW retention of sale proceeds to the School Board 3. Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT, known as Lake Wesley, for floating piers at 512 Kerry Lane DISTRICT 6— BEACH 4. Ordinance to AMEND the FY 2015-2016 Budget of Housing and Neighborhood Preservation re adjustments to Federal Funding Grants for the Housing Choice Voucher Program, HUD-VA Supportive Program, Community Planning and Development Funds and Continuum of Care- Housing First Grant 5. Ordinance to APPROPRIATE $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to The Urban League, The Global Studies and World Languages Academy at Tallwood High School and the VBPS STEM Robotic Challenge 6. Ordinance to ACCEPT and APPROPRIATE an $8,000 Grant from the Virginia Alcohol Beverage Control Commission (ABC) to Human Services' Social Media Awareness Campaign re underage alcohol consumption K. PLANNING 1. CAVALIER VENTURES, LLC/CAVALIER ASSOCIATES, LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. WHLR—LASKIN ROAD, LLC for a Conditional Use Permit re a Marina at 948 Laskin Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. SHORE DRIVE FARM MARKET, LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. C.P. MARINE & DIESEL SERVICES, INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 5. (a) PAUL S. BROWN FAMILY,LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard a. (b) BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: DISTRICT 7—PRINCESS ANNE PLANNING COMMISSION RECOMMENDATION: APPROVAL APPLICANT REQUESTS: INDEFINITE DEFERRAL 6. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §1700 of the City Zoning Ordinance to reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines b. §§111, 209.1, and 401, Defining"Farm Distillery", setting forth General Requirements for the Use and Allowing same as a Principal Use in the AG-1 and AG-2 Agricultural Districts RECOMMENDATION: APPROVAL L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD —CSB DEVELOPMENT AUTHORITY INVESTIGATIVE REVIEW PANEL 1 PARKS and RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA MUSEUM OF CONTEMPORARY ART—TRUSTEES M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT xxx****xxxxxxww***xxxxxxx* PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers xxxxxxxxxx*xxxxxx******* xxxxxx*** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 7/7/15 st I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. INTEGRATED HOUSING STRATEGY Andrew Friedman, Director- Housing and Neighborhood Preservation B. ECONOMIC VITALITY James K. Spore, City Manager C. BIO-MEDICAL INITIATIVE Warren Harris, Director—Economic Development D. VETERANS CARE CENTER Warren Harris, Director—Economic Development II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend John Ames, Pastor Third Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 16, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. SENATOR MCWATERS APPRECIATION Senator Jeffrey and Mrs. McWaters I. PUBLIC HEARING 1. ACQUISITION and CONDEMNATION re road improvements Princess Anne, Pleasant Ridge and West Neck Roads Mme: 1 • • ,aF. R•.v • PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION • • The Virginia Beach City Council will hold a PUBUC HEARING on the proposed acquisition,by agreement or condemnation, of property and • easements .necessary for the • Princess Anne/Pleasant • Ridge/West Neck Roads Project • • (CIP #2-021.021), Tuesday July 7, 2015 at 6:00 p.m., in the Council • Chamber of the City Hall(Building #1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: 'IMPROVEMENTS AT THE • INTERSECTION OF PRINCESS ANNE ROAD AND WEST NECK / • :PLEASANT RIDGE ROADS CIP #2- 021.021 PWCN-15-0078' and are • • • on file in the Public Works Department, Engineering"Division, Building #2 at the Municipal Center. The purpose of this hearing • will be to obtain public input regarding authorizing condemnation,if necessary,for this project. 1f-you are physically disabled or visually impaired and need 'assistance at this meeting, please • - call the CITY CLERK'S OFFICE at - 757-385-4303; Hearing Impaired. - call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate, Building #2, Room 392,at th Municipal Center, (757)385-416 . Ruth H ser,MMC - - City Cle . Beacon:June 28,2015 J. ORDINANCES 1. Ordinance to AUTHORIZE Acquisition by Agreement or Condemnation of rights-of-way for intersection improvements at Princess Anne,West Neck and Pleasant Ridge Roads 2. Ordinance to AUTHORIZE the sale of School Board property adjacent to Kempsville Elementary School to the City re a Pump Station; and, ALLOW retention of sale proceeds to the School Board 3. Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT,known as Lake Wesley, for floating piers at 512 Kerry Lane DISTRICT 6—BEACH 4. Ordinance to AMEND the FY 2015-2016 Budget of Housing and Neighborhood Preservation re adjustments to Federal Funding Grants for the Housing Choice Voucher Program, HUD-VA Supportive Program, Community Planning and Development Funds and Continuum of Care- Housing First Grant 5. Ordinance to APPROPRIATE $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and,AUTHORIZE donations to The Urban League, The Global Studies and World Languages Academy at Tallwood High School and the VBPS STEM Robotic Challenge 6. Ordinance to ACCEPT and APPROPRIATE an $8,000 Grant from the Virginia Alcohol Beverage Control Commission(ABC)to Human Services' Social Media Awareness Campaign re underage alcohol consumption Y V [ 1 fril, CITY OF VIRGINIA BEACH AGENDA ITEM ] _ ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the Improvements at the Intersection of Princess Anne Road and West Neck /Pleasant Ridge Roads Project and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: July 7, 2015 • Background: The Improvements at the Intersection of Princess Anne Road and West Neck / Pleasant Ridge Roads (CIP 2-021.021) (the "Project") are part of the Rural Roads Capital Improvement Program. The purpose of this program is to upgrade substandard rural roads to reduce safety hazards of the travelling public. This Project has been in the City's CIP since FY 1985-1986. The design phase and plats are complete to begin right-of-way acquisition. Right-of-way and easements are required from ten (10) parcels. There will be no total acquisitions. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. • Considerations: Major design features for the Project will include the following: roadway safety improvements along Princess Anne Road including a left-turn lane with 100 feet of storage along Princess Anne Road at the intersection of Pleasant Ridge Road. The left-turn lane improvements will require southbound Princess Anne Road lane modifications, shoulder improvements, ditch improvements and utility relocations. The new improvements will include 12-foot-wide travel lanes with a 2-foot-wide shoulder. • Public Information: A Citizen Information Meeting was held on November 18, 2010 at the Creeds Elementary School. A public hearing for this Ordinance was advertised in The Virginian-Pilot Beacon, and this matter was advertised with City Council's agenda. • Alternatives: Approve the Ordinance as presented or deny the Ordinance and risk delaying or not completing the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map • Recommended Action: Approval 0 Submitting Department/Agency: Public Works/Real Estate co City Manage 1 , pig, ' 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE 4 IMPROVEMENTS AT THE INTERSECTION OF 5 PRINCESS ANNE ROAD AND WEST NECK / 6 PLEASANT RIDGE ROADS PROJECT AND 7 THE ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, EITHER BY 9 AGREEMENT OR CONDEMNATION 10 11 12 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 13 public necessity exists for the construction of this important roadway project to improve 14 transportation and safety within the City and for other related public purposes for the 15 preservation of the safety, health, peace, good order, comfort, convenience, and for the 16 welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 23 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements (the "Property"), as shown on 25 the plans entitled "IMPROVEMENTS AT THE INTERSECTION OF PRINCESS ANNE 26 ROAD AND WEST NECK / PLEASANT RIDGE ROADS C.I.P. 2-021.021 PWCN-15- 27 0078" (the"Project") and more specifically described on the acquisition plats for the Project 28 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 29 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2015. CA13221 R-1 PREPARED: 6/15/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d002\p019\00210638.doc • 4 VED • S NTENT 'Arra.fifif SI • • R. • I.:- -- DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY W it" , N Wd,r E T m 73 tv .�1 74/14 j -\ Pte4,� • ♦ ANrRi • oeF 4 •i� Ro WIL 114 PROJECT 4 SITE WEST NECK RD 61,01 7,1 MI • PRINCESS ANNE RD. LEFT TURN LANES AT PLEASANT RIDGE AND WEST NECK RDS. CIP # 2-021 .021 X\CADD\Protects\ARC Flles\AGENDA MAPS1Princess Anne Rd\PA at Pleasant Ridge and West Neck\PA at Pleasant Ridge&West Neck mad ;ee � y. u � S CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance Approving the Sale of School Board Property for the City's Kempsville Pump Station and Allowing the School Board to Retain the Sale Proceeds Meeting Date: July 7, 2015 • Background: The City of Virginia Beach (the "City") has proposed to purchase from the School Board of the City of Virginia Beach (the "School Board") certain real property comprised of a 12,039 sq. ft. portion of GPIN 1466-77-7507 and a temporary construction easement comprised of 7,787 sq. ft. (together, the "Property") located on the Kempsville Elementary School site. The Property shall be used for a City pump station. • Considerations: Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds. On June 30, 2015, the School Board adopted a Resolution affirming that it had no use for the Property and agreed to sell it to the City for the appraised value of Fifty-Three Thousand Nine Hundred Six Dollars and 00/100 ($53,906.00). • Public Information: The School Board held a public hearing on June 30, 2015 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom. Advertisement of the City Council agenda. • Attachments: Ordinance, Summary of Terms, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance Submitting Department/Agency: Public Works / Real Estate pf City Manager: (Z... ‘s.j.(),t` 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S KEMPSVILLE PUMP STATION AND 4 ALLOWING THE SCHOOL BOARD TO RETAIN 5 THE PROCEEDS 6 7 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 8 the School Board of the City of Virginia Beach (the "School Board") certain real property 9 located on the Kempsville Elementary School site and identified as a 12,039 sq. ft. portion 10 of GPIN 1466-77-7507 and a temporary construction easement comprised of 7,787 sq. ft. 11 (together, the "Property") for the City's Pump Station; 12 13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 14 which the school board has no future use, and to retain the proceeds of such sale upon 15 approval of the local governing body and after the school board has held a public hearing 16 on such sale and retention of proceeds; 17 18 WHEREAS, the School Board held a public hearing on June 30, 2015 to take public 19 comment on the proposed sale of the Property to the City and retention of the proceeds 20 therefrom; and 21 22 WHEREAS, the School Board adopted a Resolution on June 30, 2015 finding no 23 further use for the Property, determining that the Property may be sold, agreeing to sell the 24 Property to the City, and intending to retain the proceeds of the sale. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the sale of the Property described in the Summary of Terms (the 30 "Summary of Terms"), attached hereto as Exhibit A and made a part hereof, by the School 31 Board to the City is hereby approved; 32 33 2. That the School Board may retain all of the proceeds of the sale; and 34 35 3. That the City Manager is hereby authorized to execute all documents to 36 purchase the Property from the School Board, in accordance with the Summary of Terms, 37 and such other terms, conditions or modifications, as may be acceptable to the City 38 Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 41 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ( SUFFICIENCY: LeaUWirh e.1...yeux) Public Works / Real Estate (9_ 10 City Attorney U CA13209 R-1 June 18, 2015 SUMMARY OF TERMS KEMPSVILLE ELEMENTARY SALE OF SCHOOL BOARD PROPERTY FOR CITY'S KEMPSVILLE PUMP STATION AND ALLOWING SCHOOL BOARD TO RETAIN SALE PROCEEDS SELLER: School Board of the City of Virginia Beach PURCHASER: City of Virginia Beach PROPERTY: Purchase of 12,039 sq. ft. portion of the Kempsville Elementary School site, and a 7,787 sq. ft. temporary construction easement as shown on Location Map PURPOSE: City of Virginia Beach Pump Station CONSIDERATION: $53,906.00 SCHOOL BOARD ACTIONS: - In a closed session on May 5, 2015, this matter was presented to the School Board for consideration. - School Board held a public meeting on June 30, 2015, wherein a Resolution was presented and public comments on the proposed sale were taken regarding the Property being conveyed to the City and retention of the proceeds therefrom. - School Board adopted a Resolution on June 30, 2015 finding no further use for the Property, determining that the Property may be sold, agreeing to sell the Property to the City, and intending to retain the proceeds of the sale. RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY IDENTIFIED AS GPIN 1466-77-4982 AND A PORTION OF GPIN 1466-77-7507 TO THE CITY OF VIRGINIA BEACH WHEREAS,the City of Virginia Beach has identified the need to purchase certain School Board real property located at 570 Kempsville Road and identified as parcel GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507 (the "Property")for the Kempsville Road Pump Station No.417 Project, CIP 6.041.064; WHEREAS,Virginia Code §22.1-129 allows the School Board to sell real property that it determines it has no future use for and the School Board had held a public hearing on June 30, 2015 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom; and WHEREAS,the Property runs along Kempsville Road in front of Kempsville Elementary School and is not used by the School Board for educational purposes due to its proximity to the road and traffic; NOW THEREFORE BE IT RESOLVED,that: 1. In accordance with Virginia Code §22.1-129, the School Board finds that, due to the unique nature of the property identified as GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507, the history of the School Board's use of the Property, and the important benefits that will be enjoyed by the citizens of Virginia Beach if the Property is conveyed to the City for the Kempsville Road Pump Station No.417 Project, CIP 6.041.064; the School Board finds that it does not have further use for such real property and determines that it may be sold; 2. The School Board agrees to sell all of GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507 (12,039 sq. ft.) and a temporary construction easement (7,787 sq. ft.)to the City for the appraised value of Fifty Three Thousand Nine Hundred Six Dollars and 00/100 ($53,906.00); and 3. Additionally, the School Board authorizes the Superintendent to take whatever actions are necessary to complete the sale and address concerns regarding the sale and use of this Property. Adopted by the School Board this 30th day of June 2015. Daniel D. Edwards, Chairman ATTEST: • Dianne P.Alexander, Clerk of School Board rr, 1 O • , 1'1 .. lel d31H� lc,is. E 11. g E J � aAle O131�a1t j e i.4 r'Ai& o +.1 y E ib Yi / a# 0• a 0144_, 1 yill , If • . • I(.. N H• E • E i CD > ! 'I' o • teen t Q. • N IL: e to r oc + c a a J • ! N illi z ` Qo mp r� NW = NQ Q. Qco lisitkmioiktiLs www lis I yti. W a °AN0.' .- -fl' PI I w • cu d E• IL f", '�` '� c 0 x :0E6 9 Z 14 O• a'.0 -w' a)2' (i5 m RS O 6 5I c N. M •h a E CI O1 N 46 4t, C O. 2 .. i et N � t° 0c n i VAT! 1/ � � �NU (loco_ D7 � 0 • E O �� c �� N0 N m�.rvE sa co o 3 co w N ��Q▪ �▪ v 7 d o U O .5 m n O E C V mm t . N _ -- r6 O coV m_Ta T C C U) csi C7 a a — R °' LL ° cc E o W 0o g▪ m a �a E Y w� m D m .N a c d 3 J J a O E ,n 3 N > a m 'd u a)- Uy x aD > ("r m ce = cn a Q w z <nN a11111!ilPH '� dwv a Y co J ' 0 ' z W �a �� II Fri', , CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City Property known as Lake Wesley located at the rear of 512 Kerry Lane, by Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert MEETING DATE: July 7, 2015 • Background: Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert (collectively, the "Applicants") have requested permission to remove existing piles, erect seven (7) free standing mooring piles, maintain an existing pier, and construct and maintain two (2) floating piers, upon the City Property known as Lake Wesley located at the rear of 512 Kerry Lane. There are similar encroachments in Lake Wesley, which is where the Applicants have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and has recommended 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/Environmental Management Center. Staff is of the professional opinion that the Applicants shall make a THREE HUNDRED THIRTY DOLLAR ($330.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Applicants. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate u City Manager: lL • 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY, LOCATED AT THE 8 REAR OF 512 KERRY LANE BY 9 LLEWELLYN E. JALBERT, JR.AND 10 TERESA S. JALBERT 11 12 WHEREAS, Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert desire to remove 13 existing piles, erect seven (7) free standing mooring piles, maintain an existing pier, and 14 construct and maintain two (2)floating piers upon the City Property known as Lake Wesley 15 located at the rear of 512 Kerry Lane. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's Property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Llewellyn E. Jalbert, Jr. and 26 Teresa S. Jalbert , their heirs, assigns and successors in title are authorized to remove 27 existing piles, erect seven (7) free standing mooring piles, maintain an existing pier, and 28 construct and maintain two (2) floating piers upon City Property as shown on the map 29 entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR LLEWELLYN E. AND TERESA 30 S. JALBERT, JR. LOT 11, SCHOONER QUAY AT CROATAN CROATAN BEACH (M.B. 31 160 PG. 18) BEACH DISTRICT DATE: MAY 27, 2014," a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and subsequent to execution will be recorded among the records of the Clerk's 40 Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2015. CA13255 R-1 PREPARED: 6/24/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d018\p020\00214695.doc APPROVED AS TO CONTENT: APPRO.. ED AS TO LEGAL Qkxi-L(\:ENN.C\NL -SUF1FICIE ND FORM: t PUBLIC WORKS, REAL ESZ"ATE GJJ 4� 6 T Y 1sk2M lS 2 3,AfK OF 80' WESLL CHS E__ _ - LAKE LAKE WESLEY - WESLEY CHANNEL_ — — — — — — - OF — LAE_ - - - - — WESTERN — EDGE �— N/F CITY OF VIRGINIA BEACH — — — — — INSTALL NEW 2427-20-6108 _ — PILE(NP) PROPOSED (D.B. 2020, PG. 282) REPLACE FLOATS REPLACE EXISTINGEXISTING \ I PILE \ „ 'PILE PP:PROPOSED PILE REMOVE EXISTING PILE,INSTALL I 3.•6' REMOVE \\ I NEW PILE 3'TO NORTHEAST EX.PILE i I cv •X N PP pp�'- PP • N K . NI- 16 ®STING PIER N •...L MLW M.B. 160, P. 18 EXISTING WOOD 1� _ „�EDGE OF MARSH BULKHEAD— — "`_3L - MULCHED /-....-------55 ,, — — — — _ FLOWER BED i LOT 10 I TURF GRASS AREA MULCHED N/F G.VDANGELO 1 \ _ �Q>' FLOWER BED 2426-29-4761 �� T�, ���,' /�^� (D.B. 3098, P. 346) o `.�'ct ____,� \ Z cc PAVER a, Z,TH OpWo WALKWAY - LOT 12 V'' I, tri Ni N/F D. WARWICK 410v! 2426-29-3584 I.N. 20130618000706230 e C----\ �cj� W LOT 11 GREGORY o MILSTEAD iN GPIN 2426-29-4613 0 ;� (DB. 3579, P. 1866) 0 Lic. No. 047323 ;-) 0 ,.e JUNE 8, 2014 , . �OA _-N (,) D SSI ONA L E)(1ti DRILL DRILL HOLE HOLE L=105.00' R=700.00 PLAN VIEW LEGEND KERRY LANE (30' RNV) 0 40' 80' EXISTING FEATURE (MB. 37,P. 11) PROPOSED FEATURE ©2014 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. 1"=40' -0,-, WATERFRONT EXHIBIT A 1 , a1" 4 '6 ' CONSULTING ENCROACHMENT REQUEST FOR � INC. 1112 JENSEN DRIVE, STE. 110 LLEWELLYN E. and TERESA S. JALBERT, JR. VIRGINIA BEACH,VA 23451 LOT 11, SCHOONER QUAY AT CROATAN PH:(757)425-8244 FAX:(757)216-6687 CROATAN BEACH (M.B. 160, PG. 18) ENGINEERING SERVICES PROVIDED BY: SEAVIEW CONSULTING,INC(757)575-3715 BEACH DISTRICT DATE: MAY 27, 2014 d PREPARED BY VIRGINIA BEACH COPY CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES _ UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this Lday of , 2015 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LLEWELLYN E. JALBERT, JR. and TERESA S. JALBERT, 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 11, Schooner Quay at Croatan, Lynnhaven Borough"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37 P 11) SCHOONER QUAY AT CROATAN LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" = 40', Dated December 11, 1981, prepared by Basgier and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160, at page 18, and being further designated, known, and described as 512 Kerry Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove existing piles, erect 7 free standing mooring piles, maintain an existing pier, and construct and maintain two floating piers, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-6108 (City Property) GPIN: 2426-29-4613 (512 Kerry Lane) • WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR LLEWELLYN E. AND TERESA S. JALBERT, JR. LOT 11, SCHOONER QUAY AT CROATAN CROATAN BEACH (M.B. 160, PG.18) BEACH DISTRICT DATE: MAY 27, 2014," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein. contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and . to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain 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 make a THREE HUNDRED THIRTY DOLLAR ($330.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; 3 said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 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 4 • Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert, the said Grantee, 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 OBy © py (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/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 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 0 Bmoi / /5T//5T(/ /,/. A_. moi. . `lewel'(.n Vlbert, .,wner By N1/ -t/X,� _J, 1 ' e4 Teresa S. Jalbert, Iwner n STATE OF CITY/COUNTY OF 'CL , to-wit: The foregoing instrument was acknowledged before me this (1 day of V- U , 201 , by Llewellyn E. Jalbert, Jr L (' . 4,01;o (SEAL) Notary Public K' :_ VIVIAN C.LEWIS it t NOTARY PUBLIC Notary Registration Number: 44/A&A..) f... REGISTRATION#212540 +y�COMMONWEALTH MY COMMISSION SSION EXPIRESIA My Commission Expires: 5/3///`J MAY 31, 2017 STATE OFV CITY/COUNTY OF 4 0..t 8kCt_0(,,to-wit: The foregoing instrument was acknowledged before me this v)t day of (--dak/ r-- , 201 6 , by Teresa S. Jalbert. (A-CA-4__J (14L-,„ (SEAL) Notary Public Notary Registration Number: oc/Ojv 'Y'� :?-t�_ VIVIANC.LEWIS NOTARY PUBLIC 12 �' A REGISTRATION#212540 My p 2/ / ` --.i'•t1.._ f COMMONWEALTH OF VIRGINIA Commission Expires: i� l '« Y MY COMMISSION EXPIRES ��=� MAY 31,2017 7 1 • APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6, jzi SIGNATURE D M YER, ASSOCIATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 0 OF 80' LAKE• WESLEY CHANNEL _ LAKE WESLEY WESLEY CHANNEL_ — — — — — — - OF — LAKE— WESTERN — EDGE �- N/F CITY OF VIRGINIA BEACH — — — - 2427-20-6108 — — — — INSTALL NEW (D.B, 2020, PG. 282) PILE(TYP) PROPOSED REPLACE / P f PILE FLOATS REPLACE EXISTING EXISTING PILE pp;PROPOSED PILE / • REMOVE EXISTING PILE,INSTALL 3.i •' NEW PILE 3'TO NORTHEAST REMOVE t N N pp PP 0 EX.PILE r<. •x pp p tv `t ED EX STING PIER r) 16'io r.„ I ,._. .�J..L MLW M.B. 160, P. 18 EXISTING WOOD -‘1` „, „EDGE OF MARSH BULKHEAD — --=. 11 MULCHED /-...----•-•---55 - - - - _ FLOWER BED i ‘ LOT 10 i TURF GRASS AREA N/F G.VDANGELO 1 I MULCHED FLOWER BED 2426-29-4761 \`\ T ��NFC-- '( / /\ (D.B. 3098, P. 346) p `�-,� - ....,-- -:rz it PAVER rn STH OF o WALKWAY W LOT 12 S F,Q' p tri N N/F D. WARWICK �! 2426-29-3584 ��s W LOT 11 I.N. 20130618000706230 L) GREGOR-MILSTEAD GPIN 2426-29-4613 (DB. 3579, P. 1866) p Lic. No. 047323 :0 0 ..o JUNE 8, 2014 Ak• to to ai SJONAL ' ' DRILL DRILL HOLE HOLE L=105.00' R=700.00 PLAN VIEW LEGEND KERRY LANE (30'Rive) 0 40' 80' EXISTING FEATURE (MB. 37,P. 11) PROPOSED FEATURE ©2014 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. i•=40' n WATERFRONT EXHIBIT A ' ' ; '` CONSULTING INC. ENCROACHMENT REQUEST FOR 4. � 1112 JENSEN DRIVE,STE. 110 LLEWELLYN E. and TERESA S. JALBERT, JR. VIRGINIA BEACH,VA 23451 LOT 11, SCHOONER QUAY AT CROATAN PH:(757)425-8244 FAX:(757)216-6687 CROATAN BEACH (M.B. 160, PG.18) ENGINEERING SERVICES PROVIDED BY: SEAVIEW CONSULTING,INC(757)575-3715 BEACH DISTRICT DATE: MAY 27, 2014 w --(...,/ -----„....r.,...,i H CC V M ,..,,j---- .,„ 4±'4:4111‘. 0 ---.. CCI u, th CV k CX cv y ti _ell < 2 Y Qcewa � Z ~ J N o Q = Q W N •• • • • • U V W Y Z re .: . . . : ° zagQ � in U J a Z W Q •. •. • • W < x J . :.' , N LL • • • N O (911".1 /\ r fs iTh___r j •.. •. .• • • .. •. •.. •• .• • • • r.-"'" >, I ......•••••••••,••• -...•••......•••:...:.•:•:•:•••..;•;;;.••• . /------, --r-2 --__ �, -----,__± d,d i L .._ r.,_ ,.., ..........•••.•.•:..........:„........„..•..:.:...........:. . . ...,................ J ---7 . o PACf' '� .. O` o) I • '- - ' 4 Ahifrwoilleallia 1•• .M MI its rl A - 1111 1111 ; u1% II tlag 0 raw, -- :.., ' • h,.i • ~�,�� - iimma....mumrai .....-- 1 a t i P 1 . �i .. AMU 4 Encroachment Request — Applicant: Llewellyn E. Jalbert, Jr. 512 Kerry Lane -r 47 ' 4: ' 'Ilk` „.. , , , , -1'- . i ..mss I 1 c I -- -+ �- , /--1 1 Encroachment Request - Applicant: Llewellyn E. Jalbert, Jr. 512 Kerry Lane • • ` \ Mk • ilk - Encroachment Request — Applicant: Llewellyn E. Jalbert, Jr. 512 Kerry Lane gfV3 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: _0 REVISIONS SUBMITTED DATE 1VB Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 41111/4B Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) CI Contractor Not Identntied yet for piling removal Construction Contractors and replacement.Owner to fab floating docks Engineers / Surveyors Waterfront Consulting Inc.1112 Jensen Dr. Vi ginia Bt al.h.VA 23451 &Greyory Md toad PE Lic#047323 The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services ❑ ❑ Real Estate Brokers / Agents for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Lew ^J,` Lew Jalbert 6/24/15 APPLICANT'S SIGNATURE PRINT NAME DATE Le-w-I er� Lew Jalbert 6/24/15 PROPERTY OWNER'S SIGNATURE j PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ns, mac` IL), fr-ff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2015-16 Operating Budget of the Department of Housing and Neighborhood Preservation to Align with Federal Funding MEETING DATE: July 7, 2015 • Background: The Department of Housing and Neighborhood Preservation submitted its proposed FY 2015-16 budget in December, 2014 based on estimated awards of federal funds. The Department received notice of actual award amounts too late to be included in the City Manager's proposed budget, and it is therefore necessary to make adjustments to reflect the actual amounts of funding allocated to the City. In addition, one new award of funds was received since the budget was submitted. Housing Choice Voucher (HCV) Program: Appropriate $304,364 for the Housing Choice Voucher Program: $93,000 in Administrative Fees that will be earned from HUD for program operations; and $211,364 from HUD Held Reserves. This will provide the necessary funding for HCV rental payments and program operations. HUD - Veterans Administration Supportive Housing (HUD-VASH) Program: Appropriate $123,573. On April 23, 2015 the Department was notified that funding in the amount of $148,288 was being provided to support seventeen (17) new vouchers for previously homeless veterans for 12 months, effective September 1, 2015. $123,573 is the prorated amount expected for FY 2015-16. Community Planning & Development (CPD) Funds: Adjust appropriations as follows: • Community Development Block Grant (CDBG) — Reduction of $21,826; • Home Investment Partnerships Program (HOME) — Reduction of $70,192; • Housing Opportunity for Persons With AIDS (HOPWA) — Increase of $7,023; • Emergency Shelter Grant (ESG) — Increase of $2,107. Continuum of Care (COC) — Housing First Grant funds: Reduction of $3,800 • Considerations: These actions are needed in order to balance the budget with actual federal allocations. The Department has made adjustments to program expenses to align with the federal allocations and the adjustments recommended here. • Public Information: Public information will be coordinated through the regular Council agenda notification process. ■ Recommendations: Adopt the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing.and Neighborhood Preservation fr City Manager. k son 1 AN ORDINANCE TO AMEND THE FY 2015-16 2 OPERATING BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION TO ALIGN WITH FEDERAL 5 FUNDING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 The Department of Housing and Neighborhood Preservation's FY 2015-16 Operating • 11 Budget is hereby modified in the amounts and purposes set forth below: 12 13 1. Appropriate an additional $304,364 for the Housing Choice Voucher Program, 14 with federal revenue increased accordingly. 15 16 2. Appropriate $123,573 for the HUD Veterans Administration Supportive 17 Housing Program, with federal revenue increased accordingly. 18 19 3. Reduce the appropriation for the Community Development Block Grant by 20 $21,826 with, federal-revenue decreased accordingly. 21 22 4. Reduce the appropriation for the Home Investment Partnerships Program by 23 $70,192, with federal revenue decreased accordingly. 24 25 5. Appropriate an additional $7,023 for the Housing Opportunity for Persons with 26 AIDS Program, with federal revenue increased accordingly. 27 28 6. Appropriate an additional $2,107 for the Emergency Shelter Grant, with 29 federal revenue increased accordingly. 30 31 7. Reduce the appropriation for the Continuum of Care Housing First Grant by 32 $3,800, with federal revenue decreased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP'OVED AS TO LEGAL FFICI •CY: Budget and Management Services City A •-y' 'Office CA13388 R-1 June 15, 2015 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds Resulting from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, and to Authorize Three Donations MEETING DATE: July 7, 2015 Background: On May 11, 2015, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the eighth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception event is a lead-in to the Commonwealth of Virginia's Business Appreciation Month, which is typically celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. The invitation list included over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED). This charitable fund-raising event donates a portion of the private sector proceeds to three local charities encompassing job skills for special needs adults, instruction for children, and community awareness. This year the three charities are: The Urban League of Hampton Roads, The Global Studies and World Languages Academy at Tallwood High School, and Virginia Beach Public Schools STEM Robotic Challenge. This exciting event generated $15,000 to be provided equally for the benefit of the above referenced programs. • Considerations: Approval will allow the City to accept a check from the VBDA, appropriate it in the FY 2015-16 Operating Budget of the Department of Economic Development, and then donate the funding received to the above charitable or educational programs for use within the City of Virginia Beach. ® Public Information: Public information will be handled through the normal Council agenda process. ® Recommendations: Adopt the attached ordinance ® Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Developments City Manager:`fi .�� 1 AN ORDINANCE TO APPROPRIATE FUNDS RESULTING 2 FROM THE EIGHTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC 4 AND NETWORKING RECEPTION, AND TO AUTHORIZE 5 THREE DONATIONS 6 7 WHEREAS, on May 11, 2015 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the eighth annual Virginia Beach 9 Business Appreciation Charity Golf Classic and Networking Reception at the Virginia 10 Beach National Golf Club, which generated $15,000 that can be donated to local 11 charitable programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $15,000 is hereby accepted and appropriated from the proceeds generated by 17 the eighth annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception held on May 11, 2015 at Virginia Beach National Golf Club to the 19 FY 2015-16 Operating Budget of the Department of Economic Development, with 20 estimated revenues increased accordingly, for purposes of donation to three local 21 charitable or educational programs; and 22 23 2. $15,000 will be donated in the amount of $5,000 each, to the following three 24 organizations: The Urban League of Hampton Roads, Tallwood High School (for its 25 Global Studies and World Languages Academy), and Virginia Beach City Public 26 Schools (for its STEM Robotic Challenge). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit 01111 s Office CA13397 R-1 June 24, 2015 t. e ', CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Alcohol Beverage Control Commission within the FY 2015-16 Operating Budget of the Department of Human Services MEETING DATE: July 7, 2015 • Background: The Department of Human Services (DHS) has been awarded a grant by the Virginia Alcohol and Beverage Control Commission (VA ABC) to develop, in conjunction with youth from the Mayor's Youth Leaders in Action program (MYLA), a year-long student-and coalition-led social norming/social-media campaign entitled "Who Do You Follow" to address the various issues involved with under-age alcohol use. The grant has three goals: reduce under-age drinking in Virginia Beach; increase awareness of the campaign to youth and community organizations; and increase community awareness of the risks from underage drinking. The campaign will include digital media, use of various web-based sites and "apps," television public service announcements, videos, print materials, incentives to program participants, and collaboration with many community organizations, businesses, colleges and groups. Once the campaign is developed, it will be sustained after the grant funding expires through funding and management by the DHS Operating Budget Community Services Board Performance Contract, Youth and Community Action Team coalition and MYLA youth members. • Considerations: The estimated cost of this program is $21,940 to be funded by the VA ABC grant of $8,000, an in-kind contribution of $5,540 comprised of existing staffing costs within the DHS Operating Budget's State Community Service Board Performance Contract funds, and $8,400 in-kind contribution from the United States Navy Safety Center for a 4-day public service announcement workshop. The grant period is from June 15, 2015 through June 15, 2016. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services liNK. City Manager: Ill ' ' k.. 64.441. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA ALCOHOL BEVERAGE 3 CONTROL COMMISSION WITHIN THE FY 2015-16 4 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 (1) $8,000 is hereby accepted from the Virginia Alcohol Beverage Control 11 Commission and appropriated, with estimated state revenues increased accordingly,to the 12 FY 2015-16 Operating Budget of the Department of Human Services to develop in 13 conjunction with youth from the Mayor's Youth Leaders in Action program, a year-long 14 student and coalition-led social norming/social-media campaign entitled "Who Do You 15 Follow" to address the various issues involved with under-age alcohol use; and 16 17 (2) The local grant match will consist of$5,540 in in-kind contributions from existing 18 staffing costs. within the Department of Human Services Operating Budget's State 19 Community Service Board Performance Contract funds, and the Department of Human 20 Services anticipates an $8,400 in-kind contribution from the United States Navy Safety 21 Center for the 4-day public service announcement workshop. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n))t ,udl� Management Office Budget anServices City A • y CA13390 R-1 June 15, 2015 K. PLANNING 1. CAVALIER VENTURES, LLC/CAVALIER ASSOCIATES,LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. WHLR—LASKIN ROAD, LLC for a Conditional Use Permit re a Marina at 948 Laskin Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. SHORE DRIVE FARM MARKET,LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 4. C.P. MARINE & DIESEL SERVICES, INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 5. (a)PAUL S. BROWN FAMILY,LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard a. (b)BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: DISTRICT 7—PRINCESS ANNE PLANNING COMMISSION RECOMMENDATION: APPROVAL APPLICANT REQUESTS: INDEFINITE DEFERRAL 6. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §1700 of the City Zoning Ordinance to reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines b. §§111, 209.1, and 401, Defining"Farm Distillery",setting forth General Requirements for the Use and Allowing same as a Principal Use in the AG-1 and AG-2 Agricultural Districts RECOMMENDATION: APPROVAL i `r- t ro: k 's` . :r sr, 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 7,2015 at 6:00 PM, at which time the following applications will be heard: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1700 of the City Zoning Ordinance to Reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines. CAVALIER VENTURES, LLC (Applicant) / CAVALIER ASSOCIATES, LLC (Owner), Conditional Use Permit (Craft Distillery), 4200 Atlantic Avenue (GPIN 2418859710). COUNCIL DISTRICT-BEACH. WHLR - LASKIN ROAD, LLC (Applicant & Owner), Conditional Use Permit (Marina), 948 Laskin Road (GPIN 2418715689). COUNCIL DISTRICT-LYNNHAVEN. BT HOLDINGS III,LLC(Applicant& Owner), Conditional Change of ZOninp,AG-1&AG-2 Agricultural to Conditional I-1 Industrial.Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). Conditional Use Permit (Bulk Storage Yard). Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). COUNCIL DISTRICT -PRINCESS ANNE. PAUL S. BROWN FAMILY, LLC (Applicant &-Owner)-r Change- of Zoning R-20 Residential District to I-1 Industrial District. Area to be rezoned consists of a 30-foot wide strip that runs parallel to the southeast lot line of GPIN 2405332394 for a distance of approximately 800 feet. Proposed Use - Access roadway to Bulk Storage Yard.Comprehensive Plan -Special Economic Growth Area 3 - South Oceana. COUNCIL DISTRICT-PRINCESS ANNE. SHORE DRIVE FARM MARKET,LLC (Applicant) SHORE PAR REALTY (Owner), Conditional Use Permit (Open Air Market), 2961 Shore Drive (GPIN 1499290996). COUNCIL DISTRICT-LYNNHAVEN. CITY OF VIRGINIA BEACH - An Ordinance to Amend City Zoning Ordinance Sections 111, 209.1, and 401,Defining"Farm Distillery," setting forth General Requirements for the Use and Allowing the Use as a Principal Use in the AG-1 and AG- 2 Agricultural Districts. C.P.MARINE&DIESEL SERVICES, INC. (Applicant) / SPENCO, L.P. (Owner), • .i i. .1 - P-rm' (Motor Vehicle Reps' , 1399 Air Rail Avenue (GPIN 459832366). COUNCIL DIST"1 -BAYSIDE. Ruth Hod:-!' -r,MMC City Cler • Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the • Department of Planning or online at htto://www.vbaov.com/ocfor information call 385-4621. _______----- t - 7 11000110- in l 1.4° _ 14 -- - --:-------- o0 .41 t‘r , I 1\64--- AL., Wii__ , t' _,----i\ U Wt 1 n.:111-k-li k. CW \ , 1C1 ' % _ ,.,---- 0 flit; ,„..... z, ,..,- ,, , .-_ - itml :ji. ‘3, St•Pr r-- ,L I -- - 41 I: :,_ u ,% 44 � '' • % 4 st � Oik „ • A 100 \ % 17y 6 A',rri irreAl 40 --xs \ _ ____-- ...„... . ,, •..., r ,1 .--_____ ....,. , i ., `(� ,...., aftv-74 1 4,163 \ , _ _ ,,, =1 .14v,,,,H04, r4 __., ----_-_13*-07_ , * *tt rip"O --------' / ___„-------- -14....-VkA W\ i _ __,:-. *4 .- ... in 0 ''''' tit :///_/-4_ g oza 7- _,,,, . _ I *''' '''' ________- rii %-c_i_ Cli) -r, _.' *' /4_ - -r, ,"--‘ 7:3\ rz \‘ k ,..001-ilui. j\i;''' 7-.. / vor--,i, ,k.i. A #.% ,ii � . 1A .-4S,„or-"XlitiOrt A ; \ �` NANO - u.-� • � / �r,t *ry 0� _ .�\ 00 j . .,t:14 : .. !iliirt% Iv% ,1 oit .4•,, #ital I C 4‘k,-...XS. • *----? # 0.1011r'. --- z u.ilk 1 r �ti._,_ �d''r .� 'vs� ► 1144 Ve ` �AWitaar *OM AffirAhleaga)OrAllir / NN, Mkt ogro • to i 00 '100111iir:7,--- / ‘0 ,0 -.--:,41. ,- /V' //, ‘. WOO a. 5 C3 (4- • .� lti i. `tet ..r. ; `/ems O 1� ' A , n 4�.45114t :h� . At fo -- 1, - • C\''' \ . �_ s v , tt � -.1—all_ f" I Vi o IleriTilx or �i tui '!.-' - a r L9!' ): 4'Vfari�' _luin'.a��AVi1 1' a, o t_�� —' WAIF N P71:: r uH�l ICF r°1 -i fr1 .,..._ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAVALIER VENTURES, LLC (Applicant) / CAVALIER ASSOCIATES, LLC (Owner), Conditional Use Permit (Craft Distillery), 4200 Atlantic Avenue (GPIN 2418859710). COUNCIL DISTRICT — BEACH. MEETING DATE: July 7, 2015 is Background: The applicant requests a Conditional Use Permit to allow a Craft Distillery at the historic Cavalier Hotel. The distillery will operate in a space adjacent to the refurbished Hunt Room restaurant. Since the site is located in the OR Oceanfront Resort District, and the applicant wishes to sell `spirits' produced at the distillery for off-premises consumption, a Conditional Use Permit is required. The Virginia Code (§4.1-100) defines `spirits' as "any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients." • Considerations: The distillery will be located on two floors within the hotel. The main level of the distillery will be located adjacent to the hotel lobby, and will include the following: • A 2,680 square foot area for processing of the spirits, offices, dry storage, bottling, and shipping. • A 446 square foot tasting room. • A 227 square foot retail space, which will provide bottled spirits and other merchandise for sale. The basement level will consist of an 812 square foot mechanical equipment and storage area. Further details pertaining to the proposal, as well as Staffs 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 9-0, to recommend approval of this request to the City Council with the following condition: CAVALIER VENTURES Page 2of2 The Craft Distillery shall be developed in substantial.conformance with the plans entitled "CAVALIER VENTURES, LLC, CONDITIONAL USE PERMIT SET DISTILLERY," dated February 25, 2015 and prepared by Street Sense. Said plans have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning. ■ 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 fy City Manage . �� t" BEACH nmRwf i) 1-5 Cavalier Ventures,L.L.C. 5 /"� .�.� .� .�• °•� May13, 2015 Public Hearing V'�, :.asp', ;..� i'--'` k1 �° �iJ ' `a ;'y �� �, APPLICANT: 11 r te ', -y r,-, ,,,. ; , ,►v � n;� ,Y,k,� p CAVALIER ri--- ll . v V- °R 'y�..- ` 0 ° VENTURES, LLC1 .,,,z7- „,------ ph, ',� oR �� 7 � PROPERTY OWNER: �� e �� �� ":: 5 d.. do 1 CAVALIER - ` �int� o- - �' A : r r� _- " ASSOCIATES LLC R40 kA�1�.izi • ...0. sr ,tG.`'€�1�1t. '�R 5 •r!. '` •z..xoWeb c..ae.so,�..Ow.an.,s r,.msl.. r ��5 CUP for Craft Distillery 'STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit(Craft Distillery) ADDRESS/ DESCRIPTION: 4200 Pacific Avenue GPIN: ELECTION DISTRICT: SIZE: AICUZ: 24188597100000 BEACH (3,869 SF of building) 70-75 dB DNL ♦ • BACKGROUND / DETAILS OF PROPOSAL Background & Details The applicant requests a Conditional Use Permit to allow a Craft Distillery at the historic Cavalier Hotel. The hotel is undergoing extensive renovations, and the distillery will operate in a space adjacent to the refurbished Hunt Room restaurant. Since the site is located in the OR Oceanfront Resort District, and the applicant wishes to sell 'spirits' produced at the distillery for off-premises consumption, a Conditional Use Permit is required. The Virginia Code (§4.1-100) defines 'spirits' as"any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients."While the applicant is only planning to produce bourbon and vodka at this time, they anticipate acquiring equipment and materials to produce other spirits in the future, including rum and gin. The distillery will be located on two floors within the hotel. The main level of the distillery will be located adjacent to the lobby, and will consist of a 2,680 square foot area for spirit processing, offices, dry T"' \70Al2tNi CAVALIER VENTURES; LC. -,: •Z �Agenda,ltem=5 a . fes e � r y • •Page 1, a. 94 , Ts _ `}- . •OUR`t441�::$ storage, bottling, and shipping. The public entrance to the distillery will house a 227 square foot retail space, which will provide bottled spirits and other merchandise for sale. The main level will also host a 446 square foot tasting room separated from the processing area. The smaller basement level will consist of an 812 square foot mechanical equipment and storage area. The distillery anticipates producing 100 barrels in the first year, and up to approximately 250 barrels per year at maximum operating capacity. These annual production estimates are well under the maximum permitted in Section 230 of the City Zoning Ordinance, which contains use standards for craft distilleries and breweries. The distillery, will be open to the general public and Cavalier Hotel guests for tours and tastings. Only spirits produced on-site will be served in the tasting room. The distillery plans to employ 4-6 people, and the typical hours of operation will be as follows: Distillery: 7 a.m. — 10 p.m. Tasting room: 10 a.m. — 10 p.m. Retail: 10 a.m.— 10 p.m. These hours of operation are consistent with the use standards for craft breweries and distilleries in Section 230 of the City Zoning Ordinance. Hotel guests and members of the general public will park in the hotel parking garage, and may also use the hotel valet. Per Section 6.2.3 of the Oceanfront Resort Form-Based Code, any building certified as historic on the National Register of Historic Places shall be exempt from the parking ratio requirements. As the Cavalier Hotel was added to the Register on May 19, 2014, there is no minimum parking ratio for the distillery. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Hotel (under renovation)/OR Oceanfront Resort District SURROUNDING LAND North: • Cavalier Drive USE AND ZONING: • Single-family dwellings/ R-7.5 Residential District South: • Townhouses/A-18 Apartment District • Church/ R-7.5 Residential District East: • Pacific Avenue • Hotel (under redevelopment)/OR Oceanfront Resort District West: • Holly Road • Offices/0-2 Office District • Single-family dwellings/ R-20 Residential NATURAL RESOURCE AND The Cavalier Hotel was added to the National Register of Historic CULTURAL FEATURES: Places on May 19, 2014. The period of historical significance stretches from the opening of the hotel in 1927 to its transfer to US Navy in 1942, which used the hotel as a radar training facility during World War II. The hotel was nominated for inclusion in the Pegis�tr rc0CAVALIER VENTUR;ES;rLLC, " 2. Y Qi:;. --54:116n -4-'" '- :! r N.p 0` eat! OF�iy� pNS OUR Na' .„4 under Criterion C for Architecture, and demonstrates an example of early twentieth century Classical Revival and Jeffersonian design. The hotel was also nominated under Criterion A for Recreation and Social History. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area, and it is adjacent to Strategic Growth Area 8, Resort Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3) The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2- 28). The vision is to extend the energy at the Oceanfront inland in order to revitalize these areas and increase activity in the off-season. • 0 EVALUATION AND RECOMMENDATION The Conditional Use Permit to construct and operate a Craft Distillery and tasting room within the Historic Cavalier Hotel is consistent with the Comprehensive Plan's land use policies. This type of creative use blends well with other uses in this area and serves to increase activity within the Resort Area in-season and off-season. Staff recommends approval of this request with the conditions below. • • CONDITION The Craft Distillery shall be developed in substantial conformance with the plans entitled "CAVALIER VENTURES, LLC, CONDITIONAL USE PERMIT SET DISTILLERY," dated February 25, 2015 and prepared by Street Sense. Said plans have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning. >—lr!1A.BF I\ • CAVALIER VENTURES `LLC .. 1 01' kAgeoda Item 5;1> y ,•. 3Pae=:3. �.> S °F CUR NP`�C NOTE:Further conditions maybe 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. • • U a \ter CAVALIER VENTURES; LLC_ "Agendall ray: "✓ . �S OF O'R yJA O�jZLtA iQ • 7 • f i rr gz ay -a , ,\SP ‘ i M► • r' _ ,„;-..71t ATLANTIC AVENUE ; _ _ ) f 9 t f j , f t 'iv .-w13 yr r4YY _r . .liNis . a _ AZ 4! :.�'' ^Y AT 1 \ a /,.• Va 1 - 1-4. . , . ...,, ,z, .• , . t,„ . . _. ,,_agerv, cz . ,.) , , i - ,, ,,, .. . _ z 4 „ . ,., , . ,. _.. ..c i. . . ..... ..... , ,, , ,.„, . . . N . AERIAL OF SITE LOCATION r'AGrN A•79,1 c� CAVALIER VENTURES, LLC t.2 Agenda Item 5 t).:- Page a Page 5 / \, z:. - i et \ 5,,, , i 1111 1 > pm I. ..A 1, So, ini 't ,l. - re4., , . s„....„-. N.,,,, ,,,,, -,_ • %.., . , 'A, . -.7^ \ _ • _ qs,�v` .��\,\ ,nam. ■ IPI■III1!I y► IV Emmy ist11.. .in 511MO wolf.0 , \ \ / misiown- mom \ 47pcm„ s 6 7 O�v Y � \mss=� Z 0 fy a 3 FLOOR PLAN SHOWING LOCATION OF DISTILLERY r11V CAVALIER VENTURES, LLC X7.1 Agenda Item 5 ' t Page 6 i 2 .1 `or Nevr'Air a116 *Z97� � L 1 a, . .. ao E _17...ii.,30 . . [ it ad ' , c F it 1 k ka, ‘,\., wi„ ,Le • 1 I .,,,, ,,,::: , ' i\` '1:i\ At(C2. i ,..\\: V‘ V . .- E II \ • -•... ' To.:\' „ . •- .44Ae , O ' k\ \ . r ' vTik — " i '''—, 40&.44111‘12C10, AA . i j LI: 46661e 't IriaMri a II 8 n f1a 41 ofigisnoPEP PROPOSED FLOOR PLAN (MAIN LEVEL) ?1'.4"',.:x;_ .,. L,c; CAVALIER VENTURES, LLC 2 Agenda Item 5 Page 7 L 09 I I t ( - $ ■ Q 1 .. 4 . k..-1 \\\*. / • F) % ii%) % a �= § n n ij� a FK Ig UU W LL Z f G J ❑ 6 m a Z w h LL W -,-..1 W Z$ J 10 (�J iS C w Q al �iO W o '5 ' w D _Am 21 °a 2°o PROPOSED FLOOR PLAN (MECHANICAL LEVEL)) CAVALIER VENTURES, LLC , Agenda Item 5 19 , Page 8 :. OF OUR NA-5,0,4 BEACH Map L-5& i17-5 Cavalier Ventures, L.L.C. Ma•Not to Scale 11111111rigq.7ifiCkin,WAT4 1 E;. it/1e.t §111*.OrAciti,� 'I liriV. r; bl4krkli!ii) :111'14.W$41.:T-‘s\. itIltaW41 401°SI il. : pft..,,:al:‘‘rleAr47:1ar\--144ti&wiltai;)44111t,;$1i47,* .,.* *:''a ' 1 i 1 lir*I i - A 7 A.. c - CT gn t E--- - 0 ' i . , , _. ..i , t5 1 .� ! ��•,. moi•. %''�.. de 01 IP' % "1) -75 d ` do i-. 1� OR` 44. . OR ,.. , fog o 13 1uivo s , .`a ,pro sr R40 ooer - tii MI 2.1111.201E-4 1111111' •Zoning with Conditions,Prolten,Open Space Promotion CUP for Craft Distillery ZONING HISTORY # DATE REQUEST ACTION 1 12/10/2013 Change of Zoning— RT-1 Resort Tourist and R-7.5 Approved Residential Districts to OR Oceanfront Resort District 12/10/2013 Special Exception for Alternative Compliance Approved 12/10/2013 Subdivision Variance Approved 2 10/11/2005 Expansion of a Nonconforming Use Approved 3 06/27/2000 Conditional Use Permit (Religious Use) Approved 03/16/1987 Conditional Use Permit(Religious Use) Approved .17.o., ,-G N A 1ti'1 CAVALIER VENTURES, LLC i,ri Agenda Item 5 'w a Page 9 r.IA .i Vis:- .. 4; • • • Virginia Beach DISCLOSURE STATEMENT FORM ---'�' The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board c � The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. c o SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. fJCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). la APPLICANT NOTIFIED OF HEARING DATE: Q NO CHANGES AS OF DATE: 0, REVISIONS SUBMITTED DATE: DISCLOSURE STATEMENT CAVALIER VENTURES LC. ,;72. -2141-i 54 :' 2 -` Page -u O� F CUF tl FTt�• • Virginia• Beachh .•' other unincorporated organization,AND THEN,complete the lowing. - (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) • Please see attached. • • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. See next page for information pertaining to footnotest and 2 0 0 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ZCheck here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. g"-'" DISCLOSURE STATEMENT CAVALIER VENTURES,;i LC.. tAgenda'Item 5_. : a Page ;11 , � "-., '���2j p'{ ami �p =r , S F�¢ 'T} CUR I)I Pt u'S • . ---- Vfiginia Beach- _-__:.: .' Please see attached. - t 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 'Affiliated business entity relationship' means `a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (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. 0 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Goodman Hughes your tax return n 0 Architect/Landscape Architect/ Hanbury Evans Wright Vlattas and Land Planner Company/WPL/EDSA Contract Purchaser(if other than 111 n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 ❑ Construction Contractors. WM Jordan 111 n Engineers/Surveyors WPUKimleyHorn/CherwaEwingNitok The disclosures contained in this form are necessary to inform public - Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I' DISCLOSURE STATEMENT 17-17,.. S'0, -- ---‘2',,I-&- le:\ CAVALIER VENTURES;=LLC ``,�1, �Agenda• =ltern15, ._, a ,�-, ��Page 1-2. . '6.' s 3 :d'," Qi 14.:'3 LJ-., H" • • • Virginia Beach/ r Financing(include current TowneBank tis 1r • Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services Troutman Sanders LLP ❑ Real Estate Brokers/Agents for 111 current and anticipated future sales of the subject property 0 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest?N/A CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (avoli¢A T r¢S.LLG 1 Cnvahce ASSo.,cOs,LlC 5y' Apr'I Z1,2oK C=(0 VOBeP.T Vt.{-k,WOtf,(Alf f Invesrvnta'Offitcg APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. �,w t"t'1/7 DISCLOSURE STATEMENT CAVALIER VENTURES,::I Lq ,: a(Agendtem�5.,`_'Y,U Page 13. ti)-1.:„.1. OUP' p.1kkO�.A Supplemental Disclosures Conditional Use Permit Application of Cavalier Ventures,LLC I.Applicant—Cavalier Ventures,LLC a. Members: i. Cavalier Associates,LLC ii. Cavalier Spirits,LLC b. Affiliates or Subsidiaries: i. Cavalier Associates,LLC ii. Cavalier Spirits,LLC iii. Hunt Room,LLC iv. Distillery Management,LLC 2. Property Owner—Cavalier Associates,LLC a. Members: i. John R.Lawson ii. DMR I,LLC iii. Bruce L.Thompson iv. Cavalier,FP,LLC v. COTH,LLC vi. Cavalier Investors I,LLC vii. Cavalier Investors II,LLC viii. Cavalier Investors Ill,LLC ix. Hospitality Investment Associates—Cavalier,LLC b. Affiliates or Subsidiaries: i. Cavalier Ventures,LLC ii. Cavalier Spirits,LLC iii. Hunt Room,LLC iv. Distillery Management,LLC 233917632 DISCLOSURE STATEMENT CAVALIER VENTURES;g`LC. ;�y 4 Agendalt m_5;:_` Item #5 Cavalier Ventures, L.L.C. Conditional Use Permit 4200 Atlantic Avenue District 6 Beach May 13, 2015 CONSENT An application of Cavalier Ventures, L.L.C. for a Conditional Use Permit (Craft Distillery) on property located at 4200 Pacific Avenue, District 6, Beach. GPIN: 24188597100000. CONDITIONS The Craft Distillery shall be developed in substantial conformance with the plans entitled "CAVALIER VENTURES, LLC, CONDITIONAL USE PERMIT SET DISTILLERY," dated February 25, 2015 and prepared by Street Sense. Said plans have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 5. AYE 9 NAY 0 ABS 1 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABS RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 8-0-1, with the abstention so noted, the Commission approved item 5 by consent. Robert Beamon appeared before the Commission on behalf of the applicant. y •-%, ' • (:04 L' \-\\'\. ..\•4411 CII) 4,11:. \ ' . h. • ,f4. Ilk *(/:"11 011.4 i _,---L•ri., . U., - ' tt. ; Ce ilt.‘w Ile IT: a+ 4 ,..._ _0 „,cz cm \ . ggCOco u iCIP •pwl Cs-:) CI\ \ ,___-,-,-_---- N>C13-- --7-‘ ',,.?t ', ', - Piot \-: - '\ \ ''' ilk, ,14 ___. � N 4 11\ ''loilk SI \ stv-N. 0 _ : ._, ..• ii...-Nu .. •,, i,, 5 ' 4 ,, . _ 'i 4111:. 7'. , I. 1,1 ‘---., 1.-__ —... Nil niiiM ' ‘-- liclia- g la • Q '47 ‘ . ' '..... a i i \ ro ---.'"fti. le: ill zCSL � W - L o ' Q I r f Q r a M d o V ( • 41:( z a fid► 3 Z a.� 'y C � Q nc C *I C4 0 \;stn e (tE [. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WHLR — LASKIN ROAD, LLC (Applicant & Owner), Conditional Use Permit (Marina), 948 Laskin Road (GPIN 2418715689). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: July 7, 2015 • Background: The applicant requests a Conditional Use Permit for a seven slip, private, non- commercial marina. The property is zoned B-2 Community Business, and a three-story, 28,000 square foot office building is under construction on the site. The application indicates that the intent is to offer the slips for use by the tenants of the building, and there is a potential that some will commute to work and dock at the slip. • Considerations: In 2002, the redevelopment of the upland portion of this site, consisting of the office building and parking lot, was reviewed by the Chesapeake Bay Preservation Area Board, and a variance for encroachment into the Resource Protection Area was granted. A Joint Permit Application is currently under review for the pier slips and shoreline work, consisting of a proposed bulkhead with riprap, a 204-foot long wooden wharf with seven, 25-foot long piers, and a sewer pump out facility. A decision on the Conditional Use Permit for the marina is required prior to issuance of a permit by the Waterfront Operations Division of the Planning Department, which is the City's regulatory arm of the Joint Permit Application. Further details pertaining to the proposal, 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the marina shall be developed substantially in conformance with the exhibit WHLR— LASKIN ROAD, LLC Page 2of2 entitled, "USE PERMIT EXHIBIT FOR NON-COMMERCIAL MARINA, WHEELER REIT OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, Ltd., dated February 10, 2015. 2. The applicant shall obtain Joint Permit Application approval from the Planning Department prior to any construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. An emergency access (sidewalk), with a minimum width of three feet, from the western side of the proposed parking lot to the marina shall be installed and shall be subject to the provisions of the Chesapeake Bay Preservation Area Ordinance. • 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 V City Manager: ‘116�/' - - VI ii"/._ LYINIMAVUN 412 L1/4 6,. WHLR- Laskin Road, L.L.C. 2 . it'' / RooA 2 e May 13, 2015 Public Hearing IA36 APPLICANT & PROPERTY OWNER: R40 Al2 1* WHLR WHLR - LASKIN pZ2 ROAD16) , LLC R r7 NOM A36• voi M �j,SKM+ � 70-75 dB In A36* ",0 82 # R7.5 Bp •...d'Al2 Al2 r.... •.e...c►.Tr...h...M• UP fore Menne STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(marina) ADDRESS/ DESCRIPTION: 948 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24187156890000 LYNNHAVEN 1.3 acres 70-75 dB DNL APZ 2 4 1 BACKGROUND / DETAILS OF PROPOSAL Background & Details The applicant requests a Conditional Use Permit to allow a seven slip, private, non-commercial marina on this B-2 Community Business zoned property. A three-story, 28,000 square foot office building is under construction on the site. In 2007, the Board of Zoning Appeals granted a variance for this parcel allowing a reduced side yard setback and a deviation to the required screening. The application indicates that the intent is to offer the slips for use by the tenants of the building, and there is a potential that some will commute to work and dock at the slip. No sale of boats or fuel is proposed with this request. The boats moored on the property will be for private use, rather than commercial use. In 2002, the redevelopment of the upland portion of this site, consisting of the office building and parking lot, was reviewed by the Chesapeake Bay Preservation Area Board, and a variance for encroachment into the Resource Protection Area was granted. A Joint Permit Application is currently under review for the pier slips and shoreline work, consisting of a proposed bulkhead with riprap, a 204- foot long wooden wharf with seven, 25-foot long piers, and a sewer pump out facility. WHLR — LASKIN ROAD, LLC -i Agenda Item 2 r a� i- ,Page 1 '� • a 3.. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office building (under construction) SURROUNDING LAND North: • Little Neck Cove and marsh USE AND ZONING: • Single-family dwellings/ R-40 Residential District South: • Laskin Road • Movie theatre/ B-2 Community Business District East: • Office uses/ B-2 Community Business District West: • Retail shopping center/ B-2 Community Business District • Multifamily dwellings /A-12 Apartment District NATURAL RESOURCE AND The site is within the Lynnhaven River watershed of the Chesapeake CULTURAL FEATURES: Bay, as well as within Flood Zone AE. The property has approximately 200 feet along Little Neck Cove. The encroachment into the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA), for the proposed office building and parking lot was approved by the City's CBPA Board on November 25, 2002. A Joint Permit Application for the proposed wharf and pump out facility is currently under review and is subject to the outcome of the Conditional Use Permit request. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals requires that all land use activities either maintain or enhance the quality of the area through compatibility with surroundings, attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses (pp. 3-1 through 3-3). 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road at this location is a four-lane divided major urban arterial. In addition to the existing four-lane section of road, there is one two-lane local access road parallel to the primary portion of roadway on the north side of Laskin Road. The roadway currently exists in a right-of-way with a variable width of 125 to 140 feet. The MTP proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. There are two Roadway CIP projects programmed for this area: • Laskin Road — Phase I (CIP 2-156) is for the construction of an eight-lane divided highway.til r, 6 1 4cyL WHLR — LASKIN ROAD, LLC , Agenda Item 2 5 Page 2 Z ? S OF OUR.Np-00N 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2019 due to lack of construction funding. • Laskin Road — Phase II (CIP 2-165) is for the construction of a six-lane divided highway with a bikeway within a 150-foot right-of-way from the eastern terminus of Laskin Road Phase Ito the 30th/ 31s' Street split. Design is 30 percent complete; however, the project is listed in the current CIP as "requested but only partially funded." TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use`— 309 Laskin Road 27,700 ADT ' 17,300 ADT (LOS a"C") 3 ADT 31,700 ADT (LOS "E") Proposed Land Use — 330 ADT 'Average Daily Trips 2as defined by office 3 as defined by office and marina 4 LOS=Level of Service WATER & SEWER: This site is already connected to City water and sewer. The proposed pump-out station will connect to the City's sanitary sewer service. 4 0 EVALUATION AND RECOMMENDATION A Conditional Use Permit is required for marinas within the B-2 Community Business District. A Joint Permit Application is currently under review for the proposed bulkhead with riprap, the 204-foot long wooden wharf with seven, 25-foot long piers, and the sewer pump out facility. A decision on the Conditional Use Permit for the marina is required prior to issuance of a permit by the Waterfront Operations Division of the Planning Department, which is the City's regulatory arm of the Joint Permit Application. There are no commercial components to the marina. In other words, there will be no sale of fuel and there will be no dry storage proposed on this site. As the site is zoned B-2, the proposed office building can be built as a matter of right. Traffic Engineering Staff indicates that the addition of the marina will generate little, if any, additional traffic beyond that generated by the office building. The request to develop a seven-slip private marina as part of the office building use is consistent with other marinas and piers in the vicinity. Pending the environmental and navigational issues currently under review by other agencies as part of the Joint Permit Application, Staff recommends approval of this request with the conditions below. r-f6VV/TE:eti 1-11 WHLR — LASKIN ROAD, LLC . Agenda Item 2 Y Z Page 3 = 1 9p�k�,a0@, oaf, ''''-ofN1i O 4 • CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the marina shall be developed substantially in conformance with the exhibit entitled, "USE PERMIT EXHIBIT FOR NON-COMMERCIAL MARINA, WHEELER REIT OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, Ltd., dated February 10, 2015. 2. The applicant shall obtain Joint Permit Application approval from the Planning Department prior to any construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. An emergency access (sidewalk), with a minimum width of three feet, from the western side of the proposed parking lot to the marina shall be installed and shall be subject to the provisions of the Chesapeake Bay Preservation Area Ordinance. 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. WHLR - LASKIN ROAD, LLC Agenda Item 2 `-a Page 4 � N t.1:41;2.4 _ «,- To .',. (.fir. -• S, -§z,d . -- c.). ate. -4 �� s31>. 044 Zr-c- ^ ,:�,t 4:1.4 .: - '- ' 16 c, r . . .s, .3,,,..e ., ., t ' i+~�k 4 C.., Ot S. 1.r 0 ftk otca % ... .w. ,T, 1 low,7 w1t,VD t i � ,l sIP Y i ! % ' di iiro ' R1pLE 5- O 1147' pR pR IP Jt . cc_ t , 0 A ,, :t.'llik i‘tc.:04. ir, • AERIAL OF SITE LOCATION WHLR — LASKIN ROAD, LLC Agenda Item 2 Page 5 L�� g �� ,3. z a Ef Fe, Q X J t .n wio.w,10.anr U w l tJ. !E H�3N w 3 WVIj • , e 31111 .s n p i'g iI EH 1:1 "a vWi v {iii wvo� z gi;l8. 0tt ,'Io/ 12s Z I't .. --; Illialiodlin -.11..1 = [ Vii{ _ - i 16 d l..i0 - eooe0000.eo 00o Aeooeoeoe tgl9i •E• cjt °0.00001,--. -______.---0 ,% �"""""""^--o„ j ,1 �\sI 0:tj d iI .. 11 ,. \ Q if I I I 1 ,h 4 \ g 1 II__ v._ � w \ m F. 3:a•�f\ 4 ‘s 111111111 J.11' ' 1111 tt G VP' 41171.. igi 4t ** '4 1I :firs '� '!' ! \ ��°� , 7-'i=ti .\ 0 c iiiiNt \ -',..%. X . e -.,,i 44,gr Alt" 4/ -N 11 t lr ` . �� Y: z f$ !,.$ 0 \ V,-f`":,,, ‘,C) i it Ai ;'- \ Pd-• R O26.§ = 5' v En iq z:4 i 42IS' Lei gi 4y Ee14110;1k l' !:111, �t�� YOH. !qfiglgt.' d� .. .._ .14'x:;, ;g. 1z ghsn5 4o PROPOSED SITE LAYOUT Ytt:tty'`. •..:-. 4. t..:P WHLR — LASKIN ROAD, LLC '0 Agenda Item 2 7-5 Page 6 €. J A • ( -, I PI/ .; IIIIIIIH o \ , .- If 1 N r -i_ ` - 1 i PHOTOGRAPH OF SHORELINE LOCATION OF PROPOSED PIERS 7;4c.>>...1 `i` I��• WHLR — LASKIN ROAD, LLC tzy Agenda Item 2 3: Page 7 "' r Y o LYpNNHAVE N Map p L-6cale WHLR - Laskin Road, L.L.C. ilk ar 4a R40 1 7114%.,,„12°' 0 r R L dmikk, ;A 36 17#',�-,.°) , Al 2� - • -PZ 2 fr''',,,, SA, 1;11-_, R40 More 423110 t stool R° A36* 44 ' • 001 FOND �gK1N c 70-75 dB do s � w � ,, ,'t II q ' \ 2 I R7.5 :f__ - Q ') Al2 0 'Zoning with Conditions1Proffers,Open Space Promotion CUP for a Marina ZONING HISTORY # DATE REQUEST ACTION 1 11/25/2003 Rezoning (H-1, B-2, R-40 to Conditional A-36) Granted 2 01/22/2002 Modification of Proffers Granted 06/12/2001 Rezoning (B-2, R-7.5 to Conditional A-36) Granted 03/21/2001 Street Closures Granted 3 05/28/1996 Conditional Use Permit (pier) Granted 06/11/1997 Conditional Use Permit (communication tower) Granted 4 10/28/1985 Conditional Use Permit (marina) Granted -,;'-GIN►' moi % WHLR — LASKIN ROAD, LLC "' Agenda Item 2a Page 8 t? , 4 NB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(_)weeks prior to any Page 1 of 4 Plannin:,Com 'ss,o•and City Counc,i meeting that pertains to the appl caton,s' iyi APPLICANT NOTIFIED OF HEARING DATE _ 0 NO CHANGES AS OF DATE — a REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT 4 WHLR — LASKIN ROAD, LLC Agenda Item 2 a Page 9 .J /.._ c, _ .,p.,n'4` .1 NIT/3 Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners, etc. below: (Attach list if necessary) WHLR-Laskin Road,LLC-Wheeler REIT,LP(Sole Member) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Wheeler Real Estate Investment Trust,Inc.(General Partner of Sole Member) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. E Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WHLR - LASKIN ROAD, LLC Agenda Item 2 t;a Page 10 71/413 Virginia Beach I 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va Code§2 23101 2 'Affiliated business entityrelationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application(or any business operating or to be operated on the Property if the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER(use additional sheets if L_ needed) O 0 Accounting and/or preparer of your tax return Q ❑ Architect/Landscape Architect/ • Tymoff+Moss Land Planner Contract Purchaser(if other than ❑ Q the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) D O Construction Contractors CPG ✓❑ ❑ Engineers/Surveyors David Butler,Gallup Sury and Eng. a The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT GN -ec .411,4 ? � WHLR — LASKIN ROAD, LLC i� Agenda Item 2 a Page 11 l''..,`' .-k 4 Financing(Include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑✓ ❑ Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for ❑ © current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i Does an official or employee of the City of Virginia Beach have ® I an interest in the subject land or any proposed development i contingent on the subject public action? If yes,what is the name of the official or employee and what Is the nature of the interest? vvaaen.Mawisia-onthe-Bond-efWbeeier-REtT-- Warren Harris resigned from the Board of Wheeler REIT on June 4,2015 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public body or committee In connection with this Application. • AR.�tl�f J'. WA'4JfLda .rT/di 4.- APPUCAN SIGNATURE UR / PRINT NAME �/ BATE rACIC PROPERTY NER'S SIGNATURE PRINT NAME I ATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT f • f I' tCj P WHLR— LASKIN ROAD, LLC 2) Agenda Item 2 a i .. Page 12 r .ti.: t GUR NAS pA Item #2 WHLR—Laskin Road, L.L.C. Conditional Use Permit 948 Laskin Road District 5 Lynnhaven May 13, 2015 CONSENT An application of WHLR- Laskin Road, L.L.C. for a Conditional Use Permit (marina) on property located at 948 Laskin Road, District 5, Lynnhaven. GPIN: 24187156890000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the marina shall be developed substantially in conformance with the exhibit entitled, "USE PERMIT EXHIBIT FOR NON-COMMERCIAL MARINA, WHEELER REIT OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, Ltd., dated February 10, 2015. 2. The applicant shall obtain Joint Permit Application approval from the Planning Department prior to any construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. An emergency access (sidewalk), with a minimum width of three feet, from the western side of the proposed parking lot to the marina shall be installed and shall be subject to the provisions of the Chesapeake Bay Preservation Area Ordinance. A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 2. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE s 1 Item#2 WHLR—Laskin Road, L.L.C. Page 2 RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 9-0, the Commission approved item 2 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. • • N C a 0J0/~�r�• c iii. • - '7/11111r .p.� .r �Q a Ike 1-. 7 co) a -I; 0 !-- 7 N N [OA G i { r -1 - ++�t O - • O\s O SA• (0/1 N N f0/1 O '• tu • O .. - -• O O -Cie, 1 • • O •• p a i - rt r5 r 8. �, h a O - 101'. p - - •,4__ •L N [!1 i, __, ;f:. 6N N i NN 04 '':. Q�I O O •• '- S a • O • • a O • . 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N ,�M.I, I `17 r , Ir f 1 C VI .� • p p p 'iQ .- • a5• 1 G O' • a,� O 3. r . r • O • •C - in �. n r'� ��•�j r v ii " � 1 iihei to jOn ^ L� iii 1 warm ►17PsAin i 1 T•a411� irk - MU y, pS yi) S Z) (u5 int ,j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHORE DRIVE FARM MARKET, LLC (Applicant) SHORE PAR REALTY (Owner), Conditional Use Permit (Open Air Market), 2961 Shore Drive (GPIN 1499290996). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 7, 2015 • Background: The applicant requests to use the subject property for an Open Air (Farm) Market. The site is zoned B-2 Community Business District. A Conditional Use Permit is required for an Open Air Market in the B-2 District. There are two existing one-story commercial buildings on the southern half of the site and 115 parking spaces. Current tenants of the existing buildings include Tidewater Area Christian Church, Treasure Chest Antiques, an accountant office, a laundromat, and two restaurants. The restaurants operate seven days a week; the office operates Monday through Friday; and the church holds their time of worship on Sundays. • Considerations: The proposed Farmers Market will be a maximum of 8,280 square feet in area and located in the center of the parking lot. The applicant is proposing to accommodate up to 8 "large vendors" that will have a covered space of 17.5' x 18', and up to 30 "small vendors" that will have a covered space of 10' x 10'. Vendors will sell products including locally grown produce, seafood, and meat, as well as specialty cheeses and locally baked breads and pastries. Pieces of art or hand crafted goods by local artists and craftsmen will also be available for sale. The applicant is open to having up to four food trucks/trailers; however, the vision of this Open Air Market is largely of the traditional model of tent vendors selling local produce and goods Further details pertaining to the proposal, 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: SHORE DRIVE FARM MARKET, LLC Page 2 of 3 1. This Conditional Use Permit is only valid for one year from the date of its approval by the City Council. After one year, this Conditional Use Permit may be administratively renewed per Section 221(k) of the City Zoning Ordinance. 2. The Open Air Market shall not operate at the same time the church is having worship services. 3. All minimum parking requirements and aisle widths as specified in Section 203 of the City Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 4. Per comments from the City of Virginia Beach Fire Department, the 25- foot aisle width located between the site of the Open Air Market and the 22 parking spaces adjacent to the commercial building shall remain unobstructed at all times during the event. The 25-foot aisle shall serve as the required Fire Lane. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. The majority of items made available for sale at the Open Air Market shall be limited to regionally grown produce, seafood, and meat, and locally prepared food products and handcrafted items. The sale of alcoholic beverages is not permitted as part of this Conditional Use Permit. 7. The proposed use may not operate more than three times a week. The operation shall be restricted to the time between 9:00 a.m. and 5:00 p.m. 8. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. 10.The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. SHORE DRIVE FARM MARKET, LLC Page 3 of 3 is 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 City Manager: k :z € LYNNHAVEN \Lir 112 Shore Drive Farm Market, L.L.C. 2 1111 June 10, 2015 Public Hearing 9+011EO`6 B2, APPLICANT: VI* 1011 SHORE DRIVE 11211 FARM MARKET, • R50 % -62� L.L.C. RIO R1G . Rib PROPERTY OWNER: ,�;. t ., ! SHORE PAR .haft..C�.*.A,.4...=...r,. SD_ REALTY -.� STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit for Open Air(Farm) Market ADDRESS I DESCRIPTION: 2961, 2957, and 2947 Shore Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14992909960000 LYNNHAVEN 88,116 square feet Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests to use the subject property for an Open Air(Farmers) Market. The property is zoned B-2 Community Business. An Open Air Market is a conditional use in the B-2 District; therefore, the applicant is requesting a Conditional Use Permit. Site and Current Use The site fronts on Sea Shell Road to the west, Shore Drive to the north, Red Tide Road to the east, and Cape Henry Drive and the Cape Henry Trail to the south. There are two existing one-story commercial buildings on the southern half of the site and 115 parking spaces. Current tenants of the existing buildings include Tidewater Area Christian Church, Treasure Chest Antiques, an accountant office, a laundromat, and two restaurants Parlays 3 and Agave. The restaurants operate seven days a week; the office operates Monday through Friday; and the church holds their time of worship on Sundays. Proposed Use The proposed Farmers Market will be up to 8,280 square feet in area and located in the center of the parking lot. The applicant is proposing to accommodate up to 8 "large vendors" that will have a covered space of 17.5' x 18', and up to 30 "small vendors" that will have a covered space of 10' x 10'. Vendors will sell products including locally grown produce, seafood, and meat, as well as specialty cheeses and locallyt_ SHORE DRIVE FARM MARKET, L.L.C. Agenda Item 2 :a Page 1 '',_. A baked breads and pastries. Pieces of art or hand crafted goods by local artists and craftsmen will also be available for sale. The applicant is open to having up to four food trucks/trailers; however, the vision of this Open Air Market is largely of the traditional model of tent vendors selling local produce and goods. While the proposal includes the ability to expand to 8,280 square feet in area, the applicant is anticipating starting much smaller than that, with about 15 to 20 initially interested vendors. The applicant has chosen the center of the site to avoid any noise, exhaust, or potential safety hazards near Shore Drive, and has organized the layout of vendors to create an interior corridor to help separate the visitors and market activity from the vehicles. It is the intent of the applicant to have individuals at each vehicular entrance to help direct and park traffic. Larger vehicles will be directed to the southern half of the site and smaller vehicles will be directed to the northern half of the site around the market. Tenant occupancy of the existing shopping center fluctuates; respectively, the amount of available parking fluctuates. To avoid exceeding the available parking, the farmers market is proposing to operate only when the church is not operating. $ 0 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Partially vacant commercial center/ B-2 Community Business District SURROUNDING LAND North: • Multi-family dwellings / B-4 Mixed-Use District USE AND ZONING: South: • Single-family dwellings/ R-10 Residential District East: • Commercial / B-2 Community Business District West: • Commercial / B-2 Community Business District NATURAL RESOURCE AND There do not appear to be any significant natural resources or CULTURAL FEATURES: cultural features located on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area (SFA) 1-Shore Drive Corridor. The Corridor area is considered to be a resort neighborhood and not a resort destination due to its characterization by many well-established neighborhoods, newer high density residential development and, to a lesser degree, resort commercial uses. This corridor also shares the responsibility of being one of Virginia Beach's primary east-west connectors. Recommendations include preservation and protection of the character of the established neighborhood, improvement of public parking and public access to the beachfronts, and promotion of corridor beautification (pp. 3-7 to 3-9). • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/ CAPITAL IMPROVEMENT PROGRAM (CIP): The site is within the project limits of CIP Project 2.117.000 Shore Drive Corridor Improvements—Phase III, which is approaching 65 percent design. Small right-of-way 'takes' are proposed on the corner pgth r1N1A'BE,gcy SHORE DRIVE FARM MARKET, L.L.C. 81, Agenda Item 2 ;:j �.y Page 2 19 `0 OUR NQS intersections adjacent to this site; however, this should have no impact on the applicant's proposed use or layout. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Sea Shell Road & 6,200 ADT 1(LOS °"C") Red Tide Road N/A 9,900 ADT 1 (LOS°"E") Existing Land Use 2—554 ADT Shore Drive 36,000 ADT ' 27,300 ADT 1(LOS 4"C") Proposed Land Use 3-660 31,700 ADT 1 (LOS "E") 'Average Daily Trips 2as defined by a 27,100 SF retail building Sas defined by a 27,100 SF retail building and 5,250 SF of vendor space in a 8,280 SF portion of the parking lot 4 LOS=Level of Service 4 • EVALUATION AND RECOMMENDATION The subject site is zoned B-2 Community Business District, and within this zoning district, the proposed use of a Farmers Market requires a Conditional Use Permit for an Open Air Market. The proposed use is generally consistent with the Comprehensive Plan's recommendations. The use is in keeping with the character of the area and supports the broader Suburban Area goal of neighborhood preservation. The addition of an outdoor farm market will introduce a focal interest point of a human-scale to an otherwise impervious, auto-oriented environment. Since this proposed use will be situated within walking distance from adjacent neighborhoods, careful consideration in design of the circulation system is needed to provide optimal safety and visibility of and for pedestrians. Staff has recommended broad conditions to ensure appropriate measures are taken in regards to health, fire, and parking. A separate condition limits the Conditional Use Permit to one year. It is the intent of these conditions to allow the applicant one year to learn what type of operation or layout best fits the site and reflects the interest of the local consumer base and vendors, while still ensuring the proposed use does not negatively affect surrounding land uses. The applicant may then request to modify the Conditional Use Permit next year to include more refined conditions without the one year time limit. Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. This Conditional Use Permit is only valid for one year from the date of its approval by the City Council. After one year, this Conditional Use Permit may be administratively renewed per Section 221(k)of the City Zoning Ordinance. r G0NA;$ C � SHORE DRIVE FARM MARKET, L.L.C. ,ri Agenda Item 2 'o- • Page 3 ` ?" 1z 2. The Open Air Market shall not operate at the same time the church is having worship services. 3. All minimum parking requirements and aisle widths as specified in Section 203 of the City Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 4. Per comments from the City of Virginia Beach Fire Department, the 25-foot aisle width located between the site of the Open Air Market and the 22 parking spaces adjacent to the commercial building shall remain unobstructed at all times during the event. The 25-foot aisle shall serve as the required Fire Lane. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. The majority of items made available for sale at the Open Air Market shall be limited to only the sale-of regionally grown produce, seafood, and meat, and locally prepared food products and handcrafted items. The sale of alcoholic beverages is not permitted as part of this Conditional Use Permit. 7. The proposed use may not operate more than three times a week. The operation shall be restricted to the time between 9:00 a.m. and 5:00 p.m. 8. There shall be no less than one (1) trash receptacle per one thousand (1,000)feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. 10. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 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. SHORE DRIVE FARM MARKET, L.L.C. Agenda Item 2 Page 4 k- ..#.04448tr. .•• ir_ . v ''' " ' 4 Le--' A -... - t. ... A. • ;moi ' ' at . p ; .. Mi. o DRIVE— • t - -''......" 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I irnirri'ffra -- -- ..7- - - -- II _ _ ____.__ L At ihri.s7),,L...., , MO - --- • 1---Li -1-401 -ti. I/ )111 .riff -- - , ! I rillIVAllin Ara' ,:i__ .A.iirritt. of .5;3 liAsAsivf, Eiocis . .4 I _LI..., . _ am elf/ Am. 7. ..._0/4 of sa4o4v._-4o _Fez Tree AO-4Atii- _t_.H4__. _ ts ._._ _ ___. _ _ _ -i-F-F4- --- 10 1 . 14 _i_l_+_L .: L. _..gigL .44 _ _ _ -t -4 . -I- or- ,ifr-o -4--_ - --,- - -- --- • fir i I I A/ - ' ' I1 I ! --I.-_----.'4-11, . - L !- 4_ , 11111l/ l ____ tAtSQuARE /541.S ,„il C}N•airee is PootielN6- feACCS PEA J/DE L 7_ , ,. 4t_y_ a-ii7.4 jei—ais .F1ivAxAs LAYOUT PLAN OF PROPOSED MARKET 16/ SHORE DRIVE FARM MARKET, L.L.C. tti, Agenda Item 2 Page 6 :,•,,./. N.,-\,-...-•de's . _1221201: Lyn am's°each Square-Stswp/IP[B . T TNI[ It TO O[RTI►T THAT ON /20.C1M.fY 1./776 ,I 3MMMMMID TM IDN TNU PLAT AYO "' TN[ TI TL[ tIN[f AND THE RALL['0/Till WILOINO■ MN [MORN ON TMI*,LAT. TIO •Ifl,4plf O[ [TA fO f Tf lOt LT RITMIf Tut T17L[ LIN[f AND THERE Alt NO [■GROAONM [rl0f OF OINt*.fu1L0111. 1,.•RRT As sNOWM. .. NM C.IbN;i 13.1. M.s,. =5 iir '_ J, I e:e IF RNES L HAWKINS JR C.L:•, NO 1087 GAPE HENRY 411"1/6 bi4:1'' C D LAYn`` (Apo',VW) "EAU,/filets( VEMO 7F.sN1 FgT5.1:4:4....... , dER C r/N O WATCR /e w�//7 ,IIL7CJC4 ,v......_..........,go 04off"w - ~woo I ,1 P ,I Tp' • 2 p p F 1n lII 7� _ ^ /-5T0/!Y- 13LocK I '0 h N C--- 11$1• V o bc 2 iv�d-F~ too' r"..771::� C 33.E -rasa si so.o' ea,co,.vs i✓i,Tou/IAet �- r TN/cKe/vEl0 13.06E WALK'. .e-1. z jAJtglAg- N-/W` � � I s{, ela CFS 3. :N.� , er - • - 2 W Q 6v V FAR Et's LkET y 'x tog' It 3) " n h~ p V 14 rACK/VG 1/Ac E3 tt , 7C v W 8 h n SEE EXI1( ZT A N lift Eill 1111 N •; I I sit EiglidiaM PiN EXISTING NAi--37'-an"E v 1 4 4146 3o,141619 SHORE aR/VE 030'Ay I PNYRIf:AI CIIPVCY ntpslhneiLpoo4e.can!_lecs/me1-steuu is/K=7mM In _Xvwte1AB1x601m=m I.JV n•RMag5/_UGMM7RLn9T9-93xq_7z-v7cBJC1sF81-1-z%Owe... 111 SITE SURVEY AND LOCATION OF PROPOSED USE SHORE DRIVE FARM MARKET, L.L.C. Agenda Item 2 Page 7 LYNNHAVEN p � H 2�a� Shore Drive Farm Market, L.L.C. - r.,..,... _-.......,...., ..,,, ,..,_.,... ,,,,,.. ,,.„ ,t , ... w)..i, .... r.,,,,,,.... s.„ B4_, I ' .ate � -• ..„,, sosp,se-,-sir $F; st m fY �t ,,, \ $Hoge DwfillA. 1. N 'e 040 �t' :, A. L , �. y , r fall'. 0 SD Str~SD ��E`co.iii .11 1 r *:,s,,--.--loisoak_ - _ f. ki‘i P r.-::'1:1", 0 ® ,.— B �1 "V ie ~� elikq, � t .i! -4---0,—;,---.4. % ', rn — Gp,PE -ids -i, e, (,.._; .u... \'''' rii, _.... ilk 14-#„wig( _, Q r'a Ra -`' '; 1,10.44,,,,* p .',� id=lilignmEREL,__,0 ,, a , . ,.., .....,,, _., •Zoning with ConditionaRroffer 'Open Space Promotion CUP for Open Air Market SD-Shore Drive Overlay ZONING HISTORY # DATE REQUEST ACTION 1 01-11-1994 Conditional Use Permit(Religious Facility [church]) Approved 2 01-13-2009 Conditional Use Permit (Assembly Hall) Approved 04-24-2012 Conditional Use Permit(Motor Vehicle Rentals) Approved 3 12-03-2002 Conditional Use Permit(Multi-Family Dwellings) Approved 4 04-28-1998 Conditional Use Permit(Outdoor Recreation) Approved 5 07-06-1999 Conditional Use Permit(Boat Sales) Approved SHORE DRIVE FARM MARKET, L.L.C. t, , Agenda Item 2 •:1:5-: Page 8 ¢__, } a i• 4.4 111111111110111 • Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDJP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or -K FOR CITY USE ONLY/AP disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s) O APPLICANT NOTIFIED OF HEARING DA1 I O NO CHANCES AS OF DA1 E: O REVISIONS SUBMITTED DA1L: DISCLOSURE STATEMENT t��0 SHORE DRIVE FARM MARKET, L.L.C. Agenda Item 2 ; a l Page 9 _1 a? •I. 4 NB . , Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) —,711 I ,JA I L k— — A4 Gn-i8e2 • — (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) .Mtr, , JV{c ' rf'—Mist-re. ! L.,_L.C., See next page for information pertaining to footnotes' and 2 0 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 'El, Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) /1/4 i re // .e114,eft // 1 1_Nc . (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict DISCLOSURE STATEMENT 111 SHORE DRIVE FARM MARKET, L.L.C. Eg, Agenda Item 2 1.5 Page 10 `2= it 3niaBeads "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 relationship, that exists when (i) one business entity has a controlling ownership interest In the parent-subsidiaryother 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. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business opelatinq or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES I NO I SERVICE l I PROVIDER tuse dd) additional sheets If I ___'/ nee ❑ r^ Accounting and/or preparer of �f— your tax return nEzrArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)- identify purchaser and purchaser's service providers ❑ Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 171- Construction Contractors ❑ Z. Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 DISCLOSURE STATEMENT • _f:�G�NIF,gc1 SHORE DRIVE FARM MARKET, L.L.C. �7j► Agenda Item 2 a Page 11 g•s isr ti�c�f j 4.4-,-,.dr,:-..- t- ,..'14 .-..,'=-,:-...--:--"-- ys` ,'=-,4�.sJ "�� ~ f:.a; rr � ^t-' ' - t R. Financing (include current . ❑ gr mortgage holders and lenders selected or being considered to provide financing for acquisition rte/ or construction of the property) ElLJ/ Legal Services O Real Estate Brokers /Agents for LLU current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have c2r❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? !P: .. ! ! TTTPTT:T1TTh1I . . scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 'l31T S APPLI• 'S SIGNATURE PRINT NAME ATE r- i .... ..,/,‘,1,..i, 12..4„,.. ,.,,„, . is /1R,.,4l1 y-,{/s. -PRO' • OWNER'S SIGNATURE ! _PRINT NAME DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict DISCLOSURE STATEMENT lr `B SHORE DRIVE FARM MARKET, L.L.C. z. Agenda Item 2 •',1-.5. .) Page 12 x. 4 Item #2 Shore Drive Farm Market, L.L.C. Conditional Use Permit 2961 Shore Drive District 5 Lynnhaven June 10, 2015 CONSENT An application of Shore Drive Farm Market, L.L.C. for a Conditional Use Permit for Open Air(Farm) Market on property located at 2961, 2957, and 2947 Shore Drive, District 5, Lynnhaven. GPIN: 14992909960000. CONDITIONS 1. This Conditional Use Permit is only valid for one year from the date of its approval by the City Council. After one year, this Conditional Use Permit may be administratively renewed per Section 221(k) of the City Zoning Ordinance. 2. The Open Air Market shall not operate at the same time the church is having worship services. 3. All minimum parking requirements and aisle widths as specified in Section 203 of the City Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 4. Per comments from the City of Virginia Beach Fire Department, the 25-foot aisle width located between the site of the Open Air Market and the 22 parking spaces adjacent to the commercial building shall remain unobstructed at all times during the event.The 25-foot aisle shall serve as the required Fire Lane. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. The majority of items made available for sale at the Open Air Market shall be limited to regionally grown produce, seafood, and meat, and locally prepared food products and handcrafted items. The sale of alcoholic beverages is not permitted as part of this Conditional Use Permit. 7. The proposed use may not operate more than three times a week. The operation shall be restricted to the time between 9:00 a.m. and 5:00 p.m. 8. There shall be no less than one (1)trash receptacle per one thousand (1,000) feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 9. Merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. 10. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, or overflow parking. Item #2 Shore Drive Farm Market, L.L.C. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approve item 2. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 2 by consent. Donald Edwards appeared before the Commission on behalf of the applicant. i • eall) ' 1.-' ' \ . \ \ (D = ril ....__-- !c), ........„7 7.,._ sio: \ e li. : • __I iii __ _ _ - - ��,`--yt Q' V 4-A;v----'--- O� (___ cD p '—1 CLIO p______I 1 ri ",.....::____., 2-1. f-_________ r_L_____. g c(,) _ w ..„ ,... ci.) • • _ , . 0 ... , %ft •_„ A b ' r) .4. 1414(yii? 1 , (3 I a. 74 ihk, Cill) :'''...1'' '--'-'-'' .45/ '1 .4% 1 t -I' l. ..4). czs.., •. ---', 2 `t ''''clss....,..,.... kSt . ' --- .-.',.. ----.... --,,,,, It% z.jil al 'N"isNs.'j'-:..,,'N''''-i(cly./ .----/ 7Zi 0 ., .. 414.:..... '''i , ,..c. IN: / \•� ,i *� i_ c je 4.- IVO •v c M co I ❑ N W � , n ":- q 6, s. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C. P. MARINE & DIESEL SERVICES, INC. (Applicant) / SPENCO, L.P. (Owner), Conditional Use Permit (Motor Vehicle Repair), 1399 Air Rail Avenue (GPIN 1459832366). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: July 7, 2015 ■ Background: The City Council indefinitely deferred this application on May 19, instructing the applicant to meet with the adjacent property owner, who expressed several concerns about the application during the May 19 meeting. Since the deferral, staff has met with the applicant and the adjacent property owner to discuss the adjacent property owner's concerns. After that meeting, staff developed a new site plan for the purpose of showing the areas of agreement reached at the meeting and drafted additional conditions that addressed the concerns of the adjacent property owner. The applicant and property owner have agreed to the plan and conditions, and the adjacent property owner has withdrawn her objections (see attached email). The revised site plan is attached, the changes since the Planning Commission hearing are described below under Considerations, and the revised conditions for the Use Permit are provided below under Recommendations. The attached staff report has not been changed, remaining the same as presented to the Planning Commission. The applicant requests a Conditional Use Permit to allow the use of the site for an automobile repair garage. The applicant, C.P. Marine and Diesel Service, desires to relocate its existing business to the subject site. The existing business, which has been in operation for 21 years, on a site 750 feet to the east on Thurston Avenue. The business is located in the rear unit of the office-warehouse building at that location. The applicant's business is dedicated to motor vehicle repair, including commercial trucks, such as those used by repair businesses and FedEx delivery. Repair and maintenance are also occasionally conducted for tractor-cabs used to pull trailers carrying cargo containers; however, the trailers and cargo containers are not kept on the site during the repair of.the tractor-cab. • Considerations: The 17,407 square foot parcel is zoned I-1 Industrial and is located in the Airport Industrial Park, which encompasses the northern portion of the Northampton Boulevard Corridor/ Burton Station Strategic Growth.Area C.P. MARINE Page 2 of 6 The applicant will renovate the existing garage on the site to accommodate motor vehicle and truck repair services. In particular, the applicant proposes to remove several non-Ioadbearing walls, install new electrical wiring and lighting, and enlarge the bay of the existing overhead garage door. The applicant will also be installing a second overhead garage door on the front façade. The location of the new door was negotiated between the applicant and the adjacent property owner to ensure the door was a sufficient distance from the adjacent building such that any noise would be reduced as much as possible. The applicant will also be improving the site (parking area) and installing streeffront and foundation landscaping. Vehicles will be parked on the southwest side of the building. As shown on the site plan, those parking spaces include one handicap-accessible space and four spaces in the front, marked for employee-only parking. Access to the garage doors is shown on the site plan by the lighter white color. The applicant's business also includes state inspection services, which will occur in the new garage bay. To ensure the vehicles do not block access to the adjacent property, the applicant and adjacent property owner agreed to a condition for this Use Permit pertaining to the queuing of vehicles waiting for inspections and service. ■ Recommendations: The Planning Commission, by a recorded vote of 8-0-1, recommends approval of this request to the City Council with the conditions listed on pages 3 and 4 of the attached staff report. Based on the negotiation and discussion between the applicant and the adjacent property owner, staff recommends approval of the application with the following conditions: 1. Streetfront and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 2. The trailer and equipment encroaching into the railroad right-of-way and the ten-foot wide utility and drainage easement along the northwest lot line shall be removed. 3. Vehicles shall only be parked in the spaces shown on the plan entitled "C. P. Marine & Diesel Services, Proposed Site Layout, 1399 Air Rail Avenue." Four of the said parking spaces shall only be for employees, as designated on the plan. 4. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage C.P. MARINE Page 3 of 6 door be any closer than six to seven feet from the northern side of the existing building, as depicted on the plan referenced in Condition 3. 5. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C&P Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter or exit the new overhead large garage door, referenced in Condition 4, such that the vehicles block the driveway. 6. The parking area shall be re-striped as shown on the plan referenced in Condition 3, in accordance with Public Works Standards and Specifications. 7. All repair work shall be conducted inside the building. 8. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior of the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 9. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 10.There shall be no cargo container units, whether on or off of a chassis, located on the site. 11.No outdoor vending machines and / or display of merchandise shall be permitted. 12.The corrugated metal portions of the building shall be repainted a neutral tone. 13.The trash dumpster shall be screened with a six-foot high privacy fence and gate at the opening. 14.There shall be no bulk storage or motor vehicle sales permitted on the site. • Attachments: Revised Site Plan Email from Adjacent Property Owner Staff Report provided to Planning Commission and Disclosure Statements Minutes of Planning Commission Hearing Location Map C.P. MARINE Page 4 of 6 Recommended Action: Planning Commission recommends approval. Staff recommends approval with revised conditions. Submitting Department/Agency: Planning Department City Manager: k ., ,tili.,--,ft„ C.P. MARINE Page 5 of 6 REVISED SITE PLAN A. _,... z w f laLr)ax C)1/ Lao ,.... tt, . _. X \' f Q ix Wm J ,_ cc _ ., . , W WH Apt ca ', • ... - ft L ... . . QEh '` rz-z z wW CCW IL CO q ,6L'6ZI _. 7. ix i ONi w { 9 YN 5 rci Crs _—� 1r r K (2 _ t.: W Q g a :'v. �g sL d i m v el 1 _ °e a e tO r Ei co •x W O . � � wo Cl) 0 �< W MI CI et 3 w, ea W > Q., =z ~ wz ZN Na !C W CI gg Ja Cr ILI rgV WX W� am a H i 1Z•-- 2E OQ a N O C) r C.P. MARINE Page 6 of 6 EMAIL FROM ADJACENT PROPERTY OWNER From:CRETIVESLS@aol.com[mailto:CRETIVESLS@aol.com) Sant:Monday,June 22,2015 12:53 PM To:Stephen J.White Subjiet:Re:Site Plan Layout with designated employee parking---And Draft Revised Use... Hi Mr White, Thank you for the attached wording that cover the issues we were previously concerned with We are now fine with everything concerning C&P Marine moving next door provided they agree to the conditions outlined on the attached Please send Mrs Pitt&Patrick a copy Thank you Emilie Palmer Creative Sales 1401 Air Rail Ave Virginia Beach,VA 23455 PH 757 363 9000 Fx•757 460 6523 SAM DE 3 ,l•r A+. ,� CP Marine & Diesel Service, Inc. f April 8, 2015 Public Hearing o`� i �' APPLICANT: t' " 1 CP MARINE AND -`ro ' - DIESEL SERVICE, � ; INC. i, - 1� .Y PROPERTY OWNER: t L L , , is SPENCO, L.P. 71 i \, - i— ' V•hemp se,Co*"eao..o.••Us.how* CUP for AutomobleRepair Geroge STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit for Automobile Repair Garage ADDRESS /DESCRIPTION: 1399 Air Rail Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14598323660000 BAYSIDE 17,407 square feet Less than 65 dB DNL 4 1 BACKGROUND / DETAILS OF PROPOSAL Background and Details The applicant requests a Conditional Use Permit to allow the use of the site for an automobile repair garage. The applicant, CP Marine and Diesel Service, have been operating an auto repair business two blocks from the site for 21 years, and desires to move their operations to the subject site. The 1/3 acre, industrially-zoned site is located in the Airport Industrial Park, which encompasses the northern portion of the Burton Station Strategic Growth Area. The applicant will renovate the garage on the site to accommodate vehicle and truck repair services. In particular, the applicant proposes to remove nonbearing walls, install new electrical wiring and lighting, enlarge the existing bay door and install a second bay door on the front facade. Typical hours are 8:00 a.m. —4:30 p.m. on weekdays. • 6 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Light industrial repair shop CP MARINE & DIESEL SERVICE, INC. r Agenda Item 3 5 1 Page 1 s ,.. eF;s t� KKK • SURROUNDING LAND North: • Offices/ 1-1 Light Industrial District USE AND ZONING: South: • Railroad right-of-way/ 1-1 Light Industrial District East: • Across Air Rail Avenue, offices and manufacturing/ 1-1 Light Industrial District West: • Repair shops/ 1-1 Light Industrial District NATURAL RESOURCE AND The site is located in the Chesapeake Bay/ Little Creek watershed. CULTURAL FEATURES: There do not appear to be any cultural features on the site. COMPREHENSIVE PLAN: This property is located in the Burton Station Strategic Growth Area as identified by the Comprehensive Plan and the Northampton Boulevard Corridor SGA Implementation Plan (also known as the Burton Station SGA Plan), which was adopted on January 27, 2009. The Burton Station SGA Plan identifies this site within the Airport Industrial Park portion of the Burton Station SGA. Plans for this area are to retain the existing buildings and increase connectivity and access. Land uses will continue to be industrial in nature, including flex spaces and research and development, and commercial office space. The Reference Handbook of the Comprehensive Plan includes a section on "General Community Appearance Guidelines"which encourages industrial development to"consider the link between function and aesthetic quality(and how design can)contribute to the planning goal of achieving a quality physical environment" (p. A-7, 2009 Comprehensive Plan Reference Handbook). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Air Rail Avenue is a two lane local street in the vicinity of this site with right-of-way of 65 feet. The Master Transportation Plan does not address Air Rail Avenue. There are no CIP projects scheduled for Air Rail Avenue. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Air Rail Avenue No counts9,900 ADT '(LOS °"D") Existing Land Use 2—213 ADT available Proposed Land Use 3- 150 'Average Daily Trips 2 as defined by Automobile Parts 3,500 SF of sales floor/warehouse 3 as defined by Automobile Service center with 5,300 SF a LOS=Leyel.gfiSer ice r \ r)'nC,g 2 r .5,- car CP MARINE & DIESEL£S:ERV'IC.ElNC . i Z to;' 'sa al em�3, a A ti sJPage 2 ° WATER AND SEWER: This site currently connects to City water. The existing 5/8-inch meter(City ID • 95035504) may be used or upgraded to accommodate the proposed development. The site currently connects to City sewer. Sewer and pump analysis for Pump Station 316 is required to determine if future flows can be accommodated. LANDSCAPING: The use requires foundation landscaping in the existing planting areas at the front of the building. Shrubs should be a minimum of 18 to 24 inches at the time of installation and 70 percent of species selected shall be evergreen. The use also requires street frontage landscaping for the 48 feet of planting area. Twelve(12)evergreen shrubs and three small trees are required (one tree exists; so, only two new are needed). Shrubs shall be a minimum of 24 inches at the time of installation and trees shall be a minimum height of 6 to 7 feet. Small trees must be used due to the overhead power lines. The dumpster needs to be enclosed. In addition to a fence or wall enclosure, landscape screening is required. Shrubs shall be a minimum of 36-inches at the time ofinstallation and shall be spaced 4 feet O.C. 4 • EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit application for an automobile repair garage is consistent with the land use and vision for this portion of the Burton Station SGA. The use is compatible with the existing and recommended light industrial uses surrounding the site. In addition to required site improvements, some aesthetic enhancements to the building where it is visible from the street are encouraged to continue to raise the level of quality in this Strategic Growth Area. Staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. Streetfront and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 2. The trailer and equipment encroaching into the railroad right-of-way and the ten-foot wide utility and drainage easement along the northwest lot line shall be removed or relocated onto the site, outside of any easement area. 3. The parking area shall be re-striped in accordance with Public Works Standards and Specifications. Vehicles outside the building shall only be parked in striped portions of the parking lot. 4. The dumpster enclosure shall be screened with a six-foot high privacy fence and foundation shrubs. 5. The corrugated metal portions of the building shall be repainted a neutral tone to en haoce�th'�e°'°- 41� > Gl��`.,,$F'1c ,fir V 6, L a�0 CP MARINE & DIESEL'S'ERVICElNC.. \�,� 4�Ag'endale�m3h„-, m,, / .i' 39 'r '� 'TSs ci sem' 4'4. S. °'. ice.T-7,- S*d` al� F OUR NAj`O site appearance. 6. All repair work shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. No outdoor vending machines and /or display of merchandise shall be permitted. 8. There shall be no bulk storage or motor vehicle sales permitted on the site. NOTE:Further conditions maybe 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. � A $ IfV'c-134'j''-i,E:, cNiy. 'I P.W.=;'�' �G1 CP MARINE & DIESEL`SERYIC.E',JNC:_ 1„,., ,. Agenda-Item ; i Page 4.A:2 =. 9 EV F 0 UR NASO Z L a, r 0.z •3' B: = • ` 9 .1 .. ,.. i. 'i• i/fr _,... . 1,, , ...i, . ._,-, ib "t e . ii f A 111 i '0 • 410 1 . , /.-I ,,s ). . r.� p.Q _ '• 't 4;44k p -' 9 4' I r 1 Jt �� ' . , I ' J AERIAL OF SITE LOCATION t. CP MARINE & DIESEL SERVICE, INC. r�2 Agenda Item 3 r5:: m Page 5 `=zi ; - CJ Ii Ud 26 611 —a DI l3�NVd N-; a w s we. > 6„Su 3 i_Ki i 1-5• 6: <1:' ■ 0 0 UO • • 4 N 3 . 3t d - ' P; s c" -g i V 33 c . fno Wa..15S 6'7' u > Cr; Q F. R • z�H c gs a Iao . v Q W r u„„� w o JLi. r LL W g _� Wog. =o J o " II ift , ii gm 1 s __ter - - 8 ' r a ' 1Jg _:ess a fn 1 N ? !1 ! 0.4 )f,6 o : .li 0 i ZX i-i 2 I n o L__, f W N a R-1 66 ' a I � �►� e.Gli t.4 r • H if, i 104^ p \�ii i , W P9P(' 'pin S si _,:iw 4d 17 a :G06 o 1 L_._— CC V7f f r� s V "r - pv sx� 5 Nom" „: _ ,i 11 8 1 p ti x : a I= -M� o ti,, 9� as .""o —� 90- EXISTING SITE LAYOUT CP MARINE & DIESEL SERVICE, INC. Agenda Item 3 Page 6 jj AY! f p p' �iii1111 t i AIL, { , t 11 fi r ry 1 I T; i r c 4 Nt. I Ver • s i, • • h 1.w .,n , Aims poii {r PHOTOGRAPH OF FRONT OF BUILDING '" GNI �l;1 CP MARINE & DIESEL SERVICE, INC. hS Agenda Item 3 r. Page 7 .% 'moi 11 It PHOTOGRAPH OF FRONT OF BUILDING CP MARINE & DIESEL SERVICE, INC. pi Agenda Item 3 5 Page 8 BAYS!DE Map B-4 CP Marine & Diesel Service, Inc. COo Scale !4• i Jill' illiiii 11 1 ,: 4$P, I L_ Al ( - 1 Z' -40-- 9•. . r 7t.. _ ) I i I \:)' ../ 11 f @ //. 0 le l i/ F-7 \ //I \-i AI __, , 4ri 7 ,,,_____ _r„, Y4P •Zweig MI6 CwMonsNrollers,Open Space Promotion CUP for Automobile Repair Garage ZONING HISTORY # DATE REQUEST ACTION 1 05/27/2014 Conditional Use Permit (Communication Tower) Approved 2 04/09/2013 Conditional Use Permit(Auto Repair Garage) Approved 3 01/10/2012 Conditional Use Permit(Bulk Storage Yard) Approved 4 09/08/1998 Conditional Use Permit(Communication Tower) Approved 5 07/06/1996 Conditional Use Permit(Communication Tower) Approved CP MARINE & DIESEL SERVICE, INC. i Agenda Item 3 'a R Page 9 -i',) • 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) n - CmzLtiJ s• f)/.7-1-1 --P r r,0�-iv�� G-1-044 A iI4V- ' jAfw`!- 2. List all businesses that have a parent-subsidiary or affiliated business entity2 ' relationship with the applicant: (Attach list if necessary) • nCheck here if the applicant is NOT a corporation, partnership,firm, business, or other unincorporated organization. • PROPERTY OWNER DISCLOSURE • Completethis section only if properly 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) - • fj- V1 etYINi/9-4itI 2. 'List.all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach-list if necessary) . V kb AI 0-Check here if the property owner is N.OT a corporation;partnership,firm, . business, or other unincorporated organization. 1 Z. &2 See next page for footnotes . Does an official or employee of the ity of Virginia Beach have an interest in the • subject land? Yes No I ' _ • • • • If yes,what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT GLN $ 1A' EAc- p. ''T'-- Y. -'if-.; { S-`moi', r(4 CP MARINE & DIESEL4SERVICE,JNC . ,,,) 4(Agenda-Item`3;. '6> Page. .'r :.:::_,,-,"/ t**S-,-1-,:1-'--,f----- IS CUP. T ‘u 4 \TU 4-' ADDITIONAL DISCL05URES 'a List all known contractors or businesses that have or will provide services with respect- 0: • to the:requested property'use including but not'limited to the providers of-architectural 4 services real estate:services;financial services,:accounting services,anti legal: Tii services (Attach.'list'if nec-esspiy) . • d L:e.;v41-'` :.¢g/V 9 '-�� •.?! 4✓%ss.0.-A4i .:('-;i-d... d "Parent subsidiaryrelationship'.means'a relationship that exists;when on•e d corporation directly or indirectly owns shares possessing^more than 50 percent of the voting_ P! •'power of anotiiercorporatio_n_" ,See_ State and Locall-_Government Conflict Interests Act;-Va_ Code§,2:2,3101:. • • $ ?SAffiliated business entity relationship'means a relationship,ocher than parent subsidiary relationship;that exists when(i)one business:entity has a controlling ownership. • Interest;in theiother business en it a.controllin owner in oneen isalso a controlling„ irty { )_.._ 9 My �s owner.in the othei entity;or(iii).there Is shared:management or control between the business' entitles. Factors that should be considered in determining the existence of an affiliated 1. 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 the'r'e is otherwise a dose working'relationship` v • between the entities See_State and-Local Government Conflict of Interests Ad•Va Code 22=3101,. r;: - _ ___ i. CERTIFiCAT!ON I certify,that the infprmatton.contained herein is true andaccurate; _ . .1 understand ttiat,upon rec?ipt of notfication(postcard)that the-application has;been scheduled fot :public hearing,fain•responsible.for obtaining and posting the required sign on thesubiect property`at 1 .'least 30 days poor to the scheduled public hearing according to.the insbuctions in this package The` l' undersigned also consents to entry:upon ihe:subled property by employees of the Department of _ Planning to photograph•and view the site for•.purposes of processing and evaluating this application:: L Applican, rm !i. :Fruit Name °_proa7,:__•7.,,s ignature(0 rtferenfthan applicant} Print.Name - . - - • 'Conditiaoal Use Pom tApp : l ,'. -` Page;10-of 10 • DISCLOSURE STATEMENT - 44 ?r ;12 CP MARINE & DIESEL'S:ERVIC:E,.INC:_ �y 4'Ag'e�nda'I ern-3. ,.jay yPRage X1-1, � :7,-,3s>-:---9 �� ..* 0`..-- --,,,r2:-..-,Y-2..': )e ,� F OUR NAZ00.,4 Patrick'Mumey: - FW:FinancialDisclosure Form' - • This is the additional disclosure information our City Attorney's office will needfor the application.This information, along with.the disclosures required on page 10,may be provided`:as an;attachment. Y What financial Institutions)(bank,credit union,mortgage company,'etc.);is or will have a financial interest in this project? _ ?e Source of financing forsale/lease or purchase of - NC/N(�' - property: (Bank)- "G9n/M5t9- loin-4/,' N� f S'B F/k� $ . o .Real Estate Broker �7rj� /Y{�L•f iz v[/,f2a 9$ � `62 f /� - o Lienholder/Collateral on the property - /1/0 YE _ __ -.- a .Source of financing for projects S(0'+• f N'4V i Nye- - - - -. • if there have been any discussions with a financial institution with regarding to loans to be ..- secured secured to finance anyaspect of this project;please'provide the name,of those institutions: ®/49'VnrOP 6s3f0- ;4-eA ", .9-nii -)11D J IZ S 11s/Ne3 rfVol iJaC/UO- Caa • Contract Purchaser: -C,41-4/2•47"A./ S,. . .00 (2i- 1'r A; Pit - • •-Ongoing relationship with any financial institution: ' 1.9-- A. B - Graharn Owen - _ •- • - • City Planner' - - _ - City of Virginia Beach. • - - • • - .. (757)385-4298-.:- , _ • •Oowen(awtiRov.com. • • ti ;.. .i • DISCLOSURE STATEMENT CP MARINE & DIESEL;S:ERVIC:EANC:= 2'. 4(Agenda`Ite .n_ ,,,, ' a -,,, Page}12,,/7 ' S or ouR NA, Item #3 C.P. Marine & Diesel Services, Inc. Conditional Use Permit 1399 Air Rail Avenue District 4 Bayside April 8, 2015 REGULAR Jeff Hodgson: We will now address the remaining matters on the agenda. I would ask the Secretary, to call the first item. Mr. Ripley, please call the first item. Ronald Ripley: I was waiting to do the names. The first item is Item 3, C.P. Marine & Diesel Services, Inc. Jeff Hodgson: Is there a representative for this application? Patrick Mumey: Thank you for your consideration in the matter. I'm Patrick Mumey. I'm with Thalhimer Commercial Real Estate Services, and I'm representing the applicant, C.P. Marine and Diesel.They have reviewed the improvements called for by the Planning Commission. They agree to and consent to completing those. Jeff Hodgson: Are there any questions? Thank you. You may be seated. Patrick Mumey: Thank you. Ronald Ripley: We have one person in opposition, Emilie Palmer. Jeff Hodgson: Hello. Emilie Palmer: Hi. I'm Emilie Palmer. I own the building as you face this property to the right of the building. I bought the building in 1988, so I have been there 27 years. We have a small family business that we operate out of the end unit that is directly beside this property. From the edge of the building, next door to our office wall, is about 22 feet. Which is, this morning, if you were in the conference room, that room you have there is about 22 feet wide, because I was looking at the ceiling tiles. So, it is just a stone throw away. We have several concerns. Number one, being an auto mechanic business, there is going to be a lot of noise inside.There are two dock doors, metal dock doors that face our offices. Any noise that is going to be inside that building is going to expand because of the metal doors and come right into our offices. Now, we have four little units in our building, and anytime there is nice weather, we open up the front door and the back door, to get ventilation through our office, and since we've been doing that for 20-some years, our tenants in our building also do exactly the same thing. But we are not going to be able to do that if we're going to have a lot of noise coming from next Item#3 C.P. Marine & Diesel Services, Inc. Page 2 door. It is going to interrupt our office daily business. So, that is one of my concerns is the noise. It is going to affect how we work in our little office. We only have 1,100 square feet in our office; so, it is not a big office. The second part is that most auto mechanic establishments, they start off neat and clean and organized, and over time, there is an accumulation of whatever, and it ends up being unsightly. All of the mechanic places that you go to, they always got a lot of cars and things. And Thurston comes into the Airport Industrial Park and dead ends at this property. It is an older park. We take pride in our building, and the buildings around us are very neat. That is going to be the first thing you see as you come into Air Rail Avenue, is going to be a lot of cars, or trucks, or whatever there are that they are going to be working on. Now, I did talk to Mr. Owen, and he told me that they were going to park on the other side, and not park on my side. That starts off really good, but I don't know if it is going to stay that way. And if their business is growing, and they are doing so well that they outgrew their other facility, then they may need to move their cars.They may need to have a lot of things outside that go with their business. So, my concerns are the way it looks is going to affect my property value. It is also going to affect rentals when I'm trying to rent my units, and if they come and they see that it isn't kept up nice, and I'm not saying it won't, but it hasn't been under the old owner. So, if we could maintain the level of quality. If we could be assured that they are going to keep the outside, not looking like a junkyard, eventually, then we know we would go for it. And if they would do something about the noise level, which is going to affect all of us. Jeff Hodgson: Ms. Palmer, for reference, could you use the pointer, the little pointer right in front of you, could you point at your property just for reference? Emilie Palmer: Okay. I brought a picture of it. This is my building right here. Jeff Hodgson: Okay. Emilie Palmer: Now, this wall, and this wall, these two walls right there, there is about 21 feet between them. And, their property line is about four feet on the outside of these dock doors that you can't see on this building. So, we share this driveway, as you come in. There is that pumping station here, and you could potentially park cars here, and if you do park cars here, then what is going to happen is to get into the property, as an access, they are going to be on our property to get into this building. There are two accesses. The one that we share, and the one they have directly. So, we're just a little company, family, four or five people. That's it. We have been in business since 1979, and I'm really good to my neighbors. I help the people across the street whenever I can, and I'm just concerned about the effect that this type of business is going to have on our property. Jeff Hodgson:Thank you. Does anyone have any questions for Ms. Palmer? David Weiner: I do. Jeff Hodgson: Go ahead Dave. Item#3 C.P. Marine & Diesel Services, Inc. Page 3 David Weiner: What type of business do you have? What is your business? Emilie Palmer: It is a sales company, so we're on the phone talking to customers. David Weiner: Right. 8 to 5 normally? Emilie Palmer: Yes. 8 to 5. David Weiner: What about the rest of the businesses in there? Emilie Palmer:They make E-cigarette flavors. David Weiner: I was just getting timeframes. Are they there during the day all the time? Emilie Palmer: During the day. David Weiner: Okay. Emilie Palmer: And on Saturday. David Weiner: And on Saturday. Okay. We took a ride over there, and we actually drove by there, and I know one of your concerns is the roll-up the doors on the side facing your building, because they can't drive a truck in there. There is not enough room for them to drive into that. That is why they are planning on putting a door in the front. But, so your concern is that door being left open? Emilie Palmer: Well, it is a nice day. It gets hot inside, and you want to run your air conditioner, like we do. We try to conserve. We open up our doors. They are going to open up their doors. We've seen three different tenants in that building since we've been there.They all open up the doors and there has never been any noise. So, it hasn't affected us. We try to be good neighbors. David Weiner: What was there before? Emilie Palmer: Kevin, what did they do? Kevin from audience: Medical kits. Emilie Palmer: They did medical kits. David Weiner: Okay. Emilie Palmer: And before that, it was some kind of warehouse with stocking products. Item#3 C.P. Marine & Diesel Services, Inc. Page 4 Jeff Hodgson: Mr. Ripley, I believe you have a question. Ronald Ripley: Did you have an opportunity to read the application? Emilie Palmer: I did. Ronald Ripley: Did you see the item 6? Emilie Palmer: I did read that, and it says about parking on the other side. Ronald Ripley: It says all repair work shall be conducted inside the building. No outside storage or vehicles in a state of obvious disrepair shall be permitted. If vehicles in that condition require storage, then such vehicle shall be stored within the building. So, the staff shared your concern, and if this is approved here, and goes to Council and is approved, then if these conditions are not adhered to, then, you need to contact the City, and the City will make sure that this occurs. Emilie Palmer: I brought along with me this Protective Provisions and Covenants with the Airport Industrial Park. And on page one, number one, it says "no operation shall be established or maintained on said property which produces objectionable smoke, dust, noise, vibration or creates a nuisance." So my concern, in addition to unsightliness, which may or may not happen, is the noise, only because it is not a solid wall. As someone says, there are dock doors there. You know they don't keep in any noise. There is no insulation. And, I know there • is a lot of activity that goes on when you have an automobile mechanic facility. Jeff Hodgson: Are there any more questions of Ms. Palmer? Mike Inman: Have you ever sought to enforce those restrictions? Have others in the park? Emilie Palmer: We haven't needed too. If it doesn't affect my little business, where we work, or my tenants in my building, then, if they want to make a mess behind their building, it is their business. Mike Inman: Do you understand that it is your right to enforce those restrictions as a property owner in the park? Emilie Palmer: I do, but I wouldn't do that. But,Thurston and Air Rail are the two main streets in that park. Everybody comes in and UPS is down the street. So, it is important that we maintain the quality that we have, and it is old. So, we do the best that we can. Jeff Hodgson: Any other questions for Ms. Palmer? Thank you. You may be seated. Emilie Palmer: You're welcome. Item#3 C.P. Marine& Diesel Services, Inc. Page 5 Jeff Hodgson: Mr. Ripley, do we have any other speakers? Ronald Ripley: No, that is all the speakers that we have. Jeff Hodgson: Would the applicant like a chance for rebuttal? Patrick Mumey: Yes. Thank you very much. Ed Weeden: State your name again for the record? Patrick Mumey: I apologize. I'm Patrick Mumey with Thalhimer Commercial Real Estate. Currently, this is a family business too. There is a father, mother, and son, and they have actually been in the park for 21 years,just two blocks away,just down Thurston Avenue. They are in 3,000 foot units. They had 3,000 foot neighbors, on each side of them.They never had a noise problem or a noise complaint. It is a single building, that they are in right now. It is about a 21,000 square foot building with seven tenants in that building and there is about a 40-foot road behind them, and that is how they get in and out, and they have been able to do it, again, without other than the normal congestion problems. All the work is done inside. Right now, the side door on the back is.actually unusable. The other one is probably 10-feet between the back door and their building. It really can't even be used to go in and out of. The other one is completely dry-walled over currently. Now, sometime they may open it up, but it is fully dry- walled over, and the door is not even used. That is the one that is closest to the office. Again, they have been renting for 21 years in the Park. They have a successful business. They now want to own their own property, and that is why they are buying this building. I've gone over to their building unannounced, many times. The building is immaculate. There are no oil stains, the floors are perfect. I even provided some of those photos to the City to show how well they take care of their facility. So, they intend to take pride in their own building, which will be their own, and they will maintain it long term; so, it won't create any kind of nuisance for the people next door. Again, I thank you for your consideration. Jeff Hodgson: Are there any questions? Karen Kwasny: Can I ask a question? Jeff Hodgson: Yes Karen. Karen Kwasny: I was not able to be on the tour when they came out to see this site. So, I am just asking questions in relation to what's on the building. So, one of those doors is already dry- walled? Patrick Mumey: Yes, the door on this side is dry walled over. Now, at some time in the future, they may open it up again but it hasn't been used. Item#3 C.P. Marine& Diesel Services, Inc. Page 6 Karen Kwasny: What is the second used for? Patrick Mumey: The second door, and it may have been there before that building was put there years back, it is just a door to go in and out of. Karen Kwasny: And there are none on the back of the building? Patrick Mumey: There are none on the back of the building. Karen Kwasney: Alright. Thank you. Patrick Mumey: There is a storage yard on the back of the building also. If they have outside storage for anything, it could be placed there rather than anywhere around the building where it is visible. Karen Kwasny: Okay. Jeff Hodgson: Are there any other questions? Thank you. Patrick Mumey:Thank you very much. Jeff Hodgson: We will now close the public hearing and open it for discussion amongst the Commissioners. Would anybody like to start? Ronald Ripley: I was going to ask the question if they had any complaints, and the applicant's representative, I think certainly answered it, and it sounds like he's had his business there for some time, buying this building. He understands the neighborhood, and he's obviously residing there today, and is not setting a precedent and is very mindful of what the opposition had to say, Ms. Palmer, but I think there are conditions in this application to keep that under control if that becomes a problem; so, I think it was consented and it ought to receive approval. Jeff Hodgson: Is there anybody else? Would anyone like to make a motion? Mike Inman: I move that the application be approved with the conditions set forth in the report. Ronald Ripley: I'll second it. Jeff Hodgson: A motion made by Commissioner Inman and seconded by Commissioner Ripley. Mr. Weeden, we are ready to vote. Bob Thornton: Ed, I need to abstain from this. I don't have any personal interest in it, but my company is representing one of the parties; so, I'm going to not vote. Item#3 C.P. Marine& Diesel Services, Inc. Page 7 Jeff Hodgson:Thank you. Ed Weeden: Mr.Thornton, you could hit the yellow. Bob Thornton: Okay, sorry. AYE 8 NAY 0 ABS 1 ABSENT 2 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON ABS WAL AYE WEINER AYE Ed Weeden: By a vote of 8-0-1, with one abstention, the Commission has approved the application of C.P. Marine & Diesel Services, Inc. S,. SIMS, Bv�OUB[ �ON, A' I- LJ-, 1 1 f 1 PC • ATTORNBYO AND COUNOl1LOR0 AT LAW PEMBROKE OFFICE PARK-BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR, FIFTH FLOOR JAMES T. CROMWELL VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE: 757-499-8971 KIRK B. LEVY FACSIMILE: 757-456-5445 MICHAEL J. LEVY' June 24,2015 HOWARD R. SYKES, JR. LEONARD C.TENOCO •Acnnined in Virginia®,d Vnialtnixon DC Via Email: rhfraserCa)vbgov.com . Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of BT Holdings III, LLC and Paul S. Brown Family, L.L.C. (Companion Applications) for Change of Zoning District Classification from ACT-_-1 & AG-2 to Conditional I-i along with a Conditional Use Permit Application for Bulk Storage Yard on a 28.74 acre portion of Parcel B, Resubdivision of The Taylor Farms,for BT Holdings III, LLC(GPIN: 2405-63-1630);City Council public hearing date scheduled for July 7,2015 Dear Ms. Fraser: As a follow up to my earlier correspondence and my subsequent phone conferences with Councilwoman Henley and yourself, this shall confirm my clients' requests to indefinitely defer the companion applications as referenced above. Unless something unforeseen occurs, these applications should be scheduled on the August 4, 2015 City Council agenda, As always,thank you for your courtesy and professionalism. With best regards, I am . -r t 4 ,, _ _-_,,_::,..:, and Boor ,'ir• RFBjr/arhm - cc: The Honorable William D.Sessoms,Jr. Vice Mayor Louis Jones City Councilwoman Barbara Henley Members of the City Council Jack Whitney,Director,Department of Planning Stephen J.White,Department of Planning B,Kay Wilson,Associate City Attorney . Barbara T.Creech,BT Holdings III,LLC Robert 5.Miller,IU,MBA,P.G. H;\AM\Conditional Rezoning\BT Holdings III\Fraserjtr 6-2445,2.doc 1; .fi, SYKS. B® ON / \ L. MEDI & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK-BUILDING ONE JON M, AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR, FIFTH FLOOR • JAMES T. CROMWELL VIRGINIA BEACH,VIRGINIA 23482-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE: 757-499-8971 KIRK B. LEVY FACSIMILE: 767-458-5445 MICHAEL J.June 24, 2015 HOWARD R. SYKES. R• LEONARD C, TENGCO *Admitted in VdsInta end Wee tbcon DC Via Email: rhfraserOvbgov,com Ruth Hodges Fraser, City Clerk Office of the City Clerk • City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Applications of BT Holdings III, LLC and Paul S. Brown Family, L.L.C. (Companion Applications) for Change of Zoning District Classification from AG-1 & AG-2 to Conditional I-i along with a Conditional Use Permit Application for Bulk Storage Yard on a 26.74 acre portion of Parcel B, Resubdivision of The Taylor Farms,for BT Holdings UI, LLC(GPIN: 2405-63-1630);City Council public hearing date scheduled for July 7,2015 • Dear Ms, Fraser: On behalf of the afore referenced applicant, BT Holdings III, LLC (and the companion application for Paul S. Brown Family, L.L,C.), I respectfully request that these companion applications be deferred one week from the scheduled July 7, 2015 public hearing to July 14, 2015 so as to permit the Ms. Barbara Creech, the principal of BT Holdings III, LLC to be present and available at the City Council's public hearing on this item. Subsequent to the Planning Commission public hearing_ in May, I had informally asked as to when these items would be scheduled and it had been indicated to me that they would be scheduled for July 14, 2015. The purpose for my inquiry was that I had been advised by my client that she would be out of the state the first week in July and desired to be present for the public hearing. Upon learning that this matter had been set for July 7, 2015, I contacted my client and she again expressed a strong desire to be present for the public hearing, I have left a voicemail message for Councilwoman Henley explaining the need for this deferral and will await word from her as to the date that she desires to have the matter deferred to, • i SYzi s, $OURDON, 3_i___ AWRN&LEVY,P.0 Ruth Hodges Fraser,City Clerk June 24,2015 Page 2 With kind regards, I am �►_--_ ours, f eal -W and Bourdon,Jr. RBBjr/arhm cc: The Honorable William D.Sessoms,Jr. • Vice Mayor Louis Jones City Councilwoman Barbara Henley Members of the City Council Jack Whitney,Director,Department of Planning Stephen J.White,Department of Planning B.Kay Wilson,Associate City Attorney Barbara T.Creech,BT Holdings III,LLC Robert S.Miller,Im,MSA,P.C. • H;\AM\Conditional Rezoning\BT Holdings III\Fraser_Ltr 6-24-15.doc • • • • ll -0 ci) c.) 1 „9. L_o >1..' *4 4 \ _• . m.4 1.4 . 14. , � ` � � — N :6110it if o'\ . --,, .. en e t. ti � p� y� ,. co CA ��, 4ai � I , . e . * ..tt • :1 le .7 / N Ui N(4 CA LI; o ,.' T R I • U I CO voi . CCI lin N ♦ ' f. - ++ N N �i:;14 rp,o g + c� o OC o n \,0' .- �_ Q N co LI \\ I cit Q - \ oE A ____Imileli ' / . A IP iN)N. iiih%, 1\ r9 Q. n - — N.J.:,-..,: I rt Zki." .;,' r , " _ .. _ , ,,,, , ...... ,,.., (2. . , __, ,,, .... „ ,, , re co toi z C �- • r m • Z d co ce f ft �/ a 9 u) 0 trioH Wc� g313 ,4 __. -0-- 0 ~ o Cr r cam' Ems' CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (A) PAUL S. BROWN FAMILY, LLC (Applicant & Owner), Change of Zoning (R-20 Residential District to I-1 Industrial District). Area to be rezoned consists of a 30-foot wide strip that runs parallel to the southeast lot line of GPIN 2405332394 for a distance of approximately 800 feet. Proposed Use — Access roadway to Bulk Storage Yard. Comprehensive Plan — Special Economic Growth Area 3 — South Oceana. COUNCIL DISTRICT— PRINCESS ANNE. (B) BT HOLDINGS III, LLC (Applicant & Owner), Conditional Change of • Zoning (AG-1 & AG-2 Agricultural to Conditional I-1 Industrial). Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). Conditional Use Permit (Bulk Storage Yard). Southeast corner of Harpers Road & Dam Neck Road (part of GPIN 2405631630). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 7, 2015 ■ Background: BT Holdings III, LLC is requesting a Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District, in conjunction with a Use Permit for a Bulk Storage Yard. The zoning change is necessary, as Bulk Storage Yards are prohibited in the AG-1 and AG-2 Districts. The applicant intends to use 28.74 acres of a 162-acre parcel for the storage yard. The residual lot will remain zoned AG-1. Paul S. Brown Family, LLC is requesting a Change of Zoning for a 30-foot wide strip, currently zoned R-20 Residential, to I-1 Industrial. The strip will contain a drive that will run along the eastern lot line of the Brown Family's parcel until intersecting with Castleton Commerce Parkway. • Considerations: The applicant's representative submitted a letter to the City Clerk on June 24, 2015, requesting a deferral of the application due to the applicant being away from the state during the first week of July. Based on subsequent discussion between the applicant's representative, the City Clerk, and the Princess Anne District representative, an indefinite deferral of these applications is requested. The intent, however, is to advertise the items for the August 4 City Council meeting. PAUL S. BROWN FAMILY, LLC AND B.T. HOLDINGS III, LLC Page 2 of 2 • Recommendations: Indefinite Deferral of the applications. • Attachments: Letters from Applicant's Representative To City Clerk requesting deferral Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department k . City Manager: Virginia Beach """ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform Public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). Q" APPLICANT NOTIFIED OF HEARING DATE: 0). NO CHANGES AS OF DATE: QE REVISIONS SUBMITTED DATE: Virginia'Beach other unincorporated organization, AND THEN, complete the following (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Paul S. Brown Family, LLC: R. Edward Bourdon, Jr, Manager; Paul S. Bourdon, Manager; Howard R. Sykes, Jr., Trustee of the Betty B. Bourdon Trust (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. - • V tinia-Beach1 � "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of �' your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser X and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ri Construction Contractors f Engineers / Surveyors MSA, P.C. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. , AB -'., Virginia Beach :-- Financing (include current -,.- ----- mortgage holders and lenders X' selected or being considered to provide financing for acquisition or construction of the property) X1 : Legal Services Sykes, Bourdon,Ahern & Levy, P.C. Real Estate Brokers / Agents for nX current and anticipated future sales of the subject property o SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development XI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or mee_•• a. public body or committee in connection with this Application. R. Edward Bourdon, Jr., Manager 57j2/45-- iYl, ANT'S SIGNATURE PRINT NAME DATE 5/05/15 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ibm..A01Q:i.n Viropia Beach DISCLOSURE STATEMENT FORM ' The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of • by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform Public officials who may vote on the application as to whether . they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0t APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: I 01. REVISIONS SUBMITTED DATE: Viiginia Beach� M~ other unincorporated organization, AND THEN, complete the following- "a �� (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) BT Holdings Ill, LLC: Barbara T. Creech, Managing Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • Vrg -iia Beach ky�r� 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 — SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of _- your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) nConstruction Contractors XiEngineers / Surveyors MSA, P.C. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. .= f-- .4; ;'• - _ V1I'glnia Beach''.���_n Financing (include current mortgage holders and lenders ` selected or being considered to 0 provide financing for acquisition • or construction of the property) F Ec Legal Services Sykes, Bourdon, Ahern & Levy,PC Real Estate Brokers / Agents for ` ,' current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE , YES NO Does an official or employee of the City of Virginia Beach have ,--,/ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee:and what is the nature of the interest? CERTIFICATION: - I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification ,that the - application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission,:, Council, VBDA meeting, or meeting of any public body or-committee in connection with this Application. bora-I_ Cr_e_fJ1 sE 1 PPLICANT'S SIGNATURE PRINT NAME DA cc rloci r=ct-' Cre ec1h s/6/ l 5 PROPERTY OWNER'S SIGNATURE PRINT NAME DE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a'conflict. of interest under Virginia law. . 1 �844 fir ev';`...,,,.",,616,40‘,. i.s,.u � d i�rt1rv t.."2.:.yTV ; � ' �� �v � ... 4F 3 x ' .vs- � wE N75- A . , jS¢x � > E' 4 - .vY !kt ' i e .#": , t,n kc.hf k;s;,_ .em tw ;. 5v:,4ext„i 1.7,„-&:-,1,,.,.204,0," ,, 6A. .; - � z 1 � -...„._, :,„k,;,4.,;,10-a.,,. ' + , .> y slar:: p =r 54 ` 1. ,1 , ,k _ „ ` 0�, t N e ;; ✓;,„ ,-Vri t " , s,1,,t,,mf-4,:. :.1-:'"I:9 '-:"I: x..) y,',, rC+;: z t- v; 7. * 't • t �1E} S -va -w i t„: .r: "` r -4,N 4 - t k"4a: Sngr, - a? k3,A,i a1 14 � � � ' • K } �, . fi ' d et , /L �r �= rvi.---a,[4,-:t 74iAata cj 4,›p : �wss .�� hrt '. « �; � ;"«s*�+53ka� i G5 �4y 0 .w � - � . � ' . Bt i .P dr � i VirCginiaah fi.. ,' c . rra.t ` ' . w;•u7, ,«y,,,^ro"„Y -,:e. 9 .„ , = Ply y #eik Sa v ,S 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 relationshi p;; 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. , , , , , .' 4t: 07 } SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) F.. Accounting and/or preparer of ', r.�A: 44your tax return • , • - ;. Di ii Architect/ Landscape Architect/ , " ,„ x#' Land Planner • Contract Purchaser (if other than - ' R the Applicant) -identify purchaser • ' "'' and purchaser's service providers ' Any other pending'or proposed = 4: purchaser of the subject property ' E (identify purchaser(s) and - ,. • - purchaser's service Providers) • - - - . Q >`4' Construction Contractors E k' Engineers/ Surveyors • The disclosures contained in-this form are necessary to inform public :: .. , , Page 3 of•4 officials who may vote/on the.application'as to whether they have a•conflict = of interest under Virginia law. . Fulfft: F s.'-k- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1700 of the City Zoning Ordinance to Reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines. MEETING DATE: July 7, 2015 • Background: • Planning efforts for the Shore Drive Corridor, also referred to as the Bayfront Area, began in 1997 with an intensive week-long effort by a team of experts provided by the Urban Land Institute (ULI). The recommendations from that work led to the adoption in 2000 of the Shore Drive Corridor Plan, and two years later, the Shore Drive Corridor Design Guidelines. Both the Plan and the Design Guidelines were adopted, and remain adopted, by reference, as part of the Comprehensive Plan. • Considerations: The Bayfront Advisory Commission has requested that references to the Shore Drive Corridor Plan and Shore Drive Corridor Design Guidelines be inserted into the legislative intent section of the Shore Drive Corridor (SD) Overlay District, Article 17 of the City Zoning Ordinance. While the two documents have been used by staff and developers as guidance, the documents have never been specifically referenced in the Zoning Ordinance. There was no opposition to the proposed amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend adoption of the amendment to the City Council. • Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department XXXXXX Page 2of2 City Manager: k • Item #10 City of Virginia Beach An Ordinance to Amend Section 1700 of the City Zoning Ordinance to Reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines May 13, 2015 CONSENT The Bayfront Advisory Commission has requested a reference to the Shore Drive Corridor Plan and Shore Drive Corridor Design Guidelines in the Shore Drive Corridor Overlay District ordinance to assist staff and developers who are constructing in the area.The proposed amendment inserts that reference into the 'Legislative Intent' section of the Shore Drive Overlay Ordinance (Article 17 of the Zoning Ordinance). A motion was made by Commissioner Thornton and seconded by Commissioner Inman to approve item 10. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WALL ABSENT WEINER AYE By a vote of 9-0, the Commission approved item 10 by consent. Stephen White appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 1700 OF 2 THE CITY ZONING ORDINANCE TO 3 REFERENCE THE SHORE DRIVE CORRIDOR 4 PLAN AND THE SHORE DRIVE CORRIDOR 5 DESIGN GUIDELINES 6 7 Section Amended: City Zoning Ordinance § 1700 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1700 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 17. THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT 19 20 Sec. 1700. Legislative intent. 21 22 The Shore Drive Corridor corridor is not only one of the primary routes of access 23 to the city's oceanfront resort area, but is also the location of First Landing/Seashore 24 State Park, the site of the historic first landing of the Jamestown colonists in 1607, Joint 25 Expeditionary Base Little Creek-Fort Story, beaches on the Chesapeake Bay, and many 26 stable and attractive residential communities. As such, its appearance is vital to the city. 27 The purpose of the Shore Drive Corridor Overlay District is to enhance the appearance 28 of the:area encompassed by the District and to preserve its vitality as an important 29 gateway to the city. The Shore Drive Corridor Plan and Shore Drive Corridor Design 30 Guidelines are provided for this District, the purpose of which is to encourage 31 development that is appropriate to the District. 32 33 COMMENT 34 35 The Bayfront Advisory Commission has requested a reference to the Shore Drive Corridor 36 Plan and Shore Drive Corridor Design Guidelines in the Shore Drive Corridor Overlay District 37 ordinance to assist staff and developers who are constructing in the area. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO _ ONTENT: APPROVED AS TO LEGAL SUF'ICIENCY: • A60(160( r illSkTIMMVRAIffi Planninl Department City Attorney's Office CA13272 / R-4/March 3, 40: 'y, . [ ro f� x � Sj i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend City Zoning Ordinance Sections 111, 209.1, and 401, Defining "Farm Distillery," setting forth General Requirements for the Use and Allowing the Use as a Principal Use in the AG-1 and AG-2 Agricultural Districts. MEETING DATE: July 7, 2015 • Background: The proposed amendments to the Zoning Ordinance are a result of the passage by the General Assembly during its 2015 session of Senate Bill 1272, which created a 'limited distiller's license' for distilleries that manufacture no more than 36,000 gallons of spirits per calendar year and are located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such distillery or its owner. The proposed amendment will ensure consistency between the City Zoning Ordinance and this new provision of the Code of Virginia. • Considerations: The following summarizes the pertinent provisions of the amendment. Section 111 Adds Farm Distillery and defines it as follows: A distillery that manufactures not more than thirty-six thousand (36,000) gallons of alcoholic beverages other than wine or beer per calendar year, and (i) is located on a farm owned or leased by such distillery or its owner; and (ii) in which all agricultural products used by such distillery in the manufacture of its alcoholic beverages are grown on the farm. The definition largely follows the language of Virginia Code Section 4.1-206(2), describing "limited distiller's license," the type of license required for Farm Distilleries by the Alcoholic Beverage Control (ABC) Board. Section 209.1 Adds Farm Distilleries to Farm Wineries and Farm Breweries as uses regulated under this section of the Zoning Ordinance. Specifically, a new subsection (e) is added, providing specific regulations pertaining to the activities allowed at a Farm Distillery (consistent with the establishment's ABC license). CITY OF VIRGINIA BEACH —AMENDMENT PERTAINING TO FARM DISTILLERIES Page 2 of 2 Section 401 Establishes Farm Distilleries as a principal use in the AG-1 and AG-2 Agricultural Districts, subject to the provisions of the new Section 209.1. There was no opposition to the amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend adoption of this amendment. ■ Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , L, ;' Item#13 City of Virginia Beach—Farm Distilleries An Ordinance to Amend City Zoning Ordinance Sections 111, 209.1, and 401, Defining "Farm Distillery," setting forth General Requirements for the Use and Allowing the Use as a Principal Use in the AG-1 and AG-2 Agricultural Districts June 10, 2015 CONSENT Section 209.1 Adds Farm Distilleries to Farm Wineries and Farm Breweries as uses regulated under this section of the Zoning Ordinance. Specifically, a new subsection (e) is added, providing specific regulations pertaining to the activities allowed at a Farm Distillery (consistent with the establishment's ABC license). Section 401 Establishes Farm Distilleries as a principal use in the AG-1 and AG-2 Agricultural Districts, subject to the provisions of the new Section 209.1. A motion was made by Commissioner Thornton and seconded by Commissioner Brockwell to approve item 13. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE • RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 13. Bill Macali appeared before the Commission. 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 2 SECTIONS 111, 209.1 AND 401, DEFINING "FARM 3 DISTILLERY," SETTING FORTH GENERAL REQUIREMENTS 4 FOR THE USE AND ALLOWING THE USE AS A PRINCIPAL 5 USE IN THE AG-1 AND AG-2 AGRICULTURAL DISTRICTS. 6 7 8 Sections Amended: City Zoning Ordinance Sections 111, 209.1 9 and 401 10 • 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 111, 209.1 and 401 of the City Zoning Ordinance, defining the 19 term "farm distillery," setting forth requirements pertaining to the use, and allowing farm 20 distilleries as a principal use in the AG-1 and AG-2 Agricultural Districts, are hereby 21 amended, to read as follows: 22 23 ARTICLE 1. GENERAL PROVISIONS 24 25 Sec. 111. Definitions. 26 . . . . 27 28 Farm distillery. A distillery that manufactures not more than thirty-six thousand 29 (36,000) gallons of alcoholic beverages other than wine or beer per calendar year. and 30 (i) is located on a farm owned or leased by such distillery or its owner; and (ii) in which 31 all agricultural products used by such distillery in the manufacture of its alcoholic 32 beverages are grown on the farm. • 33 34 COMMENT 35 36 The section defines the term "farm distillery." The definition largely follows the language 37 of Virginia Code Section 4.1-206 (2), describing "limited distiller's licenses," the type of ABC 38 license required for farm distilleries. 39 40 . . . . 41 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 42 ALL DISTRICTS 43 44 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 45 PARKING, OFF-STREET LOADING, AND CERTAIN USES 46 . . . . 47 48 Sec. 209.1. Farm wineries,.and farm breweries and farm distilleries. 49 50 (a) Alcoholic Beverage Control Board (ABC) license required. No farm winery, 51 of farm brewery or farm distillery shall be operated unless it is properly licensed as-sash 52 by the Virginia Alcoholic Beverage Control Board pursuant to the applicable provisions 53 of the Virginia Alcoholic Beverage Control Act. 54 55 (b) Lot area. The minimum lot area for farm wineries, and farm breweries and 56 farm distilleries shall be two (2) acres, the entirety of which shall be in the agricultural 57 AG-1 or AG-2 Agricultural district District. No farm winery, OF farm brewery or farm 58 distillery shall be located on any lot that is subject to a conditional use permit allowing 59 alternative residential development pursuant to section 405. 60 61 (c) Allowed uses activities at farm wineries. The following uses and activities 62 are permitted at farm wineries, provided that such uses and activities are not 63 inconsistent with an establishment's farm-wine!),ABC license: 64 65 (1) The production and harvesting of fruit and other agricultural 66 products and the manufacturing of wine; 67 68 (2) The on-premises sale, tasting, or consumption of wine or beer 69 during regular business hours within the normal course of business 70 of the farm winery; 71 72 (3) The direct sale and shipment of wine by common carrier to 73 consumers in accordance with applicable provisions of the Virginia 74 Alcoholic Beverage Control Act and regulations of the Virginia 75 Alcoholic Beverage Control Board; 76 77 (4) The sale and shipment of wine to the Virginia Alcoholic Beverage 78 Control Board, licensed wholesalers, and out-of-state purchasers in 79 accordance with applicable provisions of the Virginia Alcoholic 2 80 Beverage Control Act, regulations of the alcoholic beverage control 81 board, and federal law; 82 83 (5) The storage, warehousing, and wholesaling of wine in accordance 84 with the Virginia Alcoholic Beverage Control Act, regulations of the 85 Virginia Alcoholic Beverage Control Board, and federal law; and 86 87 (6) The sale of wine-related items that are incidental to the sale of 88 wine. 89 90 (d) Allowed uses activities at farm breweries. The following uses and activities 91 are permitted at farm breweries, provided that such uses and activities are not 92 inconsistent with an establishment's ABC license: 93 94 (1) The on-premises sale, tasting, or consumption of beer during 95 regular business hours within the normal course of business of 96 such licensed brewery; 97 98 (2) The direct sale and shipment of beer in accordance with applicable 99 provisions of the Virginia Alcoholic Beverage Control Act and 100 regulations of the Alcoholic Beverage Control Board; 101 102 (3) The sale and shipment of beer to licensed wholesalers and out-of- 103 state purchasers in accordance with applicable provisions of the 104 Virginia Alcoholic Beverage Control Act, regulations of the Alcoholic 105 Beverage Control Board, and federal law; 106 107 (4) The storage and warehousing of beer in accordance with applicable 108 provisions of the Virginia Alcoholic Beverage Control Act, 109 regulations of the Alcoholic Beverage Control Board, and federal 110 law; and 111 112 (5) The sale of beer-related items that are incidental to the sale of 113 beer. 114 115 (e) Allowed activities at farm distilleries. The following activities are permitted 116 at farm distilleries, provided that such activities are not inconsistent with an 117 establishment's ABC license: 118 3 119 (1) The production and harvesting of agricultural products and the 120 manufacturing of alcoholic beverages other than wine or beer; 121 122 (2) The on-premises sale, tasting, or consumption of alcoholic 123 beverages other than wine or beer during regular business hours in 124 accordance with a contract between a distillery and the Alcoholic 125 Beverage Control Board pursuant to the provisions of subsection D 126 of section 4.1-119 of the Virginia Code; 127 128 (3) The sale and shipment of alcoholic beverages other than wine or 129 beer to licensed wholesalers and out-of-state purchasers in 130 accordance with applicable provisions of the Alcoholic Beverage 131 Control Act, regulations of the Alcoholic Beverage Control Board, 132 and federal law; 133 134 (4) The storage and warehousing of alcoholic beverages other than 135 wine or beer in accordance with applicable provisions of the 136 Alcoholic Beverage Control Act, regulations of the Alcoholic 137 Beverage Control Board, and federal law; and 138 139 (5) The sale of items related to alcoholic beverages other than wine or 140 beer that are incidental to the sale of such alcoholic beverages. 141 142 (e)LO Special events. Special events shall be permitted up to six (6) times per 143 year. For purposes of this section, a special event is an event conducted at a farm 144 winery,of farm brewery or farm distillery on a single day for which attendance is allowed 145 only by invitation or reservation and whose participants do not exceed fifty (50) people. 146 Special events include, but are not limited to, meetings, conferences, banquets, dinners 147 and other events held for the purpose of marketing wine or beer or at which 148 consideration is received by the farm winery or its agents. Special events do not include 149 private personal gatherings held by the owner of a licensed farm winery, of farm 150 brewery or farm distillery who resides at the farm winery, or farm brewery or farm 151 distillery or on property adjacent thereto that is owned or controlled by such owner at 152 which gatherings spirits, wine or beer is not sold or marketed and for which no 153 consideration is received by the farm winery, of farm brewery or farm distillery or its 154 agents. 155 156 The city council may, by conditional use permit, authorize the number of special events 157 per year to exceed six (6) or the number of allowed participants to exceed fifty (50), or 158 both. 4 159 160 (e) (q) No kitchen permitted by the health department as a commercial kitchen 161 shall be allowed in conjunction with a farm winery, of farm brewery or farm distillery. 162 Such kitchens may be used by licensed caterers for the handling, warming and 163 distribution of food, but not for cooking food, to be served at such special events or 164 festival. 165 166 (1)- (h) Outdoor amplified music shall be prohibited. 167 168 169 170 COMMENT 171 172 The amendments in new subsection (e) set forth the allowed activities at farm distilleries. 173 Other amendments are technical in nature and have no substantive effect. 174 175 ARTICLE 4. AGRICULTURAL DISTRICTS 176 177 . . . . 178 179 Sec. 401. Use regulations. 180 181 (a) Principal and conditional uses. The following chart lists those uses 182 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures 183 in the respective agricultural districts shall be permitted as either principal uses 184 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 185 indicated by an "X" shall be prohibited in the respective districts. No uses or 186 structures other than as specified shall be permitted. 187 188 Use AG-1 AG-2 189 190 . . . . 191 192 Family care homes, foster homes or group homes C C 193 194 Farm wineries,and farm breweries and farm 195 distilleries, subject to the provisions of section 209.1 P P 196 197 Fiber-optics transmission facilities C C 198 5 • 199 . . . . 200 COMMENT 201 202 The amendments establish farm distilleries as a principal use in the AG-1 and AG-2 203 Agricultural Districts,subject to the provisions of Section 209.1. 204 205 206 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 207 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • JA 4 - PI nn°• : -partment City Attorney's Office CA-13312 R-1 May 5, 2015 6 L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD —CSB DEVELOPMENT AUTHORITY INVESTIGATIVE REVIEW PANEL PARKS and RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA MUSEUM OF CONTEMPORARY ART—TRUSTEES *****xxxxxxx*xxxxx*xxxx**** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *** w X X X x*W X x x X x X X X x x x x W X X X X X X X x x X ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 7/7/15 st 0. ADJOURNMENT ******wwwwwwx W W W C W W W W W PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ...*x*************x************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 7/7/15 st CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 06/16/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND I/11/II1 CLOSED SESSION CERTIFIED 9-0 Y Y Y Y Y Y Y A Y A Y /I V-E F MINUTES APPROVED 9-0 Y Y Y Y Y Y Y A Y A Y June 2,2015 H. MAYOR'S PRESENTATION Michael Kalvort, PARKS/REC MONTH-JULY 2015 Director OF Parks and Recreation G/H-1 PUBLIC HEARINGS: 1. LEASES OF CITY-OWNED NO SPEAKERS a.616 North Great Neck Road 2.Proposed Property Tax Exemptions NO SPEAKERS a. Bellissima,Inc b. Connect with a Wish,Inc c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. J-I 1. Ordinances to DESIGNATE certain ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y real property as TAX EXEMPT: CONSENT a. Bellissima,Inc. b. Connect With a Wish,Inc. c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc 2. Ordinances to AMEND the City Code: ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y CONSENT a. Sec re duties of Historic Preservation Comm b. Sections re permits C. ADD Section re waterway encroachments in Special Service Districts(SSD) 3. Ordinances to AUTHORIZE City ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y Manager to EXECUTE: CONSENT a. Management Agreement with Tidewater Tennis Center,Inc.re Owl Creek Tennis Center b. Lease between T-Mobile/City re telecommunications at 616 North Great Neck Road 4. Ordinance to APPOINT Viewers re ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y proposed streets closures. CONSENT Resolution to RE-NAME 256-258 North 5. Witchduck Road"Human Services ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y Witchduck Annex" CONSENT DISTRICT 4-BAYSIDE CITY OF VIRGINIA BEACH , SUMMARY OF COUNCIL ACTIONS R O D S DATE 06/16/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND 6. Ordinances re City Appointee ADOPTED,BY 8-1 Y Y Y Y Y N Y A Y A Y Compensation City Manager CONSENT a. City Attorney b. City Clerk c. City Real Estate Assessor d. City Auditor 7. Ordinances to AMEND: ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y a. FY 2014-15 Operating Budget re CONSENT Housing/Neighborhood Preservation 1. $145,088-TRANSFER of CDBG funds 2. $ 25,402—REDUCE CDBG re revenue 3. $100,000—CORRECT appropriation re"program income"to"federal revenue" b. EXPAND"Commonwealth's ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y Attorney Build-Out of Judicial CONSENT Center"/TRANSFER $102,291 to complete renovations 8. Ordinances to ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y ACCEPT/APPROPRIATE re CONSENT Human Services: a. $1,791 FY 2015 Grant Funds VA of Criminal Justice Services b. $100,730 in State revenue/$18,744 local match re additional positions A K.1 MCQ BUILDERS,LLC and B.H. DENIED 5-3 N Y Y N Y Y A Y A N VINELAND,LLC Change in Non- Conformity at 1046/1050 Old Dam Neck A Road and 1037 Dam Neck Road I DISTRICT 7—PRINCESS ANNE N 2 CHECKERED FLAG STORE#5/ APPROVED/ 9-0 Y Y Y Y Y Y Y A Y A Y CHECKERED FLAG MOTOR CAR AS PROFFERED/ COMPANY Modification of Proffers/ CONDITIONED,BY Conditions re addition to the existing CONSENT building at 5225 Virginia Beach Boulevard DISTRICT 2—KEi1IPSVILLE 3 RIO LYNNHAVEN,LLC/ APPROVED/AS 9-0 Y Y Y Y Y Y Y A Y A Y LYNNHAVEN INVESTMENTS,LLC CONDITIONED,BY Modification of Conditions re a car CONSENT wash at 1108 Lynnhaven Parkway DISTRICT 3—ROSE HALL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 06/16/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R YS E S DS NND 4 KINGS GRANT BAPTIST CHURCH APPROVED/AS 9-0 Y Y Y Y Y Y Y A Y A Y CUP re open air market at 873 Little CONDITIONED,BY Neck Road CONSENT DISTRICT 5—LYNNHAVEN 5 GREYSTAR GP II,LLC/THE TERRY APPROVED/AS 9-0 Y Y Y Y Y Y Y A Y A Y COi•IPANIES FIVE,LLC CUP re CONDITIONED,BY housing for seniors/disabled persons CONSENT between Shore Drive/Ocean Shore Avenue Cherry Tree Place DISTRICT 5-LYNNHAVEN 6 CITY ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y A Y a.REFERENCE Green Sea Blueway and CONSENT Greenway Management b. AMEND CZO to ALLOW ADOPTED,BY 9-0 Y Y Y Y Y N Y A Y A Y Veterinary establishments in Office CONSENT Districts L. APPOINTMENTS RESCHEDULED B Y CONS ENS U S CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD— CSB PERSONNEL BOARD PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Brian A.Kirwin ARTS and HUMANITIES Reappointed- 4 year 9-0 Y Y Y Y Y Y Y A Y A Y COMMISSION term: 07/01/2015- 06/30/2019 BAYFRONT ADVISORY Norman Carrick 9-0 Y Y Y Y Y Y Y A Y A Y COMMISSION Faith Christie Reappointed-3 year term: 07/01/2015- 06/30/2018 BEACHES and WATERWAYS Charles W.Guthrie 9-0 Y Y Y Y Y Y Y A Y A Y ADVISORY COMMISSION Paul Hamaker Christopher I.Jacobs Patricia Keeley Wesly B.Laine Reappointed—3 year term 07/01/2015— 06/30/2018 HUMAN RIGHTS COMMISSION Beatriz Amberman 9-0 Y Y Y Y Y Y Y A Y A Y Sylvia N.Strickland Reappointed- 3 year term 04/01/2015— 03/31/2018 _ CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 • D S DATE 06/16/2015 PAGE: 4 A S- V H S AGENDA E H A E W ITEM I# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W 0 YL N A O O O R S 0 R EE ENS NMI 00 T R YS ES DS NND Mary Mathena Appointed—Unexpired term thru 03/31/2016 plus 3 year term 06/16/2015— 03/31/2019 Brad Martin PROCESS Ii%IPROVEMENT Appointed—No term 9-0 Y Y Y Y Y Y Y A Y A Y STEERING COMMITTEE Dr.Michael G. PUBLIC LIBRARY BOARD Daniels 9-0 Y Y Y Y Y Y Y A Y A Y Appointed— Unexpired term thru 08/31/2017 Dr.Mamie L. Johnson Unexpired term thru 08/31/2015 plus 3 year term 09/01/2015— 08/31/2018 Dr.Michael D. Summers Reappointed 3-year term 09/01/2015— 08/31/2018 Rebecca Chalmers TIDEWATER COMMUNITY Reappointed 4 year 9-0 Y Y Y Y Y Y Y A Y A Y COLLEGE BOARD term 07/01/2015— 06/30/2019 Earnest A.Cooper TOWING ADVISORY BOARD Reappointed 3 year 9-0 Y Y Y Y Y Y Y A Y A Y term 06/01/2015— 05/31/2018 N/O/P ADJOURNMENT 6:52 PM