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HomeMy WebLinkAboutNOVEMBER 17, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.1.41^•BEA„ MAYOR WILLIAM D SESSOMS,JR.,At-Large VICE MAYOR LOUIS R JONES,Bayside-District 4 M.BENJAMIN DAVENPORT At Large ROBERT M.DYER,Centerville-District I U BARBARA M.HENLEY,Princess Anne- District 7 r„ * SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large ;'\;'"`='•',-% AMELIA ROSS-HAMMOND,Kempsville-District 2 4`r 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 CITYAT7.ORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR 1.YNDONS.REMIAS 17 November 2015 E-MAIL:Ctycncl@vbgov.corn CITY CLERK RUTH HODGES FRASER,MMC' MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING - Building 19 - 3:00 PM A. FIVE YEAR FINANCIAL FORECAST Catheryn Whitesell, Director of Management Services Farrell Hanzaker, Chief Financial Officer/Schools II. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. "EVENT HOMES" Bill M. Macali, Deputy City Attorney Karen Lasley, Zoning Administrator- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith, Pastor Victory 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 INFORMAL/FORMAL SESSION November 3 SPECIAL FORMAL SESSION November 9 SPECIAL FORMAL SESSION November 10 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "NATIONAL HOSPICE MONTH" Gentiva® Hospice Becki Sentell, RN, BSN, Hospice Clinical Liaison Jennifer Reese, Executive Director Iris Ibay, Area Director of Sales I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re Biennial License renewal for EMS 2. Resolution to AUTHORIZE an Amendment to the EMS Permit re private ambulance service by Reliance Medical Transport, LLC effective June 30, 2016 3. Resolution to SUPPORT Legislation for Virginia's participation in the Regional Greenhouse Gas Initiative 4. Resolution to AMEND the City/School Revenue Sharing Formula Policy and the Amendment be used in the FY 2016-2017 Operating Budget 5. Resolution to AUTHORIZE the updated GAP Financing Program Policy for evaluation of tourism projects 6. Ordinance to AUTHORIZE the City Manager to PURCHASE oyster leases for Lynnhaven River Basin Ecosystem Restoration Project by Voluntary Agreement 7. Ordinance to APPROPRIATE $460,000 to the Clerk of the Circuit Court for technology needs 8. Resolution to APPOINT Brad C. Hudgins as Assistant City Attorney, effective November 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift DISTRICT 5 —LYNNHAVEN J. PLANNING 1. JAMES O. HERTZ, JR., for a Subdivision Variance for property to the East side of Muddy Creek Road,North of the intersection with Drum Point Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 2. JOHN & RANDI VOGEL / HUNT CLUB FARM and A-1A, LLC / A-2, LLC, for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non-Conforming Use re auto repair/sales at 5059 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. ONPOINT SECURITY ACADEMY, LLC and MADIX ASSOCIATES, LLC, for a Conditional Use Permit re a vocational school at 4604 Westgrove Court DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP., for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. SECOND SHOT, LLC and ALBERT VINCIGUERRA, for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 7. LUXURY AUTO RENTALS & SALES, LLC and MALIBU FLORIDA HOLDING, INC., for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES, for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 9. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Change of Zoning from AG-1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. M & K INVESTMENTS I, LLC, for a Conditional Change of Zoning from B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND the Zoning Ordinance to ESTABLISH the North End Overlay and set forth special regulations for the District b. Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 6—BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 11/17/15 jb 2015 CITY COUNCIL MEETINGS November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informal/Formal Sessions 2015 CITY HOLIDAYS Thursday,November 26 Thanksgiving Day Friday, November 27 Day After Thanksgiving Thursday,December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING - Building 19 - 3:00 PM A. FIVE YEAR FINANCIAL FORECAST Catheryn Whitesell, Director of Management Services Farrell Hanzaker, Chief Financial Officer/Schools rr6\ 1A•BFAc-•l W City of Virpirnia $each N � .1 9� 44, ,E�..s �4' <,5',./ 1:_ A::fita VBgov.com MUNICIPAL CENTER (7OFFICE365-4242 6 -4 THE CITY MANAGER BUILDING 1 FAX 757 2401 COURTHOUSE DRIVE FAX(757)11427-5626 VIRGINIA BEACH,VA 23456-9001 TTY: 711 November 6, 2015 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Five Year Forecast Dear Mayor and Council Members: Management Services has informed me that they will not, despite committed effort, be able to provide the report by today. Several factors led to this: the welcomed, but unanticipated adoption of the Federal Budget and extension of the Federal Debt Ceiling; the need to meet with Schools to verify and understand assumptions regarding school forecast which arrived just last week; and conversations with regional economists which also only occurred last week. Incorporating all of this information has resulted in a rewrite of the report and a re-examination of the projections. They will have the report out by November 13th in your packet.They and the School Staff will be available for presentation of key findings and discussion with you and the School Board members on November 17th. We apologize for not meeting your expectations. Sincerely, Ja e K. Spore City Manager JKS/CRWIjc II II. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. "EVENT HOMES" Bill M. Macali, Deputy City Attorney Karen Lasley, Zoning Administrator- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith, Pastor Victory 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 INFORMAL/FORMAL SESSION November 3 SPECIAL FORMAL SESSION November 9 SPECIAL FORMAL SESSION November 10 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "NATIONAL HOSPICE MONTH" Gentiva® Hospice Becki Sentell, RN, BSN, Hospice Clinical Liaison Jennifer Reese, Executive Director Iris Ibay, Area Director of Sales r�`r"7 Oer` � Gr 1 Y ,Yta 2 PSS of 0 ouR y�v 11 4' rtr xna text Whereas Wospice services provide for an individual's medical and social needs through compassionate care complete with love, comfort and support at the end of fife; 'Whereas: According to the National Ifospice and Palliative Care Organization, hospice agencies provided medical and social needs to more than 1.5 million patients annually; Whereas: 9fospice services ena6fe our community's citizens to receive quality medical and social services in their own home, surrounded 6y family aauf friends; Whereas: 9fospice Services strengthen the family bond and support families as they care for their loved ones at home, lessening caregiver burnout and unnecessary placement in more costly institutional settings;and Whereas: 9fospice Services 6uild upon a strong tradition of care and compassion,striving to keep families together while preserving an individual's independence and dignity in the setting of their choice....home. Now,'Therefore,I, William D.Sessoms,Jr.,9Mtayor of the City of Virginia Beach, Virginia, do hereby proclaim: NOVEW BE1R,2015 NATIONAL HOSPICE iMO N In Virginia Beach, and I calf upon all citizens in Virginia(Beach, to recognize the good work 9fospice Services provides and to support all families in our community who are receiving these services. In Witness Whereof,I have hereunto set my hand and caused the OfficialSeal of the City of Virginia(Beach, 'Virginia, to 6e affixed this Seventeenth day of Novem6er, Two Thousand and Tiftem Plitt 011444seftwmammisnis. 171. r p: • William B!.Sessoms,Jr. y___= 91layor I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re Biennial License renewal for EMS 2. Resolution to AUTHORIZE an Amendment to the EMS Permit re private ambulance service by Reliance Medical Transport, LLC effective June 30, 2016 3. Resolution to SUPPORT Legislation for Virginia's participation in the Regional Greenhouse Gas Initiative 4. Resolution to AMEND the City/School Revenue Sharing Formula Policy and the Amendment be used in the FY 2016-2017 Operating Budget 5. Resolution to AUTHORIZE the updated GAP Financing Program Policy for evaluation of tourism projects 6. Ordinance to AUTHORIZE the City Manager to PURCHASE oyster leases for Lynnhaven River Basin Ecosystem Restoration Project by Voluntary Agreement 7. Ordinance to APPROPRIATE $460,000 to the Clerk of the Circuit Court for technology needs 8. Resolution to APPOINT Brad C. Hudgins as Assistant City Attorney, effective November 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift DISTRICT 5 —LYNNHAVEN I \ Zy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections of the EMS Codes, namely, 2-4, 6-116, 10.5- 2, 21-220, 23-7, 35-284 MEETING DATE: November 17, 2015 • Background: In the 2015 legislative session, the General Assembly passed House Bill 1548, that made adjustments to the multiple codes relating to emergency medical services and fire departments. Notably, the changes created separate code sections for fire departments and EMS, and the terminology was changed to designate the head of the EMS department as "chief," "rescue squads" as "emergency medical service agencies," etc. The proposed changes to the Virginia Beach City Code reflect these statutory adjustments and are consistent with the Virginia Code, as amended. Further, for purposes of efficiency, the Department of Emergency Medical Services proposes to extend the permit renewal term for an emergency medical services agency, described in Virginia Beach City Code § 10.5-2, from one year to two years. The licenses issued by the Virginia Department of Health are valid for two years, and the current requirement for annual renewals is therefore unnecessary. In addition, the reference to the Thalia Volunteer Fire Department has been stricken, as its corporate existence has been terminated. • Considerations: The ordinance amends sections of the City Code to comport with the Virginia Code and amends Section 10.5-2, specifically, to allow for biennial renewals for emergency medical service agencies. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval 1.).,c g, Submitting DepartmentlAgen y: Department of Emergency g y Medical SerGices City Manager: '�:)11) 1 AN ORDINANCE TO AMEND SECTIONS 2-4, 2 6-116, 21-220, 23-7 AND 35-284 OF THE 3 CITY CODE PERTAINING THE 4 DEPARTMENT OF EMERGENCY MEDICAL 5 SERVICES 6 7 SECTIONS AMENDED: §§ 2-4, 6-116, 21- 8 220, 23-7 AND 35-284 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 2-4, 6-116, 21-220, 23-7 and 35-284 of the Code of the City of 14 Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 15 16 Sec. 2-4. - Recognition of police, fire companies and emergency medical services 17 agencies rescUe-squads as part of public safety program. 18 19 The following city departments, police agencies and chartered and nonchartered i 20 companies and emergency medical services agencies - -- - : - - - - e - are 21 recognized and acknowledged to be an integral part of the official public safety program 22 of the city, and in gratitude to and in recognition of the valuable and necessary services 23 performed by the volunteer firefighters, volunteer lifesaving or emergency medical 24 service agencyrescue squad members, volunteer law-enforcement chaplains, auxiliary 25 police, volunteer emergency medical technicians, members of volunteer search and 26 rescue organizations, and volunteer members of community emergency response 27 teams, volunteering for the following organizations shall be deemed employees for the 28 purposes of the Virginia Workers' Compensation Act: 29 Blackwater Volunteer Rescue Squad, Incorporated. 30 Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. 31 Creeds Volunteer Fire Department and Rescue Squad, Incorporated. 32 Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. 33 Kempsville Rescue Squad, Incorporated. 34 Ocean Park Volunteer Fire and Rescue Unit, Incorporated. 35 Oceana Volunteer Fire Department, Incorporated. 36 Plaza Volunteer Fire Company and Rescue Squad, Incorporated. 37 Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, 38 Incorporated. 39 Sandbridge Rescue and Fire, Incorporated. 40 41 Virginia Beach Auxiliary Police. i I i 42 Virginia Beach Rescue Squad, Incorporated. 43 Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 44 Virginia Beach Volunteer Water Rescue Team, Incorporated. 45 Virginia Beach Department of Emergency Medical Services. 46 Virginia Beach Fire Department. 47 Virginia Beach Office of Volunteer Resources. 48 . . . . 49 . . . . 50 Sec. 6-116. - Surfing generally. 51 52 (a) For purposes of this section, the following phrases shall have the meanings 53 respectively ascribed to them: 54 (1) City manager shall mean the city manager or his duly authorized designee. 55 (2) Labor Day Weekend shall be deemed to end at 6:00 p.m. on Labor Day. 56 (3) Memorial Day Weekend shall be deemed to begin at 6:00 p.m. on the Friday 57 before Memorial Day. 58 (4) Shorebreak shall mean the area between the shoreline of the Atlantic Ocean 59 and a continuous line running thirty (30) feet east of the shoreline. 60 (b) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 61 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 62 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends 63 and holidays, in any of the following areas: 64 (1) In the area from the northern boundary of Little Island Park to the southern 65 boundary of the designated lifeguard-patrolled swimming area located at the 66 terminus of Sandbridge Road; 67 (2) In the area from the northern boundary of the designated lifeguard-patrolled 68 swimming area located at the terminus of Sandbridge Road to the southern 69 boundary of Dam Neck Fleet Combat Training Center; 70 (3) In the area from the center line of 42nd Street to the center line of 56th Street; 71 and 72 (4) In the area from the center line of 58th Street to the southern boundary of Fort 73 Story. 74 (c) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 75 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 76 Atlantic Ocean, between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 77 10:00 a.m. and 6:00 p.m. weekends and holidays, in an of the following areas: 78 (1) In the designated lifeguard-patrolled swimming area located at the terminus of 79 Sandbridge Road; 80 (2) In the area from the northern jetty of Rudee Inlet to the center line of 42nd 81 Street; and 82 (3) In the area from the center line of 56th Street to the center line of 58th Street. 83 (d) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 84 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 85 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. any day of the 86 week, in the area from the southern boundary of Rudee Inlet to the point located 87 two hundred (200) feet north of the northern boundary of Camp Pendleton. 88 (e) Notwithstanding the provisions of subsections (b) through (d) of this section, the use 89 of a surfboard in the waters of the Atlantic Ocean shall be permitted in the following 90 areas: 91 (1) In the area from the southern boundary of Little Island Park to the state line, 92 subject to any restrictions imposed by the United States Government with 93 respect to any area of the beach under its ownership and/or control; 94 (2) At Little Island Park, subject to any restrictions imposed by the director of parks 95 and recreation; 96 (3) In the area from the southern jetty of Rudee Inlet to a point eight hundred (800) 97 feet south thereof; 98 (4) In the area from the northern jetty of Rudee Inlet to a point five hundred (500) 99 feet north thereof; 100 (5) In the area beginning three hundred (300) feet north of the center line of 3rd 101 Street and extending to a point one hundred (100) feet north of the center line 102 of 5th Street; 103 (6) In any area determined to be unsafe for swimming or wading, pursuant to 104 Section 6-17 of this chapter; and 105 (7) In any other area that the city manager may, from time to time, designate as a 106 surfing area. 107 (f) In addition to the prohibitions set forth in subsections (b) through (d) of this section: 108 (1) No person shall use a surfboard from one-half hour after sunset to one-half 109 hour before sunrise. 110 (2) No person shall use a surfboard unless a leash or tether joins the surfer to the 111 surfboard; 112 (3) No person shall use a surfboard in the area between the south and north jetties 113 of Rudee Inlet; 114 (4) No person shall, from Memorial Day Weekend to Labor Day Weekend, use a 115 surfboard within the shorebreak unless such person is paddling, or wading 116 beside the surfboard for purposes of entering the water or returning to the 117 beach, or unless such person is in an area specifically designated by this 118 section or the city manager as a surfing area; and 119 (5) No person shall engage in any activity other than surfing in any area specifically 120 designated by this section or the city manager as a surfing area. 121 (g) Notwithstanding any provision herein to the contrary, whenever the city manager 122 determines that surfing in a particular area poses a threat of danger to the general 123 public, he may prohibit surfing in such area for the period of time during which the 124 threat of danger exists. Any such area shall be conspicuously marked by "No 125 Surfing" signs, which signs shall remain in place until the prohibition has been lifted, 126 and it shall be unlawful for any person to surf in any area so marked. 127 (h) In addition to the regular police officers of the city, the director of emergency 128 medical services chief and his duly authorized designees are authorized to enforce 129 the provisions of this section by the issuance of summonses, provided the director 130 chief or any such designee is in uniform at the time a summons is issued. 131 (i) Any person who violates any provision of this section shall be guilty of a Class 4 132 misdemeanor; provided, however, that any person who violates subsection (0(2) of 133 this section shall be guilty of a Class 3 misdemeanor. 134 . . . . 135 Sec. 10.5-2. - Permit required. 136 137 (a) In accordance with section 32.1- 111.14 of the Code of Virginia, as amended, it 138 shall be unlawful for any individual or organization to operate an emergency 139 medical services agency, or any emergency medical services vehicle in the city for 140 emergency transport purposes or nonemergency transport purposes, without first 141 being granted a permit to do so by the city council. 142 143 (b) The provisions of subsection (a) above shall not be applicable to the department of 144 emergency medical services, any volunteer rescue squad formally recognized by 145 such department as a provider of emergency medical services within the city, any 146 government operated emergency medical services agency providing service under 147 the authority of a mutual aid agreement or a memorandum of understanding with 148 the city, any lifeguard service operating on the public beaches of the city pursuant to 149 a contract with the city, or Virginia Beach Emergency Response System agencies, 150 including but not limited to, the Virginia Beach Police Department, the Virginia 151 Beach Fire Department or the Virginia Beach Parks and Recreation Department. 152 153 (c) All permits issued pursuant to subsection (a) above and in effect on January 1, 154 1985, shall expire on June 30, 1985. Applications for renewal permits shall be 155 accepted beginning thirty (30) days prior to June 30, 1985. Any permit issued for the 156 first time or renewal shall bean--annual-permit valid from the date issued until the 157 thirtieth day of June the calendar year after the issuance date. and Applications for 158 renewal of such permits shall be accepted beginning thirty (30) days prior to the 159 thirtieth day of June of the year of expiration and, if issued, shall be valid for a 160 period of two years. However, any permit issued under this section may be revoked 161 or suspended at any time by city council for failure of the permit holder, his agents, 162 and/or employees to comply with all applicable statutes, ordinances, rules, 163 regulations, policies and procedures. 164 165 (d) The number of ambulances, prescribed areas of operation, prescribed levels of 166 care rendered, fixed charges and fees for services delivered, required limits of 167 liability insurance coverage and other rules and regulations not inconsistent with the 168 laws of the commonwealth shall be prescribed for under said permit. 169 . . . . 170 Sec. 21-220. -Activation of traffic control signals by fire department and 171 emergency medical services agency members. 172 173 Members of any fire department or any emergency medical services agency rescue 174 squad, when on duty, may activate electric traffic-control signals when such control 175 signals are specifically authorized by the State Highway and Transportation 176 Commissioner or the City Manager. 177 . . . . 178 Sec. 23-7. - Misleading, obstructing, etc., city officers. 179 180 (a) If any person without just cause knowingly obstructs a judge, magistrate, justice, 181 juror, witness, any law enforcement officer or animal control officer in the 182 performance of his duties as such, or fails or refuses without just cause to cease 183 such obstruction when requested to do so by such judge, magistrate, justice, juror, 184 witness, law enforcement officer or animal control officer, he shall be guilty of a 185 Class 1 misdemeanor. 186 (b) If any person, by threats or force, knowingly attempts to intimidate or impede a 187 judge, magistrate, justice, juror, witness, any law enforcement officer or animal 188 control officer, lawfully engaged in his duties as such, or to obstruct or impede the 189 administration of justice in any court, he shall be deemed to be guilty of a Class 1 190 misdemeanor. 191 (c) Any person who knowingly and willfully makes any materially false statement or 192 representation to a law-enforcement officer or animal control officer who is in the 193 course of conducting an investigation of a crime by another is guilty of a Class 1 194 misdemeanor. 195 (d) Any person or persons who unreasonably or unnecessarily obstruct a member or 196 members of an emergency medical services agency rescue squad, whether 197 governmental, private or volunteer, '- -- -- - - •• - - - - • ' --' ••• •: • or who 198 shall fail or refuse to cease such obstruction or move on when requested to do so 199 by a member of an emergency medical services agencvrescue squad going to or at 200 the site at which emergency medical services are required of a rescue mission shall 201 be guilty of a Class 2 misdemeanor. 202 . . . . 203 Sec. 35-284. - Vehicle license at no charge for members ofvolunteer fire 204 companies or emergency medical services agencies , auxiliary 205 police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled 206 veterans and surviving spouses of disabled veterans. 207 208 For members of the various volunteer fire companies and emergency medical 209 services agencies rescue squads in the City, auxiliary police officers serving the City, 210 volunteer police chaplains of the City, auxiliary deputy sheriffs serving the City, disabled 211 veterans as exempted by Code of Virginia, § 46.2-756(B) there shall be no charge for 212 local vehicle licenses, in accord with the following provisions: 213 (1) No license fee shall be charged for one (1) vehicle owned by each active 214 member of the various volunteer fire companies and emergency medical 215 services agenciesrescue squads, each active auxiliary police officer, each 216 active volunteer police chaplain, and each active auxiliary deputy sheriff, and 217 each such volunteer who, although presently inactive, has completed ten (10) 218 or more years of active service in the City. Such persons shall submit a letter to 219 the Commissioner of the Revenue from the Chief of his fire company or 220 emergency medical services agencvrescue squad or, in the case of auxiliary 221 police officers and volunteer police chaplains, from the Chief of Police, or in the 222 case of auxiliary deputy sheriffs, from the Sheriff, stating that he is an active 223 member of the company or squad or is an active auxiliary police officer, 224 volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has 225 completed ten (10) or more years of active service. The preceding exemption 226 from the license fee shall apply to active members of volunteer fire companies 227 and emergency medical services agencies fescue squads, and each active 228 auxiliary police officer, volunteer police ownso chraplainleases vehicle dlary forwhich the deputy sheriff, 229 regardless of whether the volunteer 230 exemption is requested. 231 (2) Each such volunteer fire company or emergency medical services 232 agencyfescue squad member, auxiliary police officer, volunteer police chaplain 233 and auxiliary deputy sheriff shall, at the time the license fee is exempted, agree 234 to notify the Commissioner � Revenue, when volunteer 235 becomes inactive completing t (10) or more years of active service. 236 (3) The Chief of each volunteer fire company and emergency medical services 237 agency rescue squad, the Chief of Police, and the Sheriff shall submit to the 238 Commissioner of the Revenue te names olice offhcers and dactive volunteer 239 of members, auxiliary police chaplains and auxiliary ay d pty 240 sheriffs who become inactive. 241 (4) No local vehicle license fee shall be charged for one (1) motor vehicle owned 242 and personally used by any disabled veteran and each surviving spouse of a 243 disabled veteran exempted from paying an annual registration fee by Code of 244 Virginia, § 46.2-739(B). Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: b/WA1/ /11217— LAMAAna,-Eetr— Emergency edical Services City Attorney s k ce CA13393 R-1 October 8, 2015 yG�NIA. rang .,." C�,y ro � g, jJ 4.kJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve an Amendment to the Existing Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: November 17, 2015 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Reliance Medical Transport LLC's most recent application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services and includes a request to provide advanced life support services consistent with its new license issued on October 29, 2015 by the Virginia Department of Health. All prior permits approved by City Council were based on applications to provide basic life support services. The Department of Emergency Medical Services is recommending approval of the amendment to the operation of Reliance Medical Transport LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this amended permit shall be effective immediately and until June 30, 2016. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval si Submitting De artment/Agency: Department of Emergency Medical Service 0 _ City Manage • 4 1 A RESOLUTION TO APPROVE AN AMENDMENT TO THE 2 EXISTING ANNUAL EMS PERMIT FOR PROVIDING 3 PRIVATE AMBULANCE SERVICES 4 5 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 6 approve the establishment of an emergency medical service organization in the City of 7 Virginia Beach; and 8 9 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 10 10.5-2 , any individual or organization that desires to operate an emergency medical 11 services agency or emergency medical services vehicles in Virginia Beach for emergency 12 transport or non-emergency transport purposes must apply for a permit; and 13 14 WHEREAS, a previous request for establishment and an application for a permit 15 was received from Reliance Medical Transport LLC, such application indicating certification 16 for basic life support services; and 17 18 WHEREAS, City Council granted a permit to Reliance Medical Transport LLC on 19 April 22, 2014 and approved a renewal permit on June 2, 2015; and 20 21 WHEREAS, Reliance Medical Transport LLC has qualified for and received on 22 October 29, 2015, a license from the Virginia Department of Health to provide advanced 23 life support services; and 24 25 WHEREAS, Reliance Medical Transport LLC has submitted an application to be 26 permitted to provide advanced life support services within the boundaries of the City of 27 Virginia Beach; and 28 29 WHEREAS, this request and application has been recommended for approval by 30 the Virginia Beach Department of Emergency Medical Services; and 31 32 WHEREAS, City Council finds the approval of this request and application is in the 33 best interests of the citizens of Virginia Beach as it will assure continued and adequate 34 emergency services and will preserve, protect and promote the public health, safety and 35 general welfare of the citizens. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the request of Reliance Medical Transport LLC for its application to upgrade its 41 service to provide advance life support as part of its renewed annual EMS permit for 42 providing private EMS ambulance services in the City of Virginia Beach is hereby approved 43 and granted, effective immediately and until June 30, 2016. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . AYYVMA6t y fice Emergency Medical Services it Y Attorney CA13526 R-1 November 4, 2015 si .'r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting Legislation for Virginia to Participate in the Regional Greenhouse Gas Initiative MEETING DATE: November 17, 2015 • Background: Homeowners, businesses, schools and healthcare facilities in Virginia Beach regularly battle issues associated with recurrent flooding and the threat of increasing sea level rise and severe storms. The Secure Commonwealth Panel, which was established by state law in part to make recommendations relating to emergency preparedness, created a Recurrent Flooding Sub-Panel to assess the threat of recurrent flooding and sea level rise in the state. The Sub-Panel recommended that the state identify or establish a fund to assist localities with the costs of adaptive planning. The General Assembly will consider legislation during its 2016 session that provides state assistance to areas impacted by flooding and sea level rise by participating in the Regional Greenhouse Gas Initiative that establishes a regional CO2 electric power sector cap-and-trade program and directs revenues from the program to flooding adaptation efforts. • Considerations: The proposed legislation would also provide assistance for energy efficiency programs to help reduce customer bills and promote energy conversation. This resolution supports the proposed legislation. • Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmember Davenport REQUESTED BY COUNCILMEMBER DAVENPORT A RESOLUTION SUPPORTING LEGISLATION FOR VIRGINIA TO PARTICIPATE IN THE REGIONAL GREENHOUSE GAS INITIATIVE 1 WHEREAS, House Joint Resolution No. 50 (2012) and Senate Joint Resolution 2 No. 76 (2012) requested the Virginia Institute of Marine Science (VIMS) to study 3 strategies for adaptation to prevent recurrent flooding in Tidewater and Eastern Shore 4 Virginia localities; 5 WHEREAS, the resulting VIMS report, entitled "Recurrent Flooding Study for 6 Tidewater Virginia," published as Senate Document No. 3 (2013), states: "Recurrent 7 flooding is a significant issue in all localities in Virginia coastal localities and one that is 8 predicted to become worse over reasonable planning horizons (20-50 years)."; 9 WHEREAS, the VIMS report found that "[i]mpacts from flooding can range from 10 temporary road closures to the loss of homes, property and life. In coastal Virginia, the 11 cost of large storm damage can range from millions to hundreds of millions of dollars 12 per storm."; 13 WHEREAS, the Secure Commonwealth Panel, established by Virginia Code 14 § 2.2-222.3 to "monitor and assess the implementation of statewide prevention, 15 preparedness, response, and recovery initiatives and where necessary review, 16 evaluate, and make recommendations relating to the emergency preparedness of 17 government at all levels in the Commonwealth," created a Recurrent Flooding Sub- 18 Panel to further assess the threat of recurrent flooding and sea level rise in the 19 Commonwealth; 20 WHEREAS, the Secure Commonwealth Panel Recurrent Flooding Sub-Panel's 21 report, entitled "Recommendations to the Secure Commonwealth Panel on the Issue of 22 Sea Level Rise and Recurrent Flooding in Coastal Virginia" (2014), states that "[t]he 23 Commonwealth should identify or establish a fund to assist localities and regions [to] 24 meet their match requirements and otherwise assist them with the costs of adaptation 25 planning."; 26 WHEREAS, a number of homeowners, businesses, schools, and health care 27 facilities in Virginia Beach regularly battle issues associated with recurrent flooding and 28 the threat of increasing sea level rise and severe storms; and 29 WHEREAS, the City of Virginia Beach recognizes the need for increased 30 resources to implement local adaptation plans and acknowledge that coordination 31 throughout all levels of government is required to provide adequate solutions to the 32 region's growing flooding risks. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 36 1. That the Council hereby supports legislation in the 2016 General 37 Assembly session that provides state assistance to areas impacted by flooding and sea 38 level rise by participating in the Regional Greenhouse Gas Initiative (RGGI), that 39 establishes a regional CO2 electric power sector cap and trade program, and directing 40 revenues generated from the program to flooding adaptation efforts. Enabling legislation 41 joining the state into RGGI would also provide assistance for energy efficiency 42 programs to help reduce customer bills and promote energy conservation. 43 44 2. That the City Clerk is hereby directed to transmit a copy of this resolution 45 to each member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13519 R-1 October 22, 2015 4 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Amend the City/School Revenue Sharing Formula Policy MEETING DATE: November 17, 2015 • Background: The City Council first adopted a City/School Revenue Sharing Policy in 1997 to provide a stable source of local funding for the Virginia Beach City Public Schools. The formula was revised several times with the most recent update in December 2013. As provided in § 7.1 of the Policy, the Superintendent, City Manager, School Chief Financial Officer, and the City's Director of Management Services had an annual meeting to discuss the formula. This item is the recommendation of that meeting. This amendment to the Policy will be presented to the School Board for approval at its formal meeting on November 17, 2015. • Considerations: The recommended revision to the Policy seeks to move two line-item additions into the formula for the Discretionary Local Match Calculation. These two are: (1) In FY 2013-14 during budget reconciliation, the City Council lowered the Real Estate Tax Rate from 95 cents to 93 cents, which would have reduced the School Revenue Sharing Formula by $3,101,633 (at that time). Rather than reduce revenue to the Schools, City Council provided additional funding to offset this formula reduction. (2) In FY 2015-16, the adopted budget included a 2.31 cent tax increase for schools. The proposed budget dedicated 2 cents to Schools, and during budget reconciliation, the City Council provided additional funding to Schools for a 2.66% pay raise rather than 1.66% as originally proposed; this equated to a shift of .31 cents of the tax rate from the City to Schools. The new Discretionary Local Match Calculation will be 34.11% rather than 32.37%. This Agenda Item includes an Exhibit B, which provides the calculation of the Discretionary Local Match Calculation using both the old and the proposed formulas. • Public Information: This item is being advertised as a part of the normal City Council agenda process. • Recommendations: Approval of attached Resolution. • Attachments: Resolution; Exhibit A: "City/School Revenue Sharing Policy;" Exhibit B (Formula Illustration for FY16) Recommended Action: Approval Submitting Department/Agency: Department of Budget and Management Services City Manager: !Z-. 1 A RESOLUTION TO AMEND THE CITY/SCHOOL 2 REVENUE SHARING FORMULA POLICY 3 4 WHEREAS, the City Council adopted the most recent amendment of the 5 City/School Revenue Sharing Policy in December 2013; 6 7 WHEREAS, School and City staff recommend amending the Policy to reflect two 8 recent Council funding allocations in the Discretionary Local Match Calculation rather 9 than through line-item additions, and based upon such changes, the new Discretionary 10 Local Match Calculation will be 34.11% rather than 32.37%; 11 12 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City Council hereby approves the amendment to the City/Schools 16 Revenue Sharing Policy, attached hereto as Exhibit A, and the City Council directs the 17 City Manager to use this amended policy as part of the City Manager's recommendation 18 for the FY 2016-17 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY -.90 Q. BA Budget and Management ervices i y At orney's Office CA13524 R-1 November 4, 2015 EXHIBIT A 4.f �� -� a City Council and Nr, e ¢`` SAF eleCe4 School Board Policy Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: October 23,2012 Date of Revision:11/17/2015 Page: 1 of 6 1. Purpose: 1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local General Fund tax revenues that are under the City Council's control rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City funding to the School directly to the State Standards of Quality ("SOQ") which periodically takes into account changes in student enrollment,true property value, adjusted gross income,taxable retail sales,and population. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools" refer to the Virginia Beach City Public Schools. "Local Tax Revenues" refers to all General Fund revenues generated by non-dedicated local taxes: real estate (less dedications such as the FY 2013 dedication for Schools and road construction, and the Outdoor Initiative, the Agr ••, . : -• . ); Personal Property (less dedication for public safety); General Sales; Utility; Virginia Telecommunications; Business License (BPOL); Cable Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP)); Hotel Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 1 2.3 "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; the FY 2013 dedication to Schools (4 cents of the real estate tax) and Transportation (4_2 cents of the real estate tax); taxes that represent "net-new revenues" and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program; Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used to support the BRAC project. A more complete discussion of such dedications is found in the Executive Summary and the Operating Budget each year. 2.4. "Net -new Revenues" as used in Section 2.3 means public-private partnership revenues generated by a project(or property)that exceed the Local Tax Revenues prior to the public-private partnership. 2.4. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.5. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.6. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report(CAFR). 2.7. "School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.8. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY 2013 real estate tax dedication to Schools. 2.9. "Required Local Match" refers to the City funding required by the State's Standards of Quality(SOQ). 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1 In October, Budget and Management Services will provide to Schools an estimate of local tax revenue for the upcoming fiscal year. 2 3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years, Budget and Management Services will deduct this amount from the projection of Local Tax Revenues and set it aside as the first step. 3.1.3. Discretionary Local Match calculation — The Discretionary Local Match has two components: the formula component and the FY 2013 four cent real estate dedication. 3.1.3.1. Formula component: Budget and Management Services will then allocate to Schools 32.37% 34.11% of the remaining Local Tax Revenues. 3.1.3.2: FY 2013 School dedication component: In FY 2013 Operating Budget the City Council increased the real estate tax rate by four cents and dedicated it to the Schools' Operating Budget. This dedication amount will be added to the Discretionary Local Match. This dedication shall exist until such time as the State restores funding for education to the average level provided from FY 2006 to FY 2012 of $350 million (net of School facility funds). The City Council has directed the City Manager to recommend, as a part of the City's Proposed Operating Budget, reductions in whole or in part to the four cents real estate dedication in an amount roughly equal to the increased State funding above $350 million (per annum) as reflected by a decrease in the local composite index below the current FY 2013 level of 0.4110. 3.1.4. The combination of the required local match and the discretionary local match shall comprise the funding for Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1. In February, Budget and Management Services will provide a final estimate of the Local Tax Revenues. This will be the estimate included in the City's Proposed Operating Budget. 3.2.2. Required Local Match calculation - By February the final SOQ required local match should be known from the Virginia Department of Education and this figure will be used to set aside the first allocation of revenues. 3.2.3. Discretionary Local Match calculation — Budget and Management Services will then allocate to Schools the formula component (32.37°%34.11% of the remaining estimated Local Tax Revenues) plus the FY 2013 Schools' dedication component (four cents of the real estate tax provided no adjustments are required). 3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise the total local funding of the Schools under the Revenue Sharing Formula. 3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in the City's Operating Budget. 3 4. Procedure to Request an Increase in the Discretionary Local Funding Match: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives. The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding; and 4) that the School Board supports an increase in the real estate tax(or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. If the City Council determines that additional funding is warranted to maintain the current level of City and Schools operations or to provide for additional initiatives, the City Council shall determine appropriate action. This action may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Taxes. If the City Council does not dedicate the increased taxes, this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Actual Revenue Collections deviate from Budget Local Tax Revenues: 5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the amount of excess revenue will be allocated in the same manner as similar revenues were apportioned in the recently ended fiscal year. However, such excess revenues are subject to the City Council's General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance Reserve Policy, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds,discussed in Section 6.3, below. 5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General 4 Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a fund, such as the Athletic Fund,that are attributable to user fees or gate admissions. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year. This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund. See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt payment exceeds estimated debt payments, the amount of Schools reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments, the amount of Schools reversion funds will be increased by this difference. 6.3.4.The Schools' Budget Office will confer with Budget and Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098), including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4, 2003. 6.3.5.1. Upon receipt of the resolution, Budget and Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2. Following City Council's action Budget and Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Revision to the City/School Revenue Sharing Policy: 7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of Budget and Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools operations, any use of "one-time" revenues, and any adjustments made to existing 5 revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and Superintendent will brief the City Council and School Board respectively. 7.2. City Council may revise this Policy in its discretion after consultation with the School Board. 7.3. If no other action is taken by the City Council and School Board,this Policy shall remain effective until June 30th 2018 at which time it will be reviewed and considered for reauthorization. Approved: As to Content: School Superintendent Date City Manager Date As to Legal Sufficiency: City Attorney Date Approved by School Board: School Board Chairman Date APPROVED BY CITY COUNCIL: Mayor Date 6 1 EXHIBIT B Local Funding To Schools Adopted Adopted FY 2015-16 FY 2015-16 Total General Fund,Non-Dedicated Local Taxes: Budget Budget Real Estate 487,464,026 467,993,529 Less:Schools&City Dedication (61,485,780) (29,205,746) Less:Outdoor Initiative Dedication (2,408,193) (2,408,193) Personal Property 143,202,521 143,202,521 Less: Public Safety Dedication (9,981,764) (9,981,764) General Sales 59,780,905 59,780,905 Utility Tax 23,882,326 23,882,326 Utility Tax-Consumption 1,696,942 1,696,942 Virginia Telecommunications 18,225,051 18,225,051 Business License 46,842,468 46,842,468 Cable Franchise 8,146,171 8,146,171 Cigarette-General Fund Only 11,642,478 11,642,478 Less: EDIP&City Dedication (3,492,744) (3,492,744) Hotel Room 6,328,444 6,328,444 Restaurant Meals 38,725,640 38,725,640 Automobile License 9,534,845 9,534,845 Bank Net Capital 2,348,972 2,348,972 City Tax on Deeds 6,878,623 6,878,623 City Tax on Wills 79,882 79,882 - Total Non-dedicated Local Taxes 787,410,811 800,220,349 Less: Required SOQ Match 167,640,500 167,640,500 Remaining Non-dedicated Local Taxes 619,770,311 632,579,849 Formula% 32.37% 34.11% Discretionary Local Match 200,619,650 215,781,848 Subtotal School Revenue Sharing Formula 368,260,150 383,422,348 Dedicated 4.0 Cents of Real Estate Tax to Schools 30,742,890 20,495,260 Additional City Council Funding to Offset Tax Rate Reduction to 93 Cents in FY 14 3,317,158 Additional City Support for 4%Pay Raise 1,597,410 Total Local Contribution 403,917,608 403,917,608 fc`'t`' h.�'p7 t- :Tt � i Z'::atatfst' #�V"4Vr^t Y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Adopt an Updated City Council Policy for the Evaluation of Tourism Projects for the Gap Financing Program MEETING DATE: November 17, 2015 • Background: In its 2011 Session, the General Assembly adopted legislation that allows public funds (State and local sales taxes) to be directed toward private financing when a qualifying project has a financing "gap." This program requires localities to have a tourism marketing plan and a local tourism zone. In its most recent session, the General Assembly modified the previous authorization in two ways. First, the existing program (Va. Code § 58.1-3851.1) was amended to allow a financing gap of up to 30%. Second, the General Assembly authorized the direction of additional revenues (State and local revenue streams equaling 1.5% of the revenues generated by the sales tax) for a "tourism project of regional significance," which is defined in § 58.1- 3851.2. Both statutes are attached to this document. • Considerations: As discussed at the briefing to City Council on November 3, 2015, the legislative changes present the opportunity for the City to amend its existing policy (the "Policy") to incentivize redevelopment and unique brands/flags in the Resort Area. The Policy retains the existing requirements for all projects: • Minimum capital investment of$30 million; • Taxable sales of at least $1 million per year; • Will increase year-round employment; • Fills a void in the City's Tourism Marketing Plan; • Is located in the Tourism Zone; • Demonstrates proof of the need for gap financing; and • Does not require a prohibitive amount of City investment in infrastructure. The proposed amendments to the policy provide the following requirements for the enhanced incentives authorized by the General Assembly: • Projects that have a financing gap between 20% and 30%: o Meets all of the requirements of the existing Policy plus some or all of the following: • Capital investment above $50million; • Creates a minimum of 50 full time equivalent jobs; • Redevelops an existing building or facility; and • Is a premium flag or fills a brand gap. Gap Financing Policy Update Page 2 of 2 • Projects seeking the additional revenues (State and local revenue streams equaling 1.5% of the revenues generated by the sales tax): o Meets all of the requirements of the existing Policy; o Meets all of the requirements of Virginia Code § 58.1-3851.2, including the statutory definition of"tourism project of regional significance;" o Capital investment exceeds $100 million; o Creates substantial development or redevelopment that can be identified as providing a sufficient direct or indirect revenue lift to offset the revenues required by the City in addition to the local portion of the sales tax. The adoption of the policy will assist the City staff in reviewing potential projects seeking assistance from the City. In all cases, the City Council retains the ability to approve a project or decline to approve a project. • Public Information: Public information will be provided through the normal Council agenda process. Council was briefed on this item at its November 3, 2015 informal session, and this briefing was rebroadcast on VBTV. • Recommendations: Approval of the attached resolution. ■ Attachments: Resolution; Council Policy; Virginia Code §§ 58.1-3831.1 & 5831.2 Recommended Action: Approval Submitting Departmen ' • -ncy: Strategic Growth Area Office; Economic Development; and Financ — 1 �� pi 6r City Managesisies,„,...4 1 A RESOLUTION TO ADOPT AN UPDATED 2 POLICY FOR THE EVALUATION OF TOURISM 3 PROJECTS FOR THE GAP FINANCING 4 PROGRAM 5 6 WHEREAS, tourism is a vital component of the City's existing tax base; and 7 8 WHEREAS, the City should encourage private sector investment in tourism 9 projects that increase tourist length-of-stay and enjoyment of time spent in the City; and 10 11 WHEREAS, the General Assembly has provided a mechanism whereby private 12 investment in tourism projects that require "gap financing" may qualify for specific 13 sources of funding; and 14 15 WHEREAS, the General Assembly has amended the enabling legislation for "gap 16 financing to allow an increased gap of up to 30%; and 17 18 WHEREAS, the General Assembly has provided an additional program that 19 provides additional revenues for tourism projects of regional significance; and 20 21 WHEREAS, the City Council desires to update its policy for the evaluation of 22 potential tourism projects that provides additional requirements for projects seeking to 23 utilize the recent legislative authorizations; and 24 25 WHEREAS, when evaluating potential tourism projects, it is prudent for the City 26 to follow guidelines designed to ensure that any qualifying tourism project is in the best 27 interest of the City. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRIGNIA: 31 32 1. That City Council hereby adopts the updated policy "Guidelines for 33 Evaluation of Tourism Projects," a copy of which is attached hereto as Exhibit A; and 34 35 2. That the City Manager and staff are hereby directed to use the process 36 outlined in the City Council Policy in the evaluation of a tourism projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: LL, Strategic Grown Area Ec( • ''c Development APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qt,c&ce actilik, Department of Finance Att y s Office CA13518 R-1 November 5, 2015 Code of Virginia Title 58.1.Taxation Chapter 38. Miscellaneous Taxes § 58.1-3851.1. Entitlement to tax revenues from tourism project A. For purposes of this section, unless the context requires a different meaning: "Economic development authority" means a local industrial development authority or a local or regional political subdivision,the public purpose of which is to assist in economic development. "Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. B. 1. If a locality has established a tourism zone pursuant to § 58.1-3851,has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism project to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and the tourism project has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section, the authorized tourism project shall be entitled to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project. The entitlement shall be contingent on the locality enacting an ordinance designating certain local tax revenues to the tourism project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. The entitlement shall continue until the gap financing is paid in full. Entitled sales tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 2. On a quarterly basis,the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller,who shall remit such revenues to the county or city in which the authorized tourism project is located. The county or city shall remit the revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project and the economic development authority. 3. The state sales tax entitlement established in subdivision 1 shall not include any(i) sales tax revenues dedicated pursuant to § 58.1--638 or S',.1 .1 or(ii) revenues generated pursuant to Chapter 766 of the Acts of Assembly of 2013. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism project to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project, the local governing body of the county or city in which the authorized tourism project is located shall also direct by ordinance that an amount equal to the revenues generated by at least a one percent local sales and use tax, or an equivalent amount of other local tax revenues as designated by the ordinance, generated by transactions taking place on the premises of the authorized tourism project shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the 1 11/5/2015 same conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D.Prior to any entitlement to tax revenues for an authorized tourism project pursuant to subsections B and C, the owner of such project shall have a minimum of 70 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee.The access fee shall be equivalent to the state sales tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority on a quarterly basis.The access fee and the sales tax entitlement shall be used solely to make payments of principal and interest on the qualified gap funding. E. In the event that the total amount of sales tax entitlement and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. F.A tourism project that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to § 58.1-608.3 or 58.1-3851.2. 2011, cc. (46, 814;2012, cc. 73, 571;2015, cc 2 11/5/2015 Code of Virginia Title 58.1. Taxation Chapter 38. Miscellaneous Taxes § 58.1-3851.2. Entitlement to tax revenues from tourism project of regional significance A. For purposes of this section, unless the context requires a different meaning: "Economic development authority" means a local industrial development authority or a local or regional political subdivision, the public purpose of which is to assist in economic development. "Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project of regional significance and the debt and equity capital provided by the developer of the project. "Tourism project of regional significance" means a tourism project that meets the requirements set forth in subdivision B 1 and that additionally represents a new capital investment of at least $100 million in a new tourism facility or in a substantial and significant renovation or expansion of an existing tourism facility by a private entity in the Commonwealth and, as determined by the Virginia Tourism Authority,that supports increased hotel occupancy, new job creation, an increase in the number of out-of-state visitors to the Commonwealth, and other factors of significant fiscal and economic impact.Any property, real, personal, or mixed, that is necessary or complementary, such as arenas, sporting facilities,hotels, and other tourism venues, developed in connection with any such tourism project of regional significance, including facilities for food preparation and serving, parking facilities, and administrative offices, is encompassed within this definition, as is theme-related retail activity by vendors or the private entity owner of the project that occurs on site and directly supports the tourism mission of the project.A tourism project of regional significance does not include, for purposes of this section, general retail outlets, ancillary retail structures not directly related to the tourism purpose of the project or other retail establishments commonly referred to as shopping centers or malls or residential condominiums, townhomes, or other residential units. B.1. If a locality has established a tourism zone pursuant to § _ .]-383 1,has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism project of regional significance to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and if the tourism project of regional significance has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section, the authorized tourism project of regional significance shall be entitled to an amount equal to the revenues generated by a 1.5 percent state sales and use tax on transactions taking place on the premises of the authorized tourism project of regional significance. The entitlement shall be contingent on the locality's enacting an ordinance designating certain local revenues to the project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. 2. On a quarterly basis,the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller,who shall remit such revenues to the county or city in which the authorized tourism project of regional significance is located. The county or city shall remit the 1 11/5/2015 revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project of regional significance and the economic development authority.The entitlement shall continue until the gap financing is paid in full or for the length of time specified in the agreement between the developer and the economic development authority,but in no event shall the entitlement extend beyond 20 years from the date of the initial entitlement. Entitled sales tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 3.The state sales tax entitlement established in subdivision 1 shall not include any(i) sales tax revenues dedicated pursuant to § 58.1-038 or :58.1-638.1 or(ii)revenues generated pursuant to Chapter 766 of the Acts of Assembly of 2013. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism project of regional significance to an amount equal to the revenues generated by a 1.5 percent state sales and use tax on transactions taking place on the premises of the authorized tourism project of regional significance,the local governing body of the county or city in which the authorized tourism project of regional significance is located shall also direct by ordinance that an amount of local revenues, from any authorized source of revenues available to the locality, equal to the revenues generated by at least a 1.5 percent state sales and use tax generated by transactions taking place on the premises of the authorized tourism project of regional significance shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the same conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for an authorized tourism project of regional significance pursuant to subsections B and C,the owner of such project shall have a minimum of 80 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee.The access fee shall be equivalent to the state sales tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority on a quarterly basis. The access fee and the state and local contributions pursuant to this section shall be used solely to make payments of principal and interest on the qualified gap funding. E. In the event that the total amount of state and local contributions pursuant to this section and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. F. Neither the Commonwealth nor any political subdivision of the Commonwealth shall incur any debt under this section. Nothing in this section shall be construed as authorizing the pledging of the faith and credit of the Commonwealth, or any of its revenues, or the faith and credit of any other political subdivision of the Commonwealth, or any of its revenues, for the payment of any debt or debt financing, or meeting any contractual obligation incurred by the owner or developer of any authorized tourism project of regional significance. G.An authorized tourism project of regional significance that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to § 58,1-608.3 or 58.1- 5851.1. 2 11/5/2015 EXHIBIT A eofc-4e,-,00 ..t45 ,t,,,,iit,,, , l'4,-,:,..±-1,,,s51, -.1.. ri, . a` _' • City Council Policy Title: Evaluation of Tourism Projects for the Index Number: Gap Financing Program Date of Adoption: 3/13/2012 Date of Revision: 11/17/2015 Page 1 of 6 1.0 Purpose and Need To transform the Virginia Beach Resort from a seasonal venue to a year- round destination, private development will be necessary; however, some potential tourism projects have experienced difficulty obtaining the financing necessary to make the projects a reality. A means for bridging the financing gap was established by the General Assembly, codified as §§ 58.1-3851.1 and 58.1- 3851.2 of the Virginia Code. This program provides additional funding— in the form of cash flows — once projects are operational that may be directed to closing a financing gap between the debt and equity a developer currently has and the total financing required by a tourism project. This program may generally be referred to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as, the "Program." 2.0 Policy Statement The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b) To signal to the development community the types of tourism projects that would be eligible for the Program and the various steps required for final approval; and c) To inform the broader community of the public purpose advanced by the Program. Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 2 of 6 3.0 Definitions 3.1 Gap Financing — debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. 3.2 Performance Agreement — an agreement between the developer, the City, and development authority. The Performance Agreement shall affirmatively state that the Agreement does not create debt of the State or the City. The agreement has three functions. First, the Performance Agreement requires the developer to impose an "access fee" in the amount provided by State law of all transactions occurring on the project premises. Second, the Performance Agreement establishes minimum performance requirements for the tourism project including capital investment, new jobs, or other measureable criteria. Third, the Performance Agreement sets forth the payment of the revenue streams in the amounts and for the purposes provided by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 3.3 Tourism Development Financing Program — a program provided by the General Assembly allowing state tax, local tax, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the creation of new state or local debt either through debt issuance or loan guarantee(s). 3.4 Tourism Marketing Plan — a strategic plan adopted by the City Council and required by Virginia Tourism Authority, which describes the City's action plan for tourism related development. 3.5 Tourism Zone — a zone designated by the City Council to encourage tourism related economic activities as provided by § 58.1-3851 of the Virginia Code. 3.6 Qualifying Tourism Project— a project that fills a void identified by the Tourism Development Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this policy, has been endorsed, by ordinance by the City Council, has been approved by the Virginia Tourism Authority, and has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 4.0 How the Program Works 4.1 Debt Responsibility. The Program does not create State or City Debt. i I Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 3 of 6 4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project premises. This amount is provided from the Tax Commissioner on a quarterly basis. The amount of the local tax portion and the "access fee" are equal to the amount provided by the Tax Commissioner. After the completion of all steps set forth herein, the flow of revenues is as follows: a) State Sales Taxes (certified by the Tax Commissioner) -> State Comptroller remits these revenues to the City -> City remits to the Development Authority - Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. b) Local Taxes (in an amount equal to the amount certified by the Tax Commissioner) - City remits to the Development Authority -> Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. c) "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an amount equal to the amount certified by the Tax Commissioner) - Developer remits to the City 4 City remits to the Development Authority -- Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. 4.3 Prerequisites. Sections 58.1-3851.1 and 58.1-3851.2 of the Virginia Code requires the following prerequisites: a) The City Council has to adopt a Tourism Marketing Plan. The Tourism Marketing Plan provides a description of the types of tourism projects the City desires as a matter of strategic priority. A Qualifying Tourism Project must fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be located in the Tourism Zone. c) To qualify for the Program, the project developer must demonstrate a shortfall in project funding between the expected development costs of the proposed tourism project and the debt and equity capital provided by the developer of the project. This shortfall may not exceed 20% of the total project costs unless the Project Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 4 of 6 meets the requirements set forth in subsection 5.3, infra. Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfaction of the City's Director of Finance. If this writing contains confidential information, it should be so marked for purposes of the Freedom of Information Act. 5.0 Process 5.1 Application - Developers seeking to utilize the Program shall submit an application to the City of Virginia Beach Strategic Growth Area Office. • The application will include project description, conceptual design, geographic parcel identification number (GPIN), anticipated economic impact, potential spin-off business synergy, effect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedies for risk. • The application must meet the three requirements set forth in subsection 4.3, supra. 5.2 Evaluation - Each application will be reviewed by a staff review committee. The review will determine whether the project: a) Has a minimum capital investment of$30 million; b) Will provide taxable sales in the amount of at least $ 1 million per year; c) Will increase year-round employment; d) Fills a void in the Tourism Marketing Plan; e) Is located in the Tourism Zone; f) The proof of the need for Gap Financing meets the approval of the City's Director of Finance; g) Does not require a prohibitive amount of City investment, including roadways, parking, and other infrastructure. 5.3 Additional Evaluation Factors: If a project has more than a 20% gap or has a capital investment above $100 million, it may require additional evaluation. a) A project with a need for Gap Financing of up to 30% may apply if, in addition to those requirements in subsection 4.3 and 5.2, supra, the project include some or all of the following: capital investment above $50 million; creates at least 50 full time equivalent jobs; redevelops an existing building or facility; and is a premium flag or fills a brand gap. b) A project with a capital investment above $100 million may qualify for Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 5 of 6 revenue streams equaling 1.5% of the revenues generated by the State Sales Tax if, in addition to those requirements in subsection 4.3 and 5.2, supra, the project meets the requirements of §58.1-3851.2 and creates substantial development or redevelopment that can be identified as providing a sufficient direct or indirect revenue lift to offset the revenues required by the City in addition to the local portion of the Sales Tax. 5.4 Briefing — After City staff have reviewed the application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council. At this briefing, the Staff will require informal direction as to whether there is preliminary support for the proposed tourism project. If there is support by the City Council, Staff will provide a similar briefing to the Development Authority. 5.5 Development of a Performance Agreement — After preliminary approval by the City Council and the Development Authority, Staff and the tourism project developer will begin work on a Performance Agreement. The Performance Agreement will do the three functions described in Section 3.2, supra. Final execution of the Performance Agreement will be conditioned upon the project receiving preliminary approval by the Virginia Tourism Authority and certification by the State Comptroller as qualifying for the entitlement to tax revenues authorized by § 58.1-3851.1 or § 58.1-3851.2 of the Virginia Code. 5.5 Project Endorsement Ordinance — Prior to the completion of the Performance Agreement, City Staff will present an ordinance to the City Council. The ordinance will provide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the Performance Agreement, of the City to allow the project to receive an amount of local tax revenues equal to one cent of the Virginia Sales and Use Tax for all transactions occurring on the project premises. For those projects seeking the 1.5% revenue stream authorized by § 58.1-3851.2, the endorsement ordinance shall identify the proposed source of the additional local funding above that provided by the local portion of the Sales Tax. 5.6 Execution of Performance Agreement by Project Developer — After the project has been approved by the Virginia Tourism Authority and the State Comptroller, the Performance Agreement, in final form, will be provided to the project developer for execution. 5.7 Development Authority Approval — After approvals at the state level and Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 6 of 6 execution by the project developer, the Development Authority will be presented with a resolution to approve the Performance Agreement in final form. 5.8 Final Local Approval - If this resolution is approved by the Development Authority, the Chair of the Development Authority will execute the Performance Agreement. 5.9 Final State Approval — After the Final Local Approval, the City will forward the application, ordinance(s), and Performance Agreement to the Virginia Tourism Authority and to the State Comptroller, as required. Approved as to Content: Strategic Growth Area Office Date Director Approved as to Content: Economic Development Date Department Director Financial Impact: Finance Director Date Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date sem "o� . 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Purchase Oyster Leases for the Lynnhaven River Basin Ecosystem Restoration Project, by Voluntary Agreement MEETING DATE: November 17, 2015 • Background: The development of the Lynnhaven River Basin from a mostly agrarian region to a suburban area, primarily over the past 40 years, has adversely affected the biological life in and adjacent to the basin in various ways. The U.S. Army Corps of Engineers (USACE) conducted a study to evaluate ecosystem restoration within the Lynnhaven River Basin and develop a suitable plan for the restoration, as outlined in the USACE's Final Feasibility Report and Integrated Environmental Assessment, dated July 2013. The study recommends a plan which consists of restoration of approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation (SAV), and construction of 31 acres of reef habitat. The recommended plan will be constructed in phases over the next several years. As the non-federal sponsor for the project, the City is required to provide all real estate interests necessary to perform the work. Portions of the State-owned bottomlands throughout the Lynnhaven River basin have been leased to private entities by the Virginia Marine Resources Commission (VMRC) as oyster grounds. Some of the areas that have been leased are ideal sites for the construction of reef habitat. While the City is currently coordinating with the USACE and VMRC to reserve un-leased bottomlands for this project, it would be beneficial for the City to have the capability to purchase oyster leases, or portions thereof, from lease holders that are willing to sell. • Considerations: The City has been approached by multiple individuals who are willing to transfer their leases to the City specifically for this project. Also, oyster leases are periodically advertised as being for sale. However, once leases are on the market, the delay in bringing individual transactions to City Council would cause the City to miss opportunities to purchase the leases. Therefore, the project would benefit from the City Manager being authorized to purchase such oyster leases as they became available to the extent agreements can be reached and funds are available. All sales would be conditioned on the USACE confirming each site meets the criteria for the project. Funds are available in CIP #7-153, "Lynnhaven Watershed Restoration", including funds designated for Site Acquisition. A study is underway to determine the nutrient reduction capabilities of oyster reefs in the Lynnhaven River basin. Water quality benefits realized as a result of the project may help to meet the Lynnhaven River total maximum daily load (TMDL) requirements. Once the City acquires the leases, the City may apply to VMRC for a permit for the project, which permit, if issued, would then take the place of the oyster leases to allow the project improvements to remain. • Public Information: Advertisement of City Council Agenda • Alternatives: Modify the conditions or deny the Ordinance • Recommendations: Approve the attached Ordinance allowing the acquisition of oyster leases for this project. • Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Public Works Engineering/Water Resources M), City Manager. � ' `"U 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO PURCHASE OYSTER 3 LEASES FOR THE LYNNHAVEN RIVER 4 BASIN ECOSYSTEM RESTORATION 5 PROJECT, BY VOLUNTARY AGREEMENT 6 7 WHEREAS, portions of State-owned bottomlands throughout the Lynnhaven 8 River and its creeks, coves and tributaries have been leased to private individuals by 9 the Virginia Marine Resources Commission ("VMRC") for oyster farming; 10 11 WHEREAS, a study is underway to determine the nutrient reduction capabilities 12 of oyster reefs in the Lynnhaven River basin. Water quality benefits realized as a result 13 of the project may help to meet the Lynnhaven River total maximum daily load (TMDL) 14 requirements; 15 16 WHEREAS, while the City is currently coordinating with the U.S. Army Corps of 17 Engineers ("USAGE") and VMRC to reserve un-leased bottomlands for the Lynnhaven 18 River Basin Ecosystem Restoration project (the "Project"), it would be beneficial for the 19 City to have the capability to purchase oyster leases, or portions thereof, from lease 20 holders that are willing to sell; 21 22 WHEREAS, some of the areas that have been leased are ideal sites for the 23 construction of reef habitat; 24 25 WHEREAS, the City has been approached by multiple individuals who are willing 26 to transfer their leases to the City specifically for the Project. In addition, oyster leases 27 are periodically advertised as being for sale. However, once leases are on the market, 28 the delay in bringing individual transactions to City Council might cause the City to miss 29 opportunities to purchase the leases; 30 31 WHEREAS, the Project would benefit from the City Manager being authorized to 32 purchase such oyster leases as they became available to the extent agreements can be 33 reached and funds are available. All sales would be conditioned on the USACE 34 confirming each site meets the criteria for the Project; and 35 36 WHEREAS, funds for site acquisition are available in CIP #7-153, "Lynnhaven 37 Watershed Restoration." 38 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager, or his designee, is hereby authorized to execute 43 agreements with any holder(s) of a valid oyster lease for the transfer of such oyster 44 leases, and any other documents necessary for the transfer of such leases, to the 45 extent funds are available and in accordance with the Summary of Terms attached 46 hereto as Exhibit A and made a part hereof; and upon such other terms, conditions or 47 modifications as may be acceptable to the City Manager and in a form deemed 48 satisfactory by the City Attorney. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 51 , 2015. APPROVED AS TO LEGAL APPROV D AS TO CONTENT SUFFICIENCY AND FORM l � City Attorney P is 'forks Engineering/Water Resources CA13451 R-1 October 30, 2015 \\vbgov.com\dfs l\applications\citylawp rod\cycom 32\wpdocs\d022\p019\00237331.doc SUMMARY OF TERMS SELLER/TRANSFEROR: The holder(s) of any valid oyster lease of State-owned bottomlands issued by the Virginia Marine Resources Commission ("VM RC") PURCHASER/TRANSFEREE: City of Virginia Beach PURCHASE PRICE: To be negotiated with each leaseholder LOCATION: Within the Lynnhaven River and its tributaries and within the project area of the Lynnhaven River Basin Ecosystem Restoration Project being administered by the Army Corps of Engineers ("ACOE") OTHER TERMS AND CONDITIONS: 1. To the extent funds are available in CIP 7-153 "Lynnhaven Watershed Restoration." 2. Subject to approval of leasehold areas by ACOE and VMRC. 3. In accordance with the provisions of law governing the transfer of leases, as set forth in Va. Code §28.2-600, et seq. C n 11 1. �4 xs�i�l CJs '.moi) G �°r4a q J�J �Lw CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $460,000 to the Clerk of the Circuit Court for Technology Needs MEETING DATE: November 17, 2015 • Background: The Virginia Code imposes court technology fees upon the conviction of certain offenses, and the revenues from such fees are collected by the Commonwealth and made available to the Clerk of the Circuit Court for expenses related to technological needs and upgrades. The State Compensation Board approves this funding, and the City is paid on a reimbursement basis for purchases and/or ongoing system maintenance fees made for technology purposes. For FY 2015-16 the Clerk's Office has been approved for $460,000 in funding from the Technology Trust Fund. The funds will also go to support various technological needs and upgrades for the Clerk of the Circuit Court office for the remainder of the fiscal year. • Considerations: This appropriation will not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with State revenue offsetting the appropriation. • Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 4 i 1 AN ORDINANCE TO APPROPRIATE $460,000 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 NEEDS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $460,000 is hereby accepted from the Commonwealth of Virginia and 9 appropriated, with estimated state revenue increased accordingly, to the FY 2015-16 10 Operating Budget for the Clerk of the Circuit Court to support technological related needs 11 and upgrades. 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: Q.; 4 G ..( \a_da? JAI Budget an 9anagement Service City A •me 's Office ana CA13522 R-1 November 4, 2015 r-µa-5.. KYD) y J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Brad C. Hudgins to the Position of Assistant City Attorney MEETING DATE: November 17, 2015 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Brad C. Hudgins as an Assistant City Attorney, effective November 22, 2015. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney 'f\, City Manager: 1 A RESOLUTION APPOINTING BRAD C. HUDGINS TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Brad C. Hudgins is hereby appointed to 8 the position of Assistant City Attorney, effective November 22, 2015. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA13520 R-1 October 28, 2015 ,I, f;- ii [ 'err'l'.41A nlv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City Property known as Treasure Canal, located at the rear of 2305 Spindrift Road MEETING DATE: November 17, 2015 • Background: Lex Properties, LLC (the "Applicant") has requested permission to remove an existing bulkhead, wharf and boatlift, and construct and maintain timber bulkhead (143' long by 7' high), wharf (4' wide by 80' long), and boat lift (12' wide by 12' long), upon the City Property known as Treasure Canal located at the rear of 2305 Spindrift Road. There are similar encroachments in Treasure Canal, which is where the Applicant has 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 establishment of a 15-foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The Applicant has submitted a plan for establishing a 15-foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Disclosure Statement, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate k. ) PAD City Manager. k .k30.0-4. 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 7 TREASURE CANAL, LOCATED AT 8 THE REAR OF 2305 SPINDRIFT 9 ROAD 10 11 WHEREAS, Lex Properties, LLC has requested permission to remove an 12 existing bulkhead, wharf and boatlift, and construct and maintain timber bulkhead (143' 13 long by 7' high), wharf (4' wide by 80' long), and boat lift (12' wide by 12' long), upon the 14 City Property known as Treasure Canal located at the rear of 2305 Spindrift Road. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's Property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lex Properties, LLC, its heirs, 25 assigns and successors in title are authorized to remove existing bulkhead, wharf and 26 boatlift, and construct and maintain timber bulkhead (143' long by 7' high), wharf(4' wide 27 by 80' long), and boat lift (12' wide by 12' long), upon the City Property as shown on the 28 map entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, WHARF & 29 BOAT LIFT IN TREASURE CANAL", a copy of which is attached hereto as Exhibit A, and 30 on file in the Department of Public Works and to which reference is made for a more 31 particular description; 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are 34 expressly subject to those terms, conditions and criteria contained in the Agreement 35 between the City of Virginia Beach and Lex Properties, LLC (the "Agreement"), an 36 unexecuted copy of which has been presented to the Council in its agenda, and 37 subsequent to execution will be recorded among the records of the Clerk's Office of the 38 Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Lex Properties, LLC and the City Manager or his authorized designee execute 45 the Agreement. i 46 Adopted by the Council of the City of Virginia Beach, Virginia,on the day 47 of , 2015. CA13264 R-1 PREPARED: 10/21/15 00239468.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL F NCY ' ND FORM: PUBLIC WORKS, REAL ESTAe E CIT A Q'+ ID- ZZ1� 2 a. . YK•s i , • i.:40 '''";,••.va� '�• NX�. ,-,,,F-•:•:-. ---.4,,,, 1, " 1aGk��Pq` ...„,,i7,..„... q lj a < ' 4� $ ',A, , 4. ri M �� wr DISCLOSURE STATEMENT FOR 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 Compliance, Special Encroachment Request Nonconforming Use Exception for Changes Board of Appeals Zoning Floodplain Variance Rezoning Certificate of Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License,Agreement Wetlands Board 4 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • SECTION 1 / APPLICANT DISCLOSURE ❑ 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). ® APPLICANT NOTIFIED OF HEARING DATE: Vii; NO CHANGES AS OF DATE: ID/2,81 15 0 ID: REVISIONS SUBMITTED DATE: s , '''.;34-f.''.,,.,: 't, 9 -S *e 4.-...„,,,,'.19�3..aYi6L+aa.,�n�� ' axes, g,kw"� .,'h* ., # .r t` .qi,1, -w',—. ,,v a a '` #,s.;; ic_: Ude 4, other unincorporated organization, AND THEN, complete the fo` .E G` (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach li 't if ecessary) �� ilitopetz.)7. - .—t,iA)A)47 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applican ( ttach list if necessary) If See next page for information pertaining to footnotes.' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ►2.' 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, artners, etc. below: (Attach li t if necessary) POPeA1«1 VALI J/& u4f, (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. A m4 '',7,-;-,•'',..,,,-* '7,..i .g. a"^ted ""w+ ::447 '''' a 1- ,. �r^P 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 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatinca 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) 2-• ' ® Accounting and/or preparer of 40-0 ' your tax return :Eiiii, Architect/Landscape Architect/ —:3 Land Planner Contract Purchaser(if other than Q the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed FT EF purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Q x; Construction Contractors Engineers/Surveyors 1-1(L)k,17- t`!J i' - ' - LLC 2i/LTpAviD ILL i--61--//i.-- The he 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. .S°'x , "' 3 ly a 4, ''' ..r «.mow..y,�„�-�" a„�XG ' ... �4 ` f Y.1.7'''", 4,*:•q54 ",:". ra.,,,4, x ,.5l Financing (include current ., I ��(� mortgage holders and lenders ,�! �� "' ' , `_ _ selected or being considered to provide financing for acquisition or construction of the property) Legal Services 0 Real Estate Brokers /Agents for - current and anticipated future sales of the subject property 1 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El 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 an ublic body or committee in connection with this Application. (1k,11b6C") /4 IVA-WA'r , 24AS"APPUCA T'S SIGNATU' PRINT NAME DTE IA/01i ak 1440 jAy4y 6/g- PROPE TY OWNER'S ' ATURE PR NT NAME 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. J E J N clQp d2 WU- 0 § N•!': ZZ CL ♦ ':•, $ �Qo22ZN U aaZ o t U °q • z g O N o i w a n L LL od J 0cli 0 N 4 U 0_ • �' Q N CIJO Z OC OC ----- '' m +.0 % w U y W VI ` a 0 CA� G V - �T7.7.-� ad j M x WN •... V Irk •_ . a)n v w O CD al— 411111:i:- 4 U RI ---477-' � Q 44) OA Q O o CU Z ID CT CO Sit' i O 0 CC GC 4 _4J E 13 it 1 s •- + O. CO V) 0 in u o c M W N -- V 'o J a , . 11 _. g t kk! — ....! y ..".t. iv e`." 0 X CD CO 1 CO r __. U Om 0 -. 4r. JO* tis LA 'Mr mm.Y airs' .'- : Rx mei H 0 /(t GU0 ;r _ - = GOC . --T@,s. _ oni , N . 3 . '''.7s,,• d' i i i f: L IA V O C M W N .....• - U I �r '.. r J y ., VI + j air- L E : • F. a .' i 0 3.q a ;.+ y > t w !i/ii • • z V C.., ir---- , 0., %.,„...: /,..., ., 1 . 11 ,, , . , i, . . • ,• ••• • .. ......_ ,, � O O Sill . Ce Ce • • s -.a �^ i ' y .� R •+ VOm • 0 Ln ,; 4o u M W N 11 II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 29 day of cel`-r i431 CT by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LEX PROPERTIES, LLC, a Virginia limited liability company, ITS 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 240" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA., LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2305 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove existing bulkhead, wharf and boatlift, construct and maintain timber bulkhead (143' long by 7' high), wharf (4' wide by 80' long) and boat lift (12' wide by 12' long) collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY CANAL— NO GPIN REQUIRED OR ASSIGNED) GPIN 2409-09-6580 (2305 SPINDRIFT ROAD) 1 11 II 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 Treasure Canal 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 PROPOSED ENCROACHMENT OF BULKHEAD, WHARF & BOAT LIFT IN TREASURE CANAL," 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. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The 3 Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain 6 canopy trees (1.5"-2" caliper or large evergreen trees at 6"), 12 understory trees (3/4" — 1.5" caliper or evergreen trees at 4") and 18 small shrubs or woody ground cover (15"-18" wide) (the "Buffer"), to be planted fifteen (15) feet landward of the bulkhead near the southern property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 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 4 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 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. 5 IN WITNESS WHEREOF, the said LEX PROPERTIES, LLC, a Virginia limited liability company, has caused this Agreement to be executed by its Managing Members, Ryan Hannay and Stephanie Hannay, with due authority to bind said limited liability company. 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) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/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: 7 LEX PROPERTIES, LLC, 0o""" "" "',,., a Virginia limited liability company C� ,,o` NOT q�'••,, on. '�S2So: By: 3,q_,){ � 3 L)r 3'p�9FS9 Stephalie H %i''°6, ?0Managing Me���..•••'' a‘wi i1M11iji%..a'` °�� GIA aj'''% By: (c •i'• Ryan Hanna/ o , #, q9�:o Managing y� ber =z: S2SSs z ‘20rs STATE OF V( 2- JA CITY/COUNTY OF V t�2c-,k�.9i k ICtk to-wit: �'4q,N OF Vti ,,fir* /NNeNa The foregoing instrument was acknowledged before me this 301' day of , 2015, by Stephanie Hannay, Managing Member of LEX PROPERTIES, LLC, a Virginia limited liability company. ``%%au �aa,, �w , ,% .� 4o tGIA 41 '4,,. 1. Notary Public o T9�•tio NotaryRegistration Number:—152555 %` 74,0%6,ss9 ;� My Commission Expires: cci-. •t , 20t(o "''$9OF%VAP \,ess STATE OF VI �c,��. � A "' CITY/COUNTY OF\(i2s,t +-."A lea , to-wit: The foregoing instrument was acknowledged before me this 30 4 day of , 201a, by Ryan Hannay, Managing Member of LEX PROPERTIES, LLC, a Virginia limited liability company. o,,pkGtA+ ''4, ,�`'Z ° tior,((yo Notary Public oma: )S? a G : F SSSS i Notary Registration Number:—7 G7-S :1 o roAiq� My Commission Expires: ocx-, 31 -Lot co4 r20/6 :',� 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ► 4 iAF SIGNATURE : ' '. ' RMEYER, ASSOCIATE CITY ATTORNEY \10 - ZT2 - ‘(C DATE PUBLIC WORKS/ REAL ESTATE DEPARTMENT/ DIVISION 9 222s 70 BROAD BAY RD BUFFER REQUIREMENTS L_6753, SPINDRIFT RD �'--"""��-... PIN(FT R-2311. ;';.j 2154 SF OF BUFFER RESTORATION - l,�5, RESULTS FROM A 15'WIDE STRIP. R` lq. THE VDCR GUIDANCE MANUAL 50�; REQUIREMENT PER APPENDIX D, TABLE A: J �/� PROPERTY LINE 3 ✓� (6)CANOPY TREES @1.5"-2"CALIPER R Z1.�, OR LARGE EVERGREEN @6' (12)UNDERSTORY TREES SO40, `"" @3/4"-1.5"CALIPER : OR EVERGREEN @4' / (18)SMALL SHRUBS - PIN(F) OR WOODY GROUND COVER @15'-18' w1 I . 77 10' 0' 10' 20' 40' f..? #2305 PROPERTY LINE SCALE:1"=40' I4P BAY ISLAND SEC 2 LOT 241 r v N/F JON MCLEAN RIDDEL 2309 SPINDRIFT RD GPIN:24090955630000 DOC#20120613000655510 MB 48 PG 15 BAY ISLAND SEC 2 LOT 240 N/F LEX PROPERTIES LLC TREE BAY ISLAND SEC 2 LOT 239 2305 SPINDRIFT RD 1 N/F KEVIN GLADSTONE GPIN:24090965800000 2301 SPINDRIFT RD o MB 48 PG 15 IGPIN:24090984270000 o j DOC#20131227001463090 OTHERS 111111111'. I I MB 48 PG 15 EXISTING I INSTALL BUFFER 15'STRIP BULKHEAD PIER -.-15:_, _43.53'N I5^ MQORING ps 1 �!/1/lllllll//lll/l/l/: 55'3/.yy, o PILES-..,._ l/l/1/I/p; PROPOSED NNRF BULKHEAD 1 /I4!//,l/111////dill!::///{: 23' 1 W'HTNI 23' - _ Min- .__39__ -' • .._ _ SHOWN AS SO-LIB-LINES 80' 1 -/ �r ��WW ,a' MLW&MHW OTHERS EXISTING PIER TREASURE CANAL AT BULKHEAD BOATLIFT&RUBBLE PROPERTY OF VA BEACH CITY REVETMENT \ EXISTING BULKHEAD,WHARF&BOATLIFT TO BE REMOVED SHOWN AS PHANTOM LINES 32' - / CANAL CENTERLINE 11�LTH p�., rr`` MLW&MHW AT BULKHEAD \ ' v FAR SIDE OF CANAL BAY ISLAND SEC 1 LOT 56 .� _l� BAY ISLAND SEC i LOT 52 N/F ALBERT FISHER Q �!� 20F COMP SS CIRRIN 2240 WINDWARD SHORE DR )� GPIN: GPIN:24090981460000 0.SKdt r� GPIN:24090953200000 DB 1065 PG 180 DB 2203 PG 1417 BAY ISLAND SEC 1 LOT 55 MB 45 PG 37 )oDAVID KLEDZIaK MB 45 PG 37 N F DAVID DARROW 2244 WINDWARD SHORE DRIVE Lic. No.034674 BAY ISLAND SEC 1 LOT 53 GPIN:24090970550000 N/F DON MYERS DOC#200509020140924 iL 3/26/2015 2004 COMPASS CIR Illr BAY ISLAND SEC I LOT 54 MB 45 PG 37 GPIN:24090962200000 N/F WILLIAM BURRELL DOC#200207313010058 2248 WINDWARD SHORE DR `Ss'IONAL MB 45 PG 37 GPIN:24090950810000DB 3466 PG 1653 MB 45 PG 37 EXHIBIT A P'REP'ARED dY: MARINE ENGINEERING APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT 4212 DOUGHERTY CT LEX PROPERTIES LLC OF VIRGINIA BEACH, VA 23455 1624 LASKIN ROAD SUITE 736 BULKHEAD, WHARF & BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23451 IN TREASURE CANAL DATE: NOVEMBER 26, 2014 I I 27.25'TO BROAD BA yR0 BUFFER REQUIREMENTSL=s,.53. SPINDRIFT RD PIN(9-7/ R=2371 2154 SF OF BUFFER RESTORATION - RESULTS FROM A 15 WIDE STRIP. �``�-`. 4 THE VDCR GUIDANCE MANUALo lq. REQUIREMENT PER APPENDIX D, RVo TABLE A PROPERTY LINE (6)CANOPY TREES ( @1.5-2"CALIPER / OR LARGE EVERGREEN @6' l`4j�o (12)UNDERSTORY TREES R.� @314"-1.5"CALIPER OR EVERGREEN @4' (18)SMALL SHRUBS I OR WOODY GROUND COVER d - PIN(F) @15-18° Al jn/jjfjfd , 10' 0' 10' 20' 40' ' PROPERTY LINE :----I #2305 SCALE:1"=40' BAY ISLAND SEC 2 LOT 241 / IPP 3 JON MCLEARIDDEL 2309 SPINDRIFT RD GPIN:24090955630000 DOC#20120613000655510co it MB 48 PG 15 BAY ISLAND SEC 2 LOT 240 }1 r TREE N/F LEX PROPERTIES LLC 1 2305 SPINDRIFT RD BAY ISLAND SEC 2 LOT 239 o GPIN:24090965800000 N/F KEVIN GLADSTONE MB 183.PG'' 152301 SPINDRIFT RD GPIN:24090984270000 OTHERS i o DOC#20131227001463090 EXISTING ! INSTALL BUFFER 15'STRIPMB 48 PG 15 BULKHEAD BOATLIFT �\ 32PIER �"`�-...-,�RING \ ILE5\ 31 :1!/ry!lllllll////llll/l 1 7s' 75°ssarw 1 PROPOSED NEW BULKHEAD ////'- //l///lillai4l/!//!!!:! 0 2.3' WHARF&BOATLIFT aft" 23''"� /!//! SHOWN AS SOIIB{![VES\ L _ /`-.- 33_�_ r—7_-_—. • 80' 12' \—MLMWH MLW 8 MHW TREASURE CANAL AT BULKHEADOTHERS EXISTING PIER PROPERTY OF VA BEACH CITY \ BOATLIFT&RUBBLE \ EXISTING BULKHEAD,WHARF&BOATLIFT TO BE REMOVED REVETMENT \SHOWN AS PHANTOM LINES 32' \ '\ i CANAL CENTERLINE . LTH OF D MLW&MHW AT BULKHEAD es,. 43 BAY ISLAND SEC 1 LOT 52 FAR SIDE OF CANAL BAY ISLAND SEC 1 LOT 56 S......1 N/F COMPASSOPSCIR 22404 WINDWARD TARDSR � 2008 CIR WINDWARD SHORE DR GPIN:24090953200000 DB GPIN:24090981460000 Uo DAVID KLEDZNC MB 45 PG 37DB 2203 PG 1417 BAY ISLAND SEC 1 LOT 55 MB 4 1P G 37180 1 ic.-. No.034674 N/F DAVID DARROW 2244 WINDWARD SHORE DRIVE L BAY ISLAND SEC 1 LOT 53 1BAY GPIN:24090970550000 3/26/2015 i 2004 COMPASS CIR WF DONMYERS DOC#200509020140924 O GPW:2440 0962200000WILLIAMM BURRELL MB 45 PG 37 S ONAL � MB 45 200207313010058PG 322GPIN:ry 09 950D SHORE DR DB 3466 PG 1653 MB 45 PG 37 EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT LEX PROPERTIES LLC OF VIRGINIA BEACH, VA 23455 1624 LASKIN ROAD SUITE 736 BULKHEAD, WHARF & BOAT LIFT VIRGINIA BEACH, VA 23451 IN SHEET 1 OF 1 TREASURE CANAL DATE: NOVEMBER 26, 2014 J. PLANNING 1. JAMES O. HERTZ, JR., for a Subdivision Variance for property to the East side of Muddy Creek Road,North of the intersection with Drum Point Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. JOHN & RANDI VOGEL / HUNT CLUB FARM and A-1A, LLC / A-2, LLC, for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 3. PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non-Conforming Use re auto repair/sales at 5059 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. ONPOINT SECURITY ACADEMY, LLC and MADIX ASSOCIATES, LLC, for a Conditional Use Permit re a vocational school at 4604 Westgrove Court DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP., for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. SECOND SHOT, LLC and ALBERT VINCIGUERRA, for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. LUXURY AUTO RENTALS & SALES, LLC and MALIBU FLORIDA HOLDING, INC., for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES, for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 9. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Change of Zoning from AG-1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 10. M & K INVESTMENTS I,LLC, for a Conditional Change of Zoning from B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND the Zoning Ordinance to ESTABLISH the North End Overlay and set forth special regulations for the District b. Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 6—BEACH RECOMMENDATION: APPROVAL r .0°eic : yY o . i µ d , NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Flail Building, Municipal Center, Virginia Beach, Virginia,on Tuesday,November 17, 2015 at 6:00 PM,at which time the following applications will be heard: COUNCIL DISTRICT 7-PRINCESS ANNE JOHN & RANDI VOGEL / HUNT CLUB FARM A-1A, LLC/ A-2, LLC Application: Modification of Conditions of a Conditional Use Permit(Outdoor Recreation Facility) approved by City Council on December 2, 2014. 2356, 2388, 2412,2416&2427 London Bridge Road (GPINS 2405914155, 2405916438, 2405812185, 2405900607) COUNCIL DISTRICT 7-PRINCESS ANNE JAMES 0. HERTZ, JR. Application: Subdivision Variance (Section 4.4(b)&(d))Property located to the east side of Muddy Creek Road, north of the intersection with Drum Point Road (GPINS 2420064884, 2420263519) COUNCIL DISTRICT 4-BAYSIDE ONPOINT SECURITY ACADEMY, LLC/ MADIX ASSOCIATES, LLC Application:Conditional Use Permit (Vocational School) 4604 Westgrove Court (GPIN 1478450786) COUNCIL DISTRICT 5-LYNNHAVEN JIM GOLDEN & MELISSA TEXTOR Application: MARINA SHORES REPAIR CORP [Owner] Conditional Use Permits (Truck & Trailer Rentals, Bulk Storage Yard, Open Air Market)2865 Lynnhaven Drive (GPIN 1499389741) COUNCIL DISTRICT 2-KEMPSVILLE SECOND SHOT, LLC/ ALBERT VINCIGUERRA Application: Conditional Use Permit (Tattoo Parlor) 5759 Princess Anne Road (GPIN 1457948060) COUNCIL DISTRICT 5-LYNNHAVEN LUXURY AUTO RENTALS & SALES, LLC/ MALIBU FLORIDA HOLDING, INC Application: Conditional Use Permit (Motor Vehicle Sales & Repair) 3783 Bonney Road (GPIN 1487337843) COUNCIL DISTRICT 6-BEACH M & K INVESTMENTS I, LLC Application: Conditional Chanve of Zoning(B-2 and B-1 Business and R-7.5 Residential to 13-2 Community Business) 1081 and 1091 Norfolk Avenue (GPINS 2417540166, 2417543201,2417542185) COUNCIL DISTRICT 4-BAYSIDE PRICE HOLDINGS, LLC Application: Conditional Use Permit (Motor Vehicle Repair) Change in Non- Conforming Use (Motor Vehicle Sales)5059 Cleveland Street(GPIN 1467843424) COUNCIL DISTRICT 3-ROSE HALL JUMP TRAMPOLINE PARK/ GENERAL GROWTH PROPERTIES Application:Conditional Use Permit (Indoor Recreational Facility) 701 Lynnhaven Parkway (GPIN 1496461559) CITY OF VIRGINIA BEACH-(A) An Ordinance to Amend and Reordain Sections 102 And 200,and add a new Section 506,of the City Zoning Ordinance, establishing the North End Overlay Ordinance and setting forth Special Regulations for the District.(B)An Ordinance to Amend the Official Zoning Map by the Addition of the North End Overlay District. COUNCIL DISTRICT 7-PRINCESS ANNE PRINCESS ANNE MEADOWS, LLC/ FIVE MILE STRETCH ASSOCIATES, LLC;JAMES T.CROMWELL,SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. Application: Conditional Change of Zoning(AG-1 and AG-2 to Conditional R-10 Residential) 2800-2900 Block of Princess Anne Road(northeast side of Princess Anne Road, opposite the Virginia Beach National Golf Course (GPINS 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615, 1494481279, 1494482492, 1494485388, and a portion of 1485841210) Comprehensive Plan: Suburban Area [Princess Anne Corridor]. Proposal is for 85 single-family dwellings (density of 2.0 units per acre). All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385-4303. BEACON:NOVEMBER 1&8,2015 r 4„ COam% II CI I 0 CC yi ILI lit_ ,4 �W a 1 Z in W Q rizti c Z CI al w .µ 141 a, kia ..r M nl N N Kt 00 00 I Q N E t CC 1 0 N W 1 Z Q v apo 2 NAp a t� W o.:,- y, 1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES O. HERTZ, JR. [Applicant/Owner] Subdivision Variance (Section 4.4(b) & (d)) Property located to the east side of Muddy Creek Road, north of the intersection with Drum Point Road (GPINS 2420064884, 2420263519) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: November 17, 2015 • Background: The applicant desires to combine two parcels, totaling 15.735 acres. A subdivision variance is required because the resulting lot will not have frontage on a public street and will not have sufficient lot area outside of the Floodplain Subject to Special Restrictions. Considerations: The two existing parcels are undeveloped and primarily consist of marsh and water. Most of the area is within the Special Flood Hazard Area (AE flood zone). The western parcel contains 5.83 acres and was inadvertently created without direct access to a public street when the adjoining lots to the west were legally platted in 1981. Although the 1981 subdivision was done by legal plat, there was never a variance granted for this 5.83 acre residual parcel. Approval of this subdivision variance will allow the two parcels to be combined and legally platted, cleaning up the problems caused by the 1981 plat. The applicant does not plan to develop the site at this time. Any future development would be subject to the Special Flood Hazard Area regulations. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be substantially as shown on the submitted plan entitled "PRELIMINARY SUBDIVISION PLAT OF PARCEL "1" AND PARCEL "2" PROPERTY OF JAMES O. HERTZ & JACQUELYN W. HERTZ," dated July 09, 2015 and prepared by Fox Land Surveying. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. Hertz Page 2 of 2 • 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 Departmen City Manager�v . 1 II PRINCESS ANNE DISTRICT-CAW 1420069884 a 142 263519 JAMES 0.HERTZ,JR. A11A0-1 Red Head Bay October 14, 2015 Public Hearing a "0-2 IAO-2 APPLICANT & PROPERTY OWNER: JAMES O. HERTZ, A0-1 JR. X65 dB DNL AICUZ Subdivision Variance STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lots meet all the requirements of the Zoning Ordinance and Section 4.4 (d)of the Subdivision Ordinance which requires that a lot must have direct access to a public street. ADDRESS/DESCRIPTION: Property located east of Muddy Creek Road, 1,800 feet north of the intersection of Muddy Creek Road and Drum Point Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24200648840000 PRINCESS ANNE 15.735 acres Less than 65 dB DNL 24202635190000 $ • BACKGROUND / DETAILS OF PROPOSAL Existing Lots: The applicant desires to combine two parcels, totaling 15.735 acres. Both of the subject parcels are undeveloped and are mostly marsh and water. A majority of the parcels are located in the Special Flood Hazard Area (AE flood zone). The western parcel contains 5.83 acres and was inadvertently created without direct access to a public street when the adjoining lots to the west were legally platted in 1981. Although the 1981 subdivision was done by legal plat, there was never a variance granted for this 5.83 acre residual. This subdivision variance request will allow the two parcels to be combined and clean up the omission. The applicant does not plan to develop the site; however, should the site be developed in the future, the applicant is aware of the additional requirements that are involved as the site is located within the Special Flood Hazard Area. Proposed Lots: The proposed lot will not have any frontage along Muddy Creek Road and, therefore; is deficient in required lot width. Additionally, a majority of the proposed lot is located in the Special Flood Hazard Area(AE flood zone). Section 200(c)of the Zoning Ordinance states that any area located within a Floodplain Subject to Special Restrictions cannot be counted towards the required lot area. To address these deficiencies, variances are being requested to the following sections of the Subdivision Ordinance. JAMES O. HERTZ, JR. Agenda Item 11 Page 1 Required Proposed Lot Proposed Lot Actual (Section 200(c)) Lot Width in feet' 150 0 0 Lot Area in square 43,560 685,416 * 19,388 feet 1 Lot width is measured at the rear of the required front yard setback,not at the right-of-way. *Section 200(c)states that any area located in a Floodplain Subject to Special Restrictions pursuant to section 4.10 of the Floodplain Ordinance(Appendix K)shall not be included in determining minimum lot area requirements. i i )" i 414rF` \ ; m PARCELS TO BE COMBINEDAE 8 4 1LOT AREA (045ACRES) INCLUDED IN LOT AREA CALCINATION LOT AREA (15.285 ACRES) NOT INCLUDED IN LOT AREA CALCULATION 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped land SURROUNDING LAND North: • Undeveloped marsh/AG-1 Agricultural District USE AND ZONING: South: • Undeveloped marsh/AG-1 Agricultural District East: • Red Head Bay West: • Single-family home/AG-1 Agricultural District NATURAL RESOURCE AND The site is undeveloped. A majority of the site is marsh and water, CULTURAL FEATURES: and is located within the AE flood zone. The site is located within the Southern Rivers Watershed. JAMES 0. HERTZ, JR. Agenda Item 11 Page 2 COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. There is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp. 5-1 to 5-4) • • IMPACT ON CITY SERVICES There are no impacts to City Services expected with this request. • • Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. JAMES 0HE Z, JR. ^: Agendas tem 11 age 3 , . 4 • EVALUATION AND RECOMMENDATION The requested Subdivision Variance will allow the applicant to combine two parcels in order to create a 15.735 acre site. This proposal does not include any plans for development on the site and, therefore; this request is not expected to have any increase in density or intensity of the use. The site, which is predominately marsh and water, will remain in its natural state and consistent with the character of other sites located along Red Head Bay. Based on the considerations above, Staff believes there will be no adverse impacts on the adjacent properties and recommends approval of this request with the conditions below. 4 I, CONDITIONS 1. The site shall be substantially as shown on the submitted plan entitled "PRELIMINARY SUBDIVISION PLAT OF PARCEL"1"AND PARCEL"2" PROPERTY OF JAMES O. HERTZ& JACQUELYN W. HERTZ,"dated July 09, 2015 and prepared by Fox Land Surveying. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. NOTE:Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. JAMAS O. HERTZ, JR`-� Agendatem 11 °'11Dage 4 } ,,,,,,:::::_. .4i,,,, ),t : P co W o W y Y ' :It,"t 4N.4' :: '''''"; '.: , a_ 7 va • 4 r f ,f==,..=#4,,1= .'.. : , , 01,1: - i ,;,-1-..i.....*, ,,.. t ..e.,„;, .41 r `" _ ( :f a ; . X n ar ff7 - Q .�' s l' # a ' n �.tit - • � ��- :',Zi.'-'47.4.4--- Y S� r *.K AERIAL OF SITE LOCATION ;I JAMES O. HERTZ, JR. -. Agenda Item 11 Page 5 ` : - 4" s .4 t (II—, .-..........4...-••':',E.C..:4=' •••.•:: 1 • .•• =47..r).••••••••••yrow. •--• : I i , _._ -, ' . .4•••• • 1 1 ...• .., • • % i . . 6. •%.. $ .. 64 II I I . s. ill 11 t / .•••••- •••••. • I -*, . .la ill St % . .... _ cr)..-• ..- ir. • i 2 .1 t•• ...,ui • • •••7 cr ,. 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CI No • •Oen 1 ...,,...., ,..., ......,. ...,........„ -....................-....m........00s...- .............. PRELIMINARY SUBDIVSION PLAT JAMES O. HERTZ, JR. 5, Agenda Item 11 ,,. Page 6 fr) p 2._...,4,‘ .4 PRINCESS ANNE DISTRICT— GPINs2420064884&2420263519 JAMES O. HERTZ, JR. J AG-1 \ Red Head Bay d AG-2 cm AG-2 II AG-1 <65 dB DNL AICUZ i Subdivision Variance APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance DATE REQUEST ACTION 1 10/20/2015 NON (scheduled on the October 20, 2015 City Council meeting) Pending ZONING HISTORY JAMES O. HERTZ, JR. Agenda Item 11 Page 7 'UR t“,10�...% i II I * 4. Virginia ..: 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 g Appeals Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 /APPLICANT DISCLOSURE 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/Ail disclosures must be updated two 121 c eeks pi Tr te aoy Page 1 of 4 Plantng COrnmisslon and City Ccur.ui meet ng that pertains to the apphcatontsi 0 APPLICANT NOTIFIED OF HEARING DATE (� mu NO CHANGES AS OF DATE -0/05/2015 KIK //- q- a 4'i5 , 'l 0 REVISIONS SUBMITTED i DATE _J DISCLOSURE STATEMENT JAMES O. HERTZ, JR. Agenda Item 11 Page 8 -_0....,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) The Estate of James Otto Hertz,deceased • • (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Ix 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) James O.Hertz,Jr.and Cheryl Lynn Hertz,heirs (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 JAMES O. HERTZ, JR. Agenda Item 11 Page 9 i I _, iota 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If needed) EAccounting and/or preparer of your tax return LI ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than © the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors EJEngineers/Surveyors Fox Land Surveying 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 JAMES O. HERTZ, JR. Agenda Item 11 Page 10 Financing(Include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Sykes,Bourdon,Ahem&Levy,P.C. ❑ 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 boor committee in connection with this Application. U, / I James O.Hertz,Jr.,Executor 1/30J,5 A CANTS SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME f 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. DISCLOSURE STATEMENT JAMES O. HERTZ, JR. Agenda Item 11 Page 11 Item#11 James 0. Hertz,Jr. Subdivision Variance East side of Muddy Creek Road, north of the intersection with Drum Point Road District 7 Princess Anne October 14, 2015 CONSENT An application of James 0. Hertz,Jr.for a Subdivision Variance to Section 4.4 (b)of the Subdivision Ordinance which requires that lots meet all the requirements of the Zoning Ordinance and Section 4.4 (d) of the Subdivision Ordinance which requires that a lot must have direct access to a public street on property located east of Muddy Creek Road, 1,800 feet north of the intersection of Muddy Creek Road and Drum Point Road, District 7, Princess Anne. GPIN: 24200648840000; 24202635190000. CONDITIONS 1. The site shall be substantially as shown on the submitted plan entitled "PRELIMINARY SUBDIVISION PLAT OF PARCEL"1"AND PARCEL"2" PROPERTY OF JAMES 0. HERTZ&JACQUELYN W. HERTZ," dated July 09,2015 and prepared by Fox Land Surveying. 2. The above referenced subdivision plat must be submitted to the Planning Department, Development Services Center, for review and recordation. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 11. 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 11 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. t \\,Z" (j. .., i - ,,,N,, ,, cf) t /7 tr. 44 at IIIIIIM 1 s,‘NisN.. : 0 •...(6 �, \.....„__= -L ctrl - r,,t, Li ° C • % - I o *ft.‘., an A4,,, ci Q • UV / f CO p CC 1110. 01 te ca ak1 _ i,4' ISG 0 ;' ris o c N 4 41 It'tvgg --c M 03 10 N iiii: N rl ittgirl N N :111 t0 r (36 p 0 cc 4M N w w/ 1 wii h� c'; { �. t cc 1 1 "' 111 4 ,Q ,.� Z I ZLin 2 r Q VI CO `�31 i N 2 c Ai I MINI , i. rJ .r i SrJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN &RAND!VOGEL/HUNT CLUB FARM [Applicant] A-1A, LLC/A-2, LLC [Owner] Modification of Conditions of a Conditional Use Permit (Outdoor Recreation Facility) approved by City Council on December 2, 2014. 2356, 2388, 2412, 2416 & 2427 London Bridge Road (GPINS 2405914155, 2405916438, 2405812185, 2405900607) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: November 17, 2015 • Background: On December 2, 2014, City Council consolidated seven Conditional Use Permits for various recreational activities that had been previously approved for this site into one set of conditions. The conditions of this 2014 approval brought the site into compliance with all applicable building codes, fire and life safety regulations and zoning regulations. • Considerations: At this time, the applicant is requesting three changes as follows: (1) New Aviary in the Petting Farm- The applicant proposes to construct a 2,000 square-foot aviary within the Petting Farm. A wood-frame structure is proposed with walls constructed of a netted material. The structure will provide an area for patrons to interact with chickens, ducks, doves, parakeets and other birds. (2) Expanded operation of the Christmas Barn- The conditions approved on December 2, 2014, limit the Christmas Barn to be used for the Winter Wonderland Event between Thanksgiving and New Year's Day. The applicant desires to now also use the barn for events, parties, their summer camp program, and rest rooms. (3) Property to be added to the Use Permit- Since the previous approval, the applicant has purchased the adjacent parcel at 2416 London Bridge Road, and now wishes to include this parcel in the scope of the Use Permit. Further details pertaining to the site, 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: I i Vogel/Hunt Club Page 2 of 3 1. Except as modified by any of the conditions below, all conditions associated with the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall remain in full effect. 2. Condition number 2 of the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall be deleted and replaced with the following to include the addition of the aviary and restroom facilities within the Christmas Barn. The activities held on site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN- OVERVIEW OF FACILITIES AT HUNT CLUB FARM, MODIFICATION OF CONDITIONS, OCTOBER 14, 2015", (the "Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. 3. The structure, identified on the approved site plan as "Christmas Barn" shall continue to be used during the Winter Wonderland/Holiday Display as specified in Condition number 9 of the approval by the City Council on December 2, 2014. In addition, the structure shall be used in the operation of the Summer Camp and for occupancy during charity events and special events (as identified in Condition 15 of the December 2, 2104 approval). Prior to the structure being occupied for these additional uses, the applicant shall obtain a Certificate of Occupancy for the structure from the Planning Department, Permits and Inspections Division for each separate eventual use. 4. Two weeks prior to every charity event and special event, as described in Condition 15 of the approval on December 2, 2014, the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, Zoning Department, Current Planning Department, and Health Department. Notification shall be given by contacting the City of Virginia Beach, Resort Management Special Events Department. There shall be no fee or separate application process associated with this notification for the 24 events permitted per calendar year. Additionally, the applicant will appear before the Virginia Beach Special Events Task Force four times per year to inform the Task Force of all upcoming events in the coming months. [THIS CONDITION SHALL REPLACE CONDITION 16 OF THE APPROVED CONDITIONS FROM DECEMBER 2, 2104] • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Vogel/Hunt Club Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: ' 3133*(j.21— PRINCESS ANNE DISTRICT-231,2400,Ulla 2430 John&Randi Vogel/Hunt Club Farm D1 30ROON*201040 ROAD -err October 14, 2015 Public Hearing A43.1 '75 dB DNL AICD APPLICANTS: JOHN & RANDI VOGEL/ HUNT CLUB FARM SITE R-ao AG-2 b2 , 5 DNL Cuz• PROPERTY OWNERS: pi, i 446., R-20 R40 A-1 A, LLC, A-2, b.,. R-10 "R-10 ,0, b2 R-20 %), ...: . R-7.s I_ R�° LLC & JOHN & Modification of Conditions RANDI VOGEL STAFF PLANNER: Kevin Kemp REQUEST: Modification of the Conditions of a Modification of a Conditional Use Permit approved by the City Council on December 2, 2014. ADDRESS/DESCRIPTION: 2388, 2400, 2412 &2416 London Bridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24059006070000 PRINCESS ANNE 45.5 acres 70-75 dB DNL 24058121850000 Greater than 75 dB DNL 24059141550000 24059164380000 APPLICATION HISTORY: The Planning Commission deferred this application on September 9, 2015 for the purpose of providing the applicant an opportunity to meet with adjacent property owners regarding concerns with the gravel driveway. It is Staffs understanding that this issue has been resolved. • BACKGROUND / DETAILS OF PROPOSAL Background /Details On December 2, 2014, the City Council approved a Modification of all seven of the previously approved Conditional Use Permits on the subject property. The purpose of this Modification was to have one set of John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 1 conditions that accurately addressed the entire scope of operations at Hunt Club Farm. This was necessitated due to the increase in intensity and frequency of events over the past several years. The 26 conditions approved with that application (shown on pages 6 and 7 of this report)were composed following a series of meetings and extensive input from numerous City agencies. The conditions of the 2014 approval brought the site into compliance with all applicable building codes, fire and life safety regulations, and zoning regulations. The applicant desires to expand the scope of the operation; and therefore, this Modification of Conditions application is required. There are three specific requests included with this application: (1) New Aviary in the Petting Farm-The applicant proposes to construct a 2,000 square-foot aviary within the Petting Farm. A wood-frame structure is proposed with walls constructed with a netted material. The structure will provide an area for patrons to interact with chickens, ducks, doves, parakeets and other birds. (2) Expanded operation of the Christmas Barn-The conditions approved on December 2, 2014, limit the Christmas Barn to be used for the Winter Wonderland Event between Thanksgiving and New Year's Day. The applicant desires to use the barn for events, parties, their summer camp program, and rest rooms. The proposed alteration of the Christmas Barn will change its classification per the Building Code; as such, a condition is recommended with this application that ensures the structure will have all applicable building permits prior to being occupied.Additionally, bathroom facilities will be added to the Christmas Barn. (3) Property to be added to the Use Permit-Since the previous approval by the City Council, the applicant has purchased the adjacent parcel at 2416 London Bridge Road, and now wishes to include this parcel in the scope of the Use Permit. A portion of this parcel is used to accommodate the Haunted Hayride attraction during the Halloween Event. The remainder of the parcel is used as a pasture area for the applicant's horses. There are no physical changes proposed to this parcel with this application. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Petting farm and agriculturally related recreational event venue SURROUNDING LAND North: • Equestrian facility/AG-1 Agriculture District USE AND ZONING: South: • London Bridge Road • Single-family homes/ R-20& R-10 Residential Districts East: • Single-family homes/ PD-H2 (R-5D) Planned Development District West: • Wooded area and single-family homes/AG-1 &AG-2 Agriculture District NATURAL RESOURCE AND A majority of the site is an undeveloped grass and wooded area. CULTURAL FEATURES: There are several structures on the site including residential dwelling units, a commercial kennel, barns, a greenhouse, and other miscellaneous accessory structures. There is a small gravel parking area located near the entrance along London Bridge Road. John & Randi Vogel / Hui#CIu'b F 5.° 'Y '',, Agenda Item Dl Page 2 There do not appear to be any significant natural resources associated with the site. Hunt Club Farm is a unique attribute to the City, as it provides an agriculturally based entertainment venue in an area that has largely been transformed by suburban development. Hunt Club Farm was started over 40 years ago and has continually grown in scope of operation and popularity. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship with surrounding uses. (pp. 3-1, 3-2) 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four-lane minor suburban arterial. There are currently no Capital Improvement Program projects for this section of London Bridge Road. The Master transportation Plan indicates a future right-of- way width of 100 feet containing a divided highway with bike path. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume No Change is expected from London Bridge Road 27,592 ADT 28,200 ADT I(LOS 2"C") the existing use. Exact ADT 30,600 ADT (LOS "D") cannot be determined, as the size of events vary. Average Daily Trips 2 LOS=Level of Service WATER: This site currently connects to City water via an existing 5/8" meter(City ID#95058864)and an existing 1" meter(City ID#95049592). There is an existing 10" City water line within London Bridge Road and an existing 8" City water line within Weybridge Drive. SEWER: This site lies within two pump station service areas, #643 and #606. This site currently uses a private force main and connects to City sewer within pump station service area#606. There is an existing 8" City gravity sanitary sewer main within Weybridge Drive. 4John & Randi Vogel I Huh:KWh Fa ms Agenda Item;Dl Page 3 EVALUATION AND RECOMMENDATION The proposed modifications to the conditions approved by the City Council on December 2, 2014, in Staffs opinion, will have a minimal impact to the existing operation of Hunt Club Farms. The proposed aviary is consistent with the activities available at the Petting Farm, and is not expected to increase the intensity of the use of the property. The other additions proposed with this application are within the existing Christmas Barn, and will only improve the operation of the facility. The use of the site will not change and remains consistent with the Comprehensive Plan's Land Use policies for the Suburban Area and with the AICUZ restrictions in Article 18 of the Zoning Ordinance. Condition 16 of the December 2, 2014 approval states, "For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department." Since the approval in 2014, several events have been held at the site and Staff has had the opportunity to evaluate compliance with this condition. It is Staffs observation that the applicant has failed to notify all applicable agencies on several occasions, and Staff has subsequently received complaints, particularly from the Police Department, Fire Marshal Bureau, and Health Department. As these agencies deal directly in life safety, Condition 4 is recommended to replace Condition 16 of the 2014 approval to more specifically identify the expectations of City Staff. In sum, except as modified by any conditions listed below, the conditions of the approval on December 2, 2014 will remain in full effect. Condition number 2 of the December 2 approval will be modified to include bathroom facilities that will be located within the Christmas Barn and the proposed aviary structure. A condition will be added to specify the expanded activities that are proposed within the Christmas Barn. A condition will also be added to further specify the process of notification that the applicant will be required to complete prior to each charity fund raiser and special event. With these modified and new conditions, Staff recommends approval of this application. 4 • CONDITIONS 1. Except as modified by any of the conditions below, all conditions associated with the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall remain in full effect. 2. Condition number 2 of the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall be deleted and replaced with the following to include the addition of the aviary and restroom facilities within the Christmas Barn. The activities held on site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN-OVERVIEW OF FACILITIES AT HUNT CLUB FARM, MODIFICATION OF CONDITIONS, OCTOBER 14, 2015", (the"Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. 3. The structure, identified on the approved site plan as"Christmas Barn" shall continue to be used John & Randi Vogel / HuntClub Farms Agenda Item D1 Page 4 during the Winter Wonderland/Holiday Display as specified in Condition number 9 of the approval by the City Council on December 2, 2014. In addition, the structure shall be used in the operation of the Summer Camp and for occupancy during charity events and special events (as identified in Condition 15 of the December 2, 2104 approval). Prior to the structure being occupied for these additional uses, the applicant shall obtain a Certificate of Occupancy for the structure from the Planning Department, Permits and Inspections Division for each separate eventual use. 4. Two weeks prior to every charity event and special event, as described in Condition 15 of the approval on December 2, 2014, the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, Zoning Department, Current Planning Department, and Health Department. Notification shall be given by contacting the City of Virginia Beach, Resort Management Special Events Department.There shall be no fee or separate application process associated with this notification for the 24 events permitted per calendar year. Additionally, the applicant will appear before the Virginia Beach Special Events Task Force four times per year to inform the Task Force of all upcoming events in the coming months. [THIS CONDITION SHALL REPLACE CONDITION 16 OF THE APPROVED CONDITIONS FROM DECEMBER 2, 2104] 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. John & Randi Vogel / Huti Club Firma,. Agenda Item D1 Page 5 II Conditions of December 2, 2014 Modification to a Conditional Use Permit 1. All conditions attached to the Conditional Use Permits granted by City Council on October 22, 1991, May 23, 2000, November 9, 2004, July 8, 2008, and subsequent Modification of Conditions granted on November 14, 2006 and October 23, 2007, are hereby deleted and superseded by the following conditions. 2. The activities held on the site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN," (the"Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. [REQUESTED FOR MODIFCATION TO INCLUDE NEW AVIARY& RESTROOM FACILITIES IN "CHRISTMAS BARN"] 3. The Petting Farm hours of operation shall be 8:00 a.m. to sunset. The sale of petting farm admission, animal feed, and other agriculturally related products shall be permitted in the adjacent shed building, identified as"Barn" on the submitted site plan. 4. The Farm Market hours of operation shall be 7:00 a.m. to 8:00 p.m., with the following exceptions. During the Halloween Event, the Farm Market hours of operation shall be 7:00 a.m. to 11:00 p.m. During the Winter Wonderland Event, the Farm Market hours of operation shall be 7:00 a.m. to 9:00 p.m. Items sold at the Farm Market shall be those included in the"Background/ Details of Proposal" section of this report. 5. The Halloween Event shall be in operation from the last week in September through the first week in November. The event shall be limited to a maximum of 25 nights. The hours of operation shall be 6:30 p.m. to 11:30 p.m., and ticket sales shall stop at 10:00 p.m.The activities included with this Event shall be as described above in the"Background/ Details of Proposal" section of this report. 6. The Fire Prevention Bureau shall inspect the site and all areas and structures associated with the Halloween Event each year, prior to the Event beginning on October 1St 7. The Fall Harvest Fair shall be in operation from the last week in September through the first week of November. The hours of operation shall be 9:00 a.m. to 6:00 p.m.The activities included with this Event shall be as described above in the"Background/ Details of Proposal" section of this report. 8. The Annual Children's Fall Harvest Party shall be held each year on the next to last Sunday in October. The hours of operation shall be 11:00 a.m. to 4:00 p.m. The activities included with this Event shall be as described above in the"Background / Details of Proposal" section of this report. 9. The Winter Wonderland/ Holiday Display shall be in operation between Thanksgiving and December 31st. The hours of operation shall be 9:00 a.m. to 9:00 p.m. The activities included with this Event shall be as described above in the"Background/ Details of Proposal" section of this report. The holiday display shall be located in the barn identified as "Christmas Barn" on the submitted site plan. The applicant shall contact the Planning Department, Permits& Inspections Division and the Fire Marshal Bureau to ensure the barn complies with all applicable life safety and building code requirements. 10. The Easter Egg Hunt shall be held each year on the Saturday and Sunday of Easter weekend. The hours of operation shall be 9:00 a.m. to 6:00 p.m.The activities included with this Event shall be as described above in the "Background/ Details of Proposal" section of this report. John & Randi Vogel / Hunt Club Fame Agenda Iteni D1 Page 6 11. The Summer Fun Camp shall be in operation from June through August. The hours of operation shall be 9:00 a.m. to 5:00 p.m. The activities included with this Event shall be as described above in the"Background/ Details of Proposal" section of this report. 12. The Farm Tours and Field trips shall be operated as described in the"Background / Details of Proposal" section of this report. No more than 250 people shall be scheduled to arrive within a 30 minute period. 13. The activities and operation included with the birthday parties held on site shall be as described in the"Background/ Details of Proposal" section of this report. 14. Company,family and military picnics shall be held between March and December. The picnics shall be limited to Sunday through Thursday, from 10:00 a.m. to 11:00 p.m. and Friday and Saturday,from 10:00 a.m. to 11:00 p.m.The activities included with the picnics shall be as described above in the"Background/ Details of Proposal" section of this report. 15. Charity fundraisers and Special Events shall be limited to no more than 24 events, other than those specified with this Use Permit, per year.These events shall be limited to Sunday through Thursday, 10:00 a.m. to 9:00 p.m., and Friday and Saturday, 10:00 a.m. to 11:00 p.m.The activities included with these events shall be as described above in the"Background/ Details of Proposal" section of this report. 16. For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. [REQUESTED TO BE REPLACED WITH CONDITION 4 OF THIS APPLICATION] 17. Traffic and parking management during events generated a high volume of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, shall operate as depicted on the submitted Site Plan and as detailed in the"Traffic Management" portion of the "Evaluation and Recommendation" section of this report. 18. A certified Police Officer and certified traffic monitors shall assist with traffic control during events that generate high volumes of traffic, including but not limited to the Halloween Event,Winter Wonderland Event and Easter Egg Hunt, and events that use the additional "overflow parking" area as shown on the submitted site plan. 19. Two handicap spaces shall be provided in the gravel parking area adjacent to the Farm market, as per the submitted site plan. These spaces shall comply with all ADA requirements. 20. The temporary curb cut to London Bridge Road shall be restricted to passenger vehicles only and shall meet ADA requirements.The temporary curb cut shall be egress only and shall be limited to a right-out onto London Bridge Road. 21. A legal agreement shall be maintained with the owner of the adjacent property(GPIN# 24058121850000), for the use of the property as "Additional Overflow Parking". 22. All structures used to accommodate events or where people congregate, including the"Barn", "Farm Market", "Village of the Dead", "Camp Clubhouse", "Greenhouse" and "Christmas Barn", shall obtain all required permits from the Planning Department, Permits and Inspections Division, and the Fire Marshal Bureau. These City agencies shall be consulted to determine the permits that are required. f . John & Randi Vogel I Hunt Faris. Agenda Item D1 Page 7 23. All required permits, certificates of occupancy and improvements necessary to comply with the building code, as detailed in the"Building Code" portion of the"Evaluation and Recommendation" section of this report, shall be obtained/completed by the applicant. The applicant shall acquire all necessary permits and certificates of occupancy from the Planning Department, Permits and Inspections Division. The Permits and Inspections Division shall verify compliance with the building code upon completion of required work or when a permit is ready to be finaled. 24. An Operations Plan shall be drafted and established for the overall operation of Hunt Club Farm, as well as more detailed operation plans for each of the facilities used on site.A copy of the plan shall be submitted to the Planning Director and the Fire Marshal Bureau. 25. The applicant shall comply with all life and fire safety measures as detailed in the"Life Safety" portion of the"Evaluation and Recommendation" section of this report. The applicant shall verify compliance with the Fire Prevention Bureau. 26. There shall be no weddings or Change of Command ceremonies held on the site. � fii �Yn John & Randi Vogel / HunKlub Fa ms Agenda Iterr D1 Pane 8 • I ! % ( /. ?' l ( ` n` 1 tLI!o >'/ i'V J/f •(, ' O t' t J .t, F- QZ2 1 1f � t,` J. -I w 0 � , , , ' p0� • _ ,, ',5 Q 0 a `°il+ t 7 `ypQ-��� �,- alt . . /Q Z . / 't j. L• � r • ., / i� ./ ` ( - f I f i , / yr i . _ , ,':. 1 j v • ./: ti. r / c f •/ r S� s _ fie. , ,, • O " '1 ) ' ¢ '► ' t, _ E I . t: f ; r . '/1 .r , 1 1 / t dii j. AERIAL OF SITE LOCATION t John & Randi Vogel / Hunt Club Farms r, Agenda Item D1 g Page 9 i" g . O �' s. ti • QW i • 1 \\ / ; wi 50 5yitl L. LLI co W 1 `i wo ' i CO Z x I ,1 c' u, 0Qj PRINCESS ANNE DISTRICT— 2388,2400,2412&2416 John & Randi Vogel / Hunt Club Farm LONDON BRIDGE ROAD ,Y AG-1 >75 dB DNL AICU .•:\ . IA O. ifts Waft ... AG-2 /11111‘.1SITE d- 5D f F Z s•F, AG-2 B-2 r ion r,,, R-20 _ I `t 5 DNL CUA o,, ao R-20 r �,� >�W R-5D .4 a R-5 D \R-10 R-10 .• B-2 R-20 Be q.° 9 Mb - R-7.5 R-5D r� - Modification of Conditions APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR Floodplain Compliance n Variance REZ=Rezoning NON=Nonconforming Use CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 12/02/2014 MOD (Modification of CUPs granted on 10/22/1991, 05/23/2000, Approved 11/09/2004, 04/12/2005, 11/14/2006, 10/23/2007 & 07/08/2008) 07/08/2008 CUP(Indoor and Outdoor Recreation Facility) Approved 11/14/2006 MOD (Modification of CUP granted 10/11/2006) Approved 04/12/2005 SVR Approved 11/09/2004 CUP (Outdoor Recreation Facility) Approved 05/23/2000 CUP(Outdoor Recreation Facility) Approved 04/14/1992 CRZ(AG-2 to Conditional B-2) Approved 10/22/1991 CUP (Outdoor Recreation Facility) Approved ZONING HISTORY John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 11 NIB 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, usiness,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or OF CITY USE ONLY/All disclosures must be updated ran f'�xeeks pr,a to any Page 1 of 4 1 Planning Commission and Coy Conncrl meeting that pertains to the applicauon(s) 0 APPLICANT NOTIFIED OF HEARING DATE 0/05/2015-KKK I Mb NO CHANGES AS OF DAD J 'I/v/5-4/4. REVISIONS SUBMITTED DATA DISCLOSURE STATEMENT John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 12 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) , y Hat(IA b et, . Axt; 1-t,t(2-YYI ,Jo hit V4)'-)t! i 1)1 S��t v tf- � CU�C(i\''`'`P2--' via Pt • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1-10 t-C Lu1> 1C('.itr el. -ri t 1V c k?L, 41-111.ti. ,�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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 2 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) -i.a �. - 4- -z (,'w'i�e(kA t--u� 'S, -I� (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) nir_ 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 John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 13 I I Virginia Beach 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) n El Accounting and/or preparer of 8jt1Yt(Lv1 Doo-n, ))'eS t jil your tax return1�(Lt Silt/)er EArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than nthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed L ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IxConstruction Contractors 1.-c nEngineers/Surveyors naa.t R-M ( +ef 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 John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 14 n Virginia Beach Financing(include current ,Fixik)� ai K �i:rN�4- F - mortgage holders and lenders �w eAr b 'A1 '2 I/� selected or being considered to Toe,o - C(ed` provide financing for acquisition N,�.t.n01 VI lyflf or construction of the property) V n Legal Services kalcc tt k,vers Cha S' Ccu'I fa s n i s Vsior,, 1 L xi 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 ❑ R 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 meetin of anygpubli body or committee in connection with this Application. '4 t._, rtit, E. V;ff1 (�; 3015_ APPLICANT'S SIGNATUIt PRINT NAME DATE John D. ti`c.-Sel L, �/u PROPERTY O EL'S SIGNA RE PRINT NAME f DATE / / v 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 John & Randi Vogel / Hunt Club Farms Agenda Item D1 Page 15 Item D1 John & Randi Vogel/ Hunt Club Farm Modification of Conditions 2356, 2388, 2400, 2412, 2416&2427 London Bridge Road District 7 Princess Anne October 14, 2015 CONSENT An application of John& Randi Vogel/ Hunt Club Farm for a Modification of the Conditions of a Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 on property located at 2388, 2400, 2412 &2416 London Bridge Road, District 7, Princess Anne Road. GPIN: 24059006070000; 24058121850000; 24059141550000; 24059164380000. CONDITIONS 1. Except as modified by any of the conditions below, all conditions associated with the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall remain in full effect. 2. Condition number 2 of the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall be deleted and replaced with the following to include the addition of the aviary and restroom facilities within the Christmas Barn. The activities held on site shall operate in the locations and facilities as depicted on the submitted site plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN-OVERVIEW OF FACILITIES AT HUNT CLUB FARM, MODIFICATION OF CONDITIONS,OCTOBER 14, 2015", (the "Site Plan") dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. 3. The structure, identified on the approved site plan as"Christmas Barn" shall continue to be used during the Winter Wonderland/Holiday Display as specified in Condition number 9 of the approval by the City Council on December 2, 2014. In addition,the structure shall be used in the operation of the Summer Camp and for occupancy during charity events and special events(as identified in Condition 15 of the December 2, 2104 approval). Prior to the structure being occupied for these additional uses,the applicant shall obtain a Certificate of Occupancy for the structure from the Planning Department, Permits and Inspections Division for each separate eventual use. 4. Two weeks prior to every charity event and special event, as described in Condition 15 of the approval on December 2, 2014, the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, Zoning Department, Current Planning Department, and Health Department. Notification shall be given by contacting the City of Virginia Beach, Resort Management Special Events Department.There shall be no fee or separate application process associated with this notification for the 24 events permitted per calendar year. Additionally,the applicant will appear before the Virginia Beach Special Events Task Force four times I I i I Item D1 John & Randi Vogel/ Hunt Club Farm Page 2 per year to inform the Task Force of all upcoming events in the coming months. [THIS CONDITION SHALL REPLACE CONDITION 16 OF THE APPROVED CONDITIONS FROM DECEMBER 2, 2104]. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item D-1. 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 D-1 by consent. Bill Gambrell appeared before the Commission on behalf of the applicant. i ,I1 i [ 1 41111..... 111.NIMilb fir (lo) ,;,,I ..R. ir , '.,79 f; • -,, ,. „ ... ...., Ur 1 1 m1e I .10 'R 1 L c«, 3 4,1) z Z -.. It C:i il•Mil•OS 7 W 1111111/ ell --,,AIMMIIIMIIIMML 1 ._ lizi 144-40f 1,1 ollSii 4r nN]Av A]sH] r ,Y. Ai: ] gi ci ...., 0 LU LU I c) _41. ic.. ... < -,...... a. I 1 1 0 LU —.I ..t.' L., , i ! j 14.1 A 1 ' 0 ' , z 4144 III .............b.....................::......"'I.....]n0 1 Lu 0 NM = C o mi. 0 i5 62 til C Ci 4: .... . c..) uu F -LI . ... °troll i j 073n,rt .14104 ilA A 5.1 , WWI ilijral0f4i Ir:::1 1 1114, . iliP: CZ .. cri wail ul 0 Z I CZi : V' Cilib .. Ns 1.1.1 140 , / I Ilim I . . . iC 7 CC `LL'Oy �j�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRICE HOLDINGS, LLC [Applicant/Owner] Conditional Use Permit (Motor Vehicle Repair) Change in Non-Conforming Use (Motor Vehicle Sales) 5059 Cleveland Street (GPIN 1467843424) COUNCIL DISTRICT—BAYSIDE MEETING DATE: November 17, 2015 • Background: Price's Transmission and motor vehicle sales business is currently located in the one-story building on the northern portion of the subject site. A garden center occupies the two-story building on the south side of the property. Several smaller outbuildings are also existing. These businesses have been in operation for 38 years at this location. The site is zoned I-1 Industrial District and the auto sales and garden center are nonconforming uses. • Considerations: The site is being impacted by the Witchduck Road Phase II project. The applicant desires to remain in business at this location and has designed a site plan that will accommodate the road project, allow for the continuation of the auto repair garage and motor vehicle sales and significantly improve the appearance of the property. The garden center use will be removed from the site. Further details pertaining to the site and building renovations, 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the submitted, undated, site plan entitled, "Price's Transmission," prepared by Pennoni Associates. 2. The building renovations shall be substantially in keeping with the submitted architectural renderings dated July 7, 2015 and prepared by ionic dezign studios. 3. Any new freestanding sign shall be monument style with a maximum height of eight feet. 4. A detailed landscape plan shall be submitted to the DSC Landscape Architect for review and approval prior to issuance of a Building Permit. Price's Holdings, LLC Page 2 of 2 5. The floor of the motor vehicle repair facility should be washed down daily or weekly into a drop inlet leading to an oil-water separator before entering the City's sanitary sewer system. Effluent from the oil-water separator must not be channeled into the City's storm drainage system because of its unknown chemical content. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Resolution Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme City Manager: ' I I 1 A RESOLUTION AUTHORIZING THE RELOCATION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 5059 CLEVELAND STREET 4 5 WHEREAS, Price's Holdings LLC, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to relocate a nonconforming use located 7 at 5059 Cleveland Street in the I-1 Industrial Zoning District by relocating the motor 8 vehicle sales currently on the property; and 9 10 WHEREAS, this lot currently contains motor vehicle sales, which is not an 11 allowed use in the I-1 Industrial Zoning District; and 12 13 WHEREAS, the use was established prior to the adoption of the applicable 14 zoning regulations and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on October 14, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 20 of a nonconforming use is unlawful in the absence of a resolution of the City Council 21 authorizing such action upon a finding that the proposed use, as relocated, will be 22 equally appropriate or more appropriate to the zoning district than is the existing use. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use of the lot, as relocated, 28 will be equally appropriate to the district as is the existing nonconforming use under the 29 conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the relocation of the nonconforming use is hereby authorized, upon the 35 following conditions: 36 37 1. The site shall be developed substantially in conformance with the 38 submitted, undated, site plan entitled "Price's Transmission," prepared by 39 Pennoni Associates. Said plan has been exhibited to the City Council and 40 is on file in the City of Virginia Beach Planning Department. 41 42 2. The building renovations shall be substantially in keeping with the 43 submitted architectural renderings dated July 7, 2015 and prepared by 44 ionic dezign studios. Said renderings have been exhibited to the City 45 Council and are on file in the City of Virginia Beach Planning Department. 46 I I I 47 3. Any new freestanding sign shall be monument style with a maximum 48 height of eight (8) feet. 49 50 4. A detailed landscape plan shall be submitted to the Development Services 51 Center Landscape Architect for review and approval prior to the issuance 52 of a building permit. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Is '�i1 .LL� A ._ � ��-� 4Planning D: partment i i tt• ney' Office CA13511 R-1 October 21, 2015 2 BAYSIDE DISTRIC7-sos9 atvsurmsrun PRICE'S HOLDINGS,LLC 8 1-1 �+ r "' „ "' October 14, 2015 Public Hearing <65 dB©NL AICUZ � , --�_ e ,..-' CLEVELAND STREET APPLICANT & PROPERTY I - OWNER: �r j/srr ,a ,. PRICE'S i 1 HOLDINGS, LLC W C` ", — -- SOUTHERN BOULEVARD _ ^w'"'^ Conditional Use Permit(Moto(Vehicle Soles&Repair) STAFF PLANNER: Karen Lasley REQUEST: A. Conditional Use Permit(Automobile Repair Garage) B. Change in Nonconforming Use(Motor Vehicle Sales) ADDRESS/DESCRIPTION: 5059 Cleveland Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678434240000 BAYSIDE 35,303 square feet Less than 65 dB Ldn 4 • BACKGROUND / DETAILS OF PROPOSAL Background Price's Transmission and motor vehicle sales business is currently located in the one-story building on the northern portion of the subject site. A garden center occupies the two-story building on the south side of the property. Several smaller outbuildings are also existing. These businesses have been in operation for 38 years at this location. The site is zoned I-1 Industrial District and the auto sales and garden center are nonconforming uses. The site is being impacted by the Witchduck Road Phase II project. The applicant desires to remain in business at this location and has designed a site plan that will accommodate the road project and allow for the continuation of the auto repair garage and motor vehicle sales. The garden center will be removed from the site. PRICE'S HOLDINGS, LLC Agenda Item 8 Page 1 Details A summary of the proposal follows: • Approximately 1,500 square feet of the northern, one-story garage and the awning along Cleveland Street will be removed to accommodate the Witchduck Road Phase II project. The remaining building will be renovated with new bay doors, windows, a new roof, a customer entrance, lighting, signage, and a new exterior finish. The automobile repair garage will be located in this renovated building. • Six repair bays are proposed in the one-story building. • The exterior of the one-story building will be significantly improved. Currently, the block building is painted red, white and blue in a stripe pattern. The proposed elevations show grey block with red metal accents and metal canopy trim. Upgraded lighting, doors and windows will be added. • The 1,200 square foot greenhouse and three other small outbuildings will be removed from the site. • The two-story southern structure will be renovated to accommodate the motor vehicle sales business and headquarter offices for Price's Transmission. • The front entry porch will be removed from the two-story building. A new door, windows, signage, and decorative lighting will be added. Finishes will include red metal panel and silver metal panel. Submitted architectural renderings show that this building will be significantly upgraded. • Approximately 16 parking spaces are shown for the display of motor vehicles offered for sale. • Thirty-four parking spaces will be provided for staff and customers. • There will be one 30 foot wide entrance on Witchduck Road. • The Witchduck Road Phase II project will provide improvements on Denn Drive to include a 30 foot wide pavement section off Cleveland Street. The chain link fence will be removed and the existing utility pole and sign will be relocated. Finally, the project will provide a"No Left Turn" sign at this location to ensure Denn Drive is a right-in/right-out only. The subject site is permitted to have an entrance off Denn Drive which needs to be 18 feet wide for a one-way or 30 feet wide for a two-way entrance. • The existing free standing sign will be acquired with the road project.A new freestanding sign is desired. One 32 square foot freestanding sign is permitted for this property. • The right-of-way acquisition leaves approximately 25 feet of private property between the one- story building and Cleveland Street. This area is currently paved and used for parking. It is the applicant's intent to landscape this area. This private landscaping, along with the landscaping to be installed in the right-of-way with the road project, will result in a greatly improved streetscape. The submitted site plan also shows landscaping along Witchduck Road and a significant amount of interior landscaping. PRICE'S HOLDINGS LLC Agenda Itn 8 Page 2 I I • For the most part, the current business operation lacks defined access and parking spaces. The submitted site plan provides for a much more orderly commercial site with improved parking and traffic flow. Nonconforming Uses: Motor vehicle sales and garden center sales are not allowed as principal uses in the I-1 Industrial District. These current uses are nonconforming, as defined in Section 105 of the City Zoning Ordinance. Although the garden center sales will be eliminated, the applicant proposes to relocate the motor vehicle sales on the site. Section 105(d)of the City Zoning Ordinance allows for the relocation of nonconforming uses onto another portion of the parcel provided City Council finds that the proposed change is "equally appropriate or more appropriate to the district than is the existing nonconformity. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance." As provided for by the italicized part of the ordinance section quoted above, the applicant is requesting a relocation of the motor vehicle sales use currently located on the property.The sales office will be moved to the two-story structure and 16 parking spaces are designated for the orderly display of vehicles for sale. Staff concludes that with all the planned improvements and removal of the garden center use, the relocation of the automobile sales will be more appropriate to the district than the existing nonconformity. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Motor vehicle repair garage, auto sales and a garden center. SURROUNDING LAND North: • Cleveland Street USE AND ZONING: • Vacant office/warehouse/ 1-1 Industrial District South: • Proposed Housing Resource Center/Conditional B-4 Mixed Use District East: • Automobile repair facility/ 1-1 Industrial District West: • Witchduck Road • Office use/ 1-1 Industrial District NATURAL RESOURCE AND The site is entirely impervious consisting of asphalt, concrete and CULTURAL FEATURES: structures. There are no known natural or cultural features associated with this site. COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. The Plan calls for the Central Village District to evolve into an eclectic neighborhood supporting small businesses, entertainment venues, small shops and galleries. The Pembroke SGA is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, ( c; PRICE'S HOLDINGS,1:LC Agenda Ram-8 Page 3 artistic, and ethnically diverse areas. The Plan establishes a framework that concentrates a high density mix of complementary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core. 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road in the vicinity of this application is a four-lane divided minor urban arterial. The MTP proposes an eight-lane facility within a 155-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service F. There is a Roadway CIP project for this area.Witchduck Road -Phase II (CIP 2-025)will provide a six- lane divided roadway within a 143-foot to 165-foot variable width right-of-way from 1-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Aesthetic improvements such as a wide outside lane for cyclists and sidewalk enhancements will be provided as well. Roadway modifications will also occur on Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street, and Admiral Wright Road at Denn Lane. The current estimate for start of construction is March 2016. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 1 , 4800 ADT '(LOS 2"C") North Witchduck Road 47,814 ADT 27,400 ADT ' (LOS 2"E") Exact trip volumes cannot be computed for the proposed 7,300 ADT (LOS 2"C") use, however, there should be Cleveland Street 7,300 ADT 0 ADT (LOS 2"E") no increase with this proposal. 'Average Daily Trips 2 LOS=Level of Service WATER and SEWER: This site is currently connected to City water and sanitary sewer. 4 • EVALUATION AND RECOMMENDATION Staff recommends approval of both the Conditional Use Permit for the automobile repair garage and for the relocation of the nonconforming motor vehicle sales business, subject to the conditions listed below. Although an automobile repair garage and motor vehicle sales are not the ultimate uses envisioned by the Pembroke Strategic Growth Area Implementation Plan, these businesses have operated here for over 38 years and the owners strongly desire to remain at this location despite the impact of the Witchduck PRICE'S HOLDINGS, LLC Agenda Item-8 Page 4 Road Project. The proposed improvements to the site and relocation of the nonconforming motor vehicle sales business will not only accommodate the road project, but will also result in a more organized commercial property with significant aesthetic improvements. Both applications are acceptable and the relocation of the nonconforming use is more appropriate to the district than the existing motor vehicle sales operation. • 0 CONDITIONS 1. The site shall be developed substantially in conformance with the submitted, undated, site plan entitled, "Price's Transmission," prepared by Pennoni Associates. 2. The building renovations shall be substantially in keeping with the submitted architectural renderings dated July 7, 2015 and prepared by ionic dezign studios. 3. Any new freestanding sign shall be monument style with a maximum height of eight feet. 4. A detailed landscape plan shall be submitted to the DSC Landscape Architect for review and approval prior to final Site Plan approval. 5. The floor of the motor vehicle repair facility should be washed down daily or weekly into a drop inlet leading to an oil-water separator before entering the City's sanitary sewer system. Effluent from the oil-water separator must not be channeled into the City's storm drainage system because of its unknown chemical content. 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. PRICE'S HflLDINGS,LLC Agenda Item-8 Page 5 ' �y s' r i 4 It • Ci i CO i r i),d A1' iti.:0 % <'V *i , • aWS" /+ ' I ' t" LU A,o1t A o 1 j ''''''''''-'4, 14 . 4l' to 4 a. -' t�.rZ � e Q 11 t 1:4ill 1 N .. ! W UJ a s ' 'fit'*I �' •1 I' Li� to � • 1 I., t -2 z_ i W11 , �,�� Ci ~- o 4 i NOlI/� zi .Cs:A I:: -I— , tik4,,, w 4 AERIAL OF SITE LOCATION �Tu",: ..;: r.Ll PRICE'S HOLDINGS, LLC , Agenda Item 8 Page 6 �� OF .'R N C' �� Vic_... ..• .-1-4 "� tizoo 3AN3PtY A3S2I3 1 21 a ac k i liaha,1 11 s bR! gIII3 - 41 k II ;CI aer . i __________{ OMNI 8 VW . '- --- . f_VOWS i , 3 r: Z . cep+ } �, , rL 1 _ ti� Os .{. I— —I Nf _ s Z ! it _ ofd I F 2 "..* . i 149 ig oU t 't--r"-"3":' y • . . :p Y+/W :, i7 d �i i a.W m 1,, i t�i , � , ' K o Z ,Q • aft , il,i � ' ItZ Oit 1 � • • � r ii $t t Lr U tg O �b ,bIk 'air . Z irk 3 Q I iii 2 V�- � Ow g� I; e tr IV Wer PROPOSED SITE LAYOUT PRICE'S HOLDINGS, LLC Agenda Item 8 Page 7 I r Z O Q I 0 Z w oc W .71 Z O N cn "' Z 1 N W U E2 a_ C , . -1 m2d �� of `E • > l � _CO ° get ;� �,_► E a , • M179 N g )•r 1 N INN RENDERING - VIEW FROM INTERSECTION OF NORTH WITCHDUCK ROAD AND CLEVELAND STREET PRICE'S HOLDINGS, LLC Agenda Item 8 Page 8 0 ot Y U D 0 c ♦ I O CU o O O L 3 ° 0 3 u w c -O a ° C9 ° 0) ° a .a- .0 O y Q CeD ° w z a O rnrn ° O c _° o a 3 C7 ° v • W 12 °7 c F- N 3 = 03" 2 w -a - X ° N ,....c 0) 3 V -IDO N -O .6 - a) = C — � N$ 3 a s Q1v 0 V 0) C) O° N .177; 7 = c 'X 0 7-- ._2 N G1 . rt 'A l'' z 6 , Q V, Q i N � �Ov _., z w yQ m ai L N o z a x> a C 0y 7_ r 0 •_ . ELEVATION OF WEST FAPADE OF REPAIR FACILITY PRICE'S HOLDINGS, LLC Agenda Item 8 Page 9 R- N a z N . 3 = L Cp T 3 w 3 .4, o O :o� V a> O o 3 r 0-6 , 03 441 o - c C 0) ': < d - w 0 0 °' o v a z ZFd 0 p O !! O O o . O a ? r 0 o m O a C• a> L O) w „, 81515 . 5.N S p o t rn rn O 3 O 1:7z X p> . 0a> p p a> p n. m d p'- v - c O ° Z a t `I 1 r L i toil __ , . , ,, , i .0,, ZZ to Q > " PH 4 • o 0.6 w ZZ OG- aOC a . �Yd w1 LiarV N o w ELEVATION OF NORTH FACADE OF REPAIR FACILITY y 1,1 �'ri1 PRICE'S HOLDINGS, LLC Agenda Item 8 Page 10 C.', o .. v o v spa•-,cc > � c 0 m— _ .x O o £ � O d r . . a ' 3 v j c -0 ar _ s w -a= a - c N w 3 s o o = 0) N d ll D O p O v Z 4l 9 01 N O ig 3 .77 OO C O c O N y 41 -p E F- L o O w '> 0 ,...• n i 11, °' • •l !I 1 1! ` k Z Z A k f O= N U w W O a' O] O r w w;Z z a w> d \ C ELEVATION OF SOUTH FACADE OF REPAIR FACILITY PRICE'S HOLDINGS, LLC Agenda Item 8 Page 11 0F } UR NA ,,,,`ad .,-,4 IW^ V4 DG 0 0 F- 0 3a) `n W O 0, O 0 S— p7 TA O 'p O ` N N p1 N 7 y N .c a-0 c O O ✓ N � v d • -a 3 m 0 ° 0 0) 0 a� ) C a w 3 - w c a> a) 0.> c Z S S O- < O v Z Z < - m wocz K X= d W> n • • _ ELEVATION OF EAST FACADE OF REPAIR FACILITY PRICE'S HOLDINGS, LLC Agenda Item 8 Page 12 CD r- 3 r N o V o j N0 o E= ZO o c E mvw 3 o No ......• w y - • c 3 2 d u �� _ ate __ c o o s v ` d ✓ ° 7 o t O d 0 3 v _o2000 -444 F S-o C 0 -rte Z Z O 0 o Q > zZ< �m -tea w O Z aw> > V .J V N e V ELEVATION OF WEST FACADE OF OFFICE PRICE'S HOLDINGS, LLC , Agenda Item 8 Page 13 ..}. OUR NST ,,sj U 0 Z W ; 0 i 0 O C C_O Q L a c ° E n0) 0 O O p C 17 6 � 6 Y W• WO oW CW L. r LC W O3= tO KH L ^ W O 0• 0 O 0) 04, V'yD 0)-0O3yC0) 0 0 C Q' L• W« W W p o v'L• E '0_ - c _ E °= E o °a 3 O= 3 L 0 0 0 p= W 3 N 3 IE ° E =z$oL —11 Z Z e O O> t f0 Z WU W o m A WH Z z U F C7 a w> D' a E. • ELEVATION OF NORTH FACADE OF OFFICE PRICE'S HOLDINGS, LLC Agenda Item 8 Page 14 BAYSIDE DISTRICT—S059 CLEVELAND STREET PRICE'S HOLDINGS, LLC n, rill rt 1 14 1-1i-1 14 <65 dB DNL AICUZ 1 VW ---•,-,............. ` — r"''.. - -------- `�✓ 0 "-'' CLEVELAND STREET ,-„Vt0.,. ` of Wtnt S - V0 S•47 a aas, sI.w Ili*I* 3ttt,q j SITE ,u w W 1-11. = 2 3 r .1 „,„,. ..., 2 I-1 ,t, 1 .W _, ,,, ,i. 1,' ttw,. 4 . t.,. t'` 1-1 - ,a. SOUTHERN BOULEVARD Vur,.t�..aY” Conditional Use Permit(Motor Vehicle Soles&Repair) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 09/15/2015 CRZ(I-1 to Conditional B-4) Approved 09/15/2015 CUP (Housing Resource Center) Approved 2 09/11/2012 CUP (bulk storage yard) Approved 3 02/12/2002 CUP(communications tower) Approved 4 06/24/2003 STC Approved ZONING HISTORY PRICE'S HOLDINGS, LLC Agenda Item 8 Page 15 MIR" Virginia Beech DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE 0 Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business,or other unincorporated organization. F. Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 O 9 FI ht)1 if N[ DISCLOSURE STATEMENT PRICE'S HOLDINGS, LLC Agenda Item 8 Page 16 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) Price's Holdings,LLC:Curtis L.Price,II,Managing Member;Curtis L.Price,Sr., Member • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. D 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. DISCLOSURE STATEMENT PRICE'S HOLDINGS, LLC Agenda Item 8 Page 17 I I we Virginia Beach "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: I YES NO PROVIDER(useneeded)additional sheets if SERVICE n xi Accounting and/or preparer of � your tax return I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) DConstruction Contractors Ell n Engineers/Surveyors Ionic Dezign Studio 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 PRICE'S HOLDINGS, LLC Agenda Item 8 Page 18 viki Virginia Beach Financing(include current Southern Bank&Trust Company 1^I ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 n Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for ElC 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 I-1 n contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? 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. ,. _,------Z.------r_ Curtis L.Price,II,Manager 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. DISCLOSURE STATEMENT PRICE'S HOLDINGS, LLC Agenda Item 8 Page 19 Item#8 Price's Holdings, L.L.C. Conditional Use Permit Change in Non-Conformity 5059 Cleveland Street District 4 Bayside October 14, 2015 CONSENT An application of Price's Holding, L.L.C.for(a)Conditional Use Permit(Automobile Repair Garage) and (b) Change in Nonconforming Use (Motor Vehicle Sales) on property located at 5059 Cleveland Street, District 4, Bayside. GPIN: 14678434240000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted, undated, site plan entitled, "Price's Transmission," prepared by Pennoni Associates. 2. The building renovations shall be substantially in keeping with the submitted architectural renderings dated July 7, 2015 and prepared by ionic design studios. 3. Any new freestanding sign shall be monument style with a maximum height of eight feet. 4. A detailed landscape plan shall be submitted to the DSC Landscape Architect for review and approval prior to issuance of a building permit. 5. The floor of the motor vehicle repair facility should be washed down daily or weekly into a drop inlet leading to an oil-water separator before entering the City's sanitary sewer system. Effluent from the oil-water separator must not be channeled into the City's storm drainage system because of its unknown chemical content. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE Item#8 Price's Holdings, L.L.C. Page 2 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. rn 7 ..r.P.'' �evard o J enCe you s° >► Ind epend n E a t 4 0 CO LIV a a I �e ' a CU v d y N 4 71 4.1 No o C 1 m , 7:5) 0.. 0 c. .-4.,-- ca. 1 \ \ 0 -Elc ii t \ , -ss \ c 0 o RIi ,, V , N . \V 0 , \ 4 4 N N :a CO111111 CO co V J _ �a re., .„, ... 7 N`P�`pN 40101, i u° �.- FrCRR° 4�� m - 3 __ -----"-- IA dd �-� C \ ita6� *...-� Ferry Pian i �' ray *"*41,1 ti=.ZJ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ONPOINT SECURITY ACADEMY, LLC [Applicant] MADIX ASSOCIATES, LLC [Owner] Conditional Use Permit (Vocational School) 4604 Westgrove Court (GPIN 1478450786) COUNCIL DISTRICT—BAYSIDE MEETING DATE: November 17, 2015 • Background: The applicant is requesting a Conditional Use Permit for a vocational school for security guard training within a 1,015 square foot unit of an existing one-story brick office building. ■ Considerations: The school will provide training courses for the Department of Criminal Justice security guard certification for up to 20 individuals at one time. Courses are typically held in the evenings, beginning at 5:00 p.m. and ending at 10:00 p.m. All firearms practice, training and proficiency testing will be held off-site at a fully licensed shooting range in the area. 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 to the City Council with the following conditions: 1. All signage shall be designed to complement the existing building and shall adhere to all applicable requirements of the Zoning Ordinance. 2. No live firearms training shall be permitted on the property. • 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 Ar- City ST; -City Manage L k BAYSIDE DISTRICT-4604 watt<a.e Court OnPoint Security Academy,LLC es06..- ( 1 . 4 :00#6 1 October 14, 2015 Public Hearing az s.s ,�-�. R-7.5 t ° B-2 APPLICANT: ,0,04: �Eao ONPOINT SECURITY R-7.5 B"2 ACADEMY, LLC �9 <65 db DM AICUZ PROPERTY OWNER: MAD IX Conditional Use Permit-Vocational School ASSOCIATESL L C , STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Vocational School) ADDRESS/DESCRIPTION: 4604 Westgrove Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14784507860000 BAYSIDE 1.146 acres Less than 65 dB DNL ♦ • BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a vocational school for security guard training within an existing structure. The school will occupy a 1,015 square foot unit within a one-story, brick office building. Specifically, the school will provide training courses for Department of Criminal Justice security guard certification and recertification for up to 20 individuals at one time. Courses are typically held in the evenings, beginning at 5:00 p.m. and ending at 10:00 p.m.All firearms practice, training and proficiency testing will be held off-site at a fully licensed shooting range in the area. ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 1 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: office building SURROUNDING LAND North: • Offices/B-2 Community Business District USE AND ZONING: South: • Self-storage facility/B-2 Community Business District East: • Mixed retail/ B-2 Community Business District West: • Daycare facility/B-2 Community Business District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: already developed with a parking lot and a one-story office building, there does not appear to be any significant environmental or cultural resources on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the 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 the 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. (p. 3-1 through 3-3) e IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard is an eight lane major arterial road in the vicinity of this site with a varying right-of- way from approximately 155 feet to 175 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way of 155 feet. There are currently no CIP projects scheduled for this segment of Independence Boulevard. Ferry Plantation Road in the vicinity of this application is considered a two-lane undivided local street. No CIP Projects are slated for this area. Haygood Road is a four-lane minor urban arterial. The MTP shows a four-lane minor arterial with an ultimate right-of-way of 110 feet. There are currently no CIP projects scheduled for this segment of Haygood Road. ONPOINT SECURITY ACADEMY, LC Agenda It . -4 Pace 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Independence46,869 ADT 56,240 ADT 1(LOS 4"D") Boulevard 64,260 ADT (LOS "E") Ferry Plantation Road 4,799 ADT ' 6,200 ADT 1(LOS 4"C") Existing Land Use 2- 154 ADT 9,900 ADT (LOS "D") Proposed Land Use - 167 ADT Haygood Road 19,728 ADT ' 22,800 ADT 1(LOS 4"C") 27,400 ADT (LOS "E") Average Daily Trips 2 as defined by 14,025 square foot office use 3 as defined by office use and 20 students 4 LOS=Level of Service WATER&SEWER: This site is already connected to City water and sewer. 4 EVALUATION AND RECOMMENDATION This Conditional Use Permit application to operate a vocational school within an existing building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. There appears to be sufficient parking on the site and the hours for the school are opposite of a typical work day. Staff does not believe that the request will have any negative impacts on surrounding properties; therefore, the request is recommended for approval subject to the conditions below. 4 • CONDITIONS 1. All signage shall be designed to complement the existing building and shall adhere to all applicable requirements of the Zoning Ordinance. 2. No live firearms training shall be permitted on the property. "(✓ ONPOINT SECURITY ACADEMY,LLC Agenda Ite- 4 Page 3 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. ONPOINT SECURITY ACADEMY LC Agenda Item 4 Pale 4 wirliii.UNl , P • it' A .g \ iii * 1111. • . 1, ! ir y m _ t t . o e •a^'N K aty` ofa K ..f t y„..: EEAti1 V N p1 "*F \ , \-,' ,rte. 1 N1P ''' \v,i.,;,,,):,,,,, -F‘x lea ':e4.,,..:1\7,,,,,,,te, --// Ikk. `'' 0, - •. S k + /i F Psis °to i ialie. , , , cs, ' '''' 4 # - '• it: . .„. 8 . ,, . . .. . .t.. \ ., ,.. ,„, , , . • . , 4 .,-- ?" , *S.c a ,,. F `;;. x , IS AERIAL OF SITE LOCATION ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 5 1 Gt. •fit,' PIN S7'i°G i':i.I"W NAiL(S) /22 { V cD/ - � / PARCEL "R—/..C` /// / .146 4/ ;.•:>. • ■ • S. /3� ��0./< 0 a 33,, ,,..a / •:: ......, : 5.5' 4i 150.T 'XI `- I wo4-STEB 1 STORY IBRICK :UILOING c ' ;is,A/c #46 0 — # 616 m — 20),50-6= I o i2 s%rTi t 19.9' / / u% NI rn BRICK - 90.6' / j �A/C 10.3' MI :`;��,•::; ``I• CLEANOUTr.o j / d I r ``j GHT POLE �,/ 1 (TYPICAL)r 16 n h • �p�� O• : •.!,..5!, I 1 IR p 3 P A%/t%K %/O///L • I a,A/C K r. CLEANOUT i /7/./ M IN IN f / HOLE ff■�A/c I %:TELE 1`'F: PED 50.6' _ . !::::!S;: g:::i:::iii::::::?:5:;:r:::::I::: iSi:<':// ,/ ,� / CONC. ON UNE NAILS) TI TiNGli EXISTING SITE LAYOUT �,c>>� � BFB ONPOINT SECURITY ACADEMY, LLC : .,► Agenda Item 4 li \t.i.i._ Page 6 'a N ' 9 .•. •N OF Y\O�OU. p '.. BAYSIDE DISTRICT— 4604 Westgrove Court OnPoint Security Academy, LLC v 1 .....0"."--0,024 ( .....0"."--0,024o WaSIP .02 ..., a \,. % 0-2 B-2 F.' , co co in j7.5445 Da 0,0 4 °.: e su i ocfr ��Ra 2 m 0 esu r R-7.5 s B-2 - ' -- �2 <65 db DNL AICUZ pad y� � A No�eyg< A Z 6 -- Conditional Use Permit—Vocational School APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 12/03/2013 REZ(B-2 to A-36) Granted 2 11/24/2009 CUP (Recreational Facility) Granted 11/28/2006 CUP (Automobile Service Station) Granted 3 07/11/2006 MOD (Communication Tower) Granted 09/27/2005 MOD (Recreation Facility) Granted 4 11/26/1996 REZ (B-2 to 0-2) Granted 5 12/17/1984 CUP (Religious Use-Church Addition) Granted u.w ., ei ZONING HISTORY ' " ONPOINT SECURITY ACADEMY, LLC ``'- i� Agenda Item 4 1 Page 7 OF OUR NATt '` I I ' a�. 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 I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX! Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ON., s 5[ue updated two(2)weeks prior to any Page 1 of 4 Planruiq -• - - ::nq that pertains to the application(s). u APPLY ANI P 4. Or HEARING DATEED /{ NO(HANOI DATE:10/05/2015-CA<S // - q- 2 of S ' \ 0 1 REVISION S �� __. DATE DISCLOSURE STATEMENT ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 8 1 4113 0 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) OnPoint Security Academy,LLC:William R.Arroyo,President(member); Oommen Mathews,Secretary/Treasurer(member) (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. Z 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) Madix Associates,LLC:Oommen Mathews,Manager&Sole Member (B) List the businesses that have a parent-subsidiary r 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 ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 9 NE 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§2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: I I YES NO PROVIDER(use additional sheets if SERVICE needed) El a Accounting and/or preparer of your tax return n XX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El 0 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ElX i 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. DISCLOSURE STATEMENT ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 10 I I i I 1,1113 Virginia Beach Financing(include current mortgage holders and lenders ❑ a selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Sykes,Bourdon,Ahem&Levy,P.C. ❑ Real Estate Brokers/Agents for J! 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_publ_ic body or committee in connection with this Application. William R.Arroyo,President 67/41/4)- AP T SIGNATURE PRINT NAME DATE ((f:.x Oommen Mathews,Manager 11 I i S PERTY OWNER'S SIGNATU E 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. DISCLOSURE STATEMENT ONPOINT SECURITY ACADEMY, LLC Agenda Item 4 Page 11 Item#4 Onpoint Security Academy, L.L.C. Conditional Use Permit 4604 Westgrove Court District 4 Bayside October 14, 2015 CONSENT An application of Onpoint Security Academy, L.L.C.for a Conditional Use Permit (Vocational School) on property located at 4604 Westgrove Court, District 4, Bayside. GPIN: 14784507860000. CONDITIONS 1. All signage shall be designed to complement the existing building and shall adhere to all applicable requirements of the Zoning Ordinance. 2. No live firearms training shall be permitted on the property. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 4. 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 4 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. t i s. % u. R\ co ' �' I dot , .d cu ."two► �� ' iim .-- a 06 .14,,t1..t\ltSt•rj.° Xr.,s'r",,tit tittf,-, /WI". i' . . Z cu ,,0,:. lit- \t,,,',,s,13, :2-- - - _ . - - ftwii .,.:,..A-ok ..,.0,- - -,, , \\-, .,,,,,,, „,.,4-0 i..)--,i.. a. , kms 0 \t.' - ' '' )". Z Eyak _ h' 'i • • NeG{esuNectoRd k. 0.1 W P ___,A Q • O � TV 3 bo o gI o :2u-i fig,c \d - s' - .d-•t t __�-.moi Q ii44 LTi y____ v �' 1C CU Ilt , ,Ikut _ a , ! I- } � ..=, \ a is El W } Pa d-' " a ' T——, t 1��- 1 Q On X,S it s ` ti yyi�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM GOLDEN & MELISSA TEXTOR [Applicants] MARINA SHORES REPAIR CORP [Owner] Conditional Use Permits (Truck & Trailer Rentals, Bulk Storage Yard, Open Air Market) 2865 Lynnhaven Drive (GPIN 1499389741) COUNCIL DISTRICT—LYNNHAVEN MEETING DATE: November 17, 2015 • Background: The applicant, Jim Golden, would like to operate a U-Haul rental service from his retail store, Final Kick. The co-applicant, Melissa Textor would like to continue to run "A Bite of Maine" food stand in the parking lot. "A Bite of Maine" is currently operating under a temporary Peddler's Permit. The site is zoned B-2 Community Business District where Conditional Use Permits are required for Truck and Trailer Rental and an Open Air Market for the proposed uses. A conditional use permit is also being requested for Bulk Storage to allow existing storage containers to remain along the rear façade of the strip shopping center. • Considerations: The Marina Shores Shopping Center has sufficient parking spaces to meet all requirements and accommodate the truck rental and food stand. The shipping containers are partially screened from the public right-of-way by an existing evergreen hedge and the building. It is recommended that an additional row of evergreen landscaping be installed on the western property line. Further details pertaining to the application, 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 10-0 with one abstention, to recommend approval of this request to the City Council with the following conditions: Truck and Trailer Rental: 1. No more than a total of six trucks or trailers shall be kept on site. Said trucks or trailers available for rental shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. i I Golden & Textor Page 2 of 3 Open Air Market: 1. This use permit is temporary and shall be valid for no more than 365 consecutive days following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may choose to renew the Conditional Use Permit. 2. The trailer shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. The proposed use shall not interfere with any required drive aisles. 3. Per Section 239.03(1) of the City Zoning Ordinance, a minimum of nine on-site parking spaces shall be reserved for the use. 4. Per Section 239.03(2) of the City Zoning Ordinance, two trash receptacles shall be provided for the use. Said trash receptacles shall not be separated from the use by a drive aisle. 5. Per Section 239.03(3) of the City Zoning Ordinance, merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. 6. Per Section 239.03(4) of the City Zoning Ordinance, the operation shall be restricted to the time between 9:00 am and 5:00 pm. 7. Per Section 239.03(5) of the City Zoning Ordinance, 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. Bulk Storage: 1. Only tenants of the western 30,416 SF commercial building may use storage containers. Storage container may be used for the storage of goods or materials related to the use the respective tenant operates on-site. Bulk Storage shall not be provided for tenants of the 11,500 SF building located at the northeast corner of the site or other parties located off-site. 2. No more than a total of three storage containers shall be allowed. Said containers shall not exceed a height of nine feet. 3. A row of evergreen landscaping shall be installed on the western property line for the length of the western commercial building. Said landscaping shall be maintained in good health and at a height of no less than eight feet at maturity. Upon failure to grow, the landscaping shall be replaced. Golden &Textor Page 3 of 3 4. If stored outside of the commercial building, excess inventory of on-site uses must be completely enclosed in a storage container. No goods, materials, equipment, trailers, or other items shall be stored on this site outside of a storage container. 5. The location of storage containers and landscaping shall be substantially as shown on the exhibit titled, "Joint CUP Exhibit," as prepared by Staff, and dated October 1, 2015. No bulk storage shall be located in the public right-of-way. • 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 Departmen 69r City Manager: k_ 3r BAYSIDE DISTRICT—2865tynnnavenDrive Jim Golden&Melissa Textor 5 ''tIii October 14, 2015 PubAPlicPLIHearingCANT: .111\, 1.--- .1.-411. ---,i*:°'...' ltit M 5C3-- JIM GOLDEN & 'd® MELISSA LISSA TEXTOR 011e:' t4,r ___0101‘ 1 � PROPERTY OWNER: MARINA SHORES ,, AM , n��>a.. II a, REPAIR CORP. ►� MO ��r I ' I —.rdr"01111 Conditional Use Permit(Truck and Trailer Rental,Open Air Market,Bulk Storage Yard) STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Truck and Trailer Rental, Open Air Market, Bulk Storage Yard) ADDRESS/DESCRIPTION: 2865 Lynnhaven Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14993897410000 BAYSIDE 4.264 acres Less than 65 dB DNL 14993896290000 4 • BACKGROUND / DETAILS OF PROPOSAL Request The applicant Jim Golden would like to operate a U-Haul rental service from his existing endurance sporting goods store, Final Kick. The co-applicant, Melissa Textor would like to run a temporary food stand, "A Bite of Maine,"which sells lobsters that have been shipped overnight from Maine. The site is zoned B-2 Community Business.Within this District, the City Zoning Ordinance requires Conditional Use Permits for Truck and Trailer Rental and Open Air Market for the proposed uses. During site visits, it was observed that existing retail tenants store excess inventory in storage containers along the rear façade of the strip shopping center.Within the B-2 Business District, this type of outdoor storage requires a Conditional Use Permit for Bulk Storage. JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 1 Proposed Operation As shown on the submitted site plan, a maximum of six trucks and trailers will be located in the most eastern row of parking spaces, nearest to North Great Neck Road. The hours of operation of the U-Haul rental service will coincide with the retail store hours. Final Kick is open seven days a week; Sunday, 12 noon to 5:00 pm; Monday through Thursday, 10:00 am to 7:00 pm; Friday, 10:00 am to 6:00 pm; and Saturday, 7:00 am to 5:00 pm. Customers may also return the rental trucks after hours and leave the key in a drop box that has been installed at the entrance of the store. No additional signage, site, or building improvements are proposed with this request. As shown on the submitted site plan, the food stand is located near the center of the site. The trailer occupies eight spaces, the overall use occupies the 14 spaces located between the two landscaped islands(approximately 2,200 square feet). All sales and the incidental display of goods are proposed to take place within this area. Live lobsters, seafood, and prepared seafood goods are sold from a 24-foot long trailer.This use has been operating on the weekends under a Peddler Permit for the past six months. The newly proposed hours of operation are Friday, 11:00 am to 5:00 pm; Saturday 11:00 am to 5:00 pm; and Sunday, 11:00 am to 5:00 pm. Up to three employees will be working the food stand at one time. It is the intent of this applicant to relocate the operation to a"brick and mortar" restaurant space next year. Earnings from this preliminary Open Air Market will help with this transition. No complaints have been received in regards to the use. Over the past six months of operations, there appears to have been an efficient amount of parking and standing space for customers. As mentioned above, in the request, certain tenants currently use shipping containers for additional storage. The containers are located between the existing building and western property line. Due to the evergreen landscaping along the northern property line and the proximity of the existing building to the west, the shipping containers are largely screened from the public right-of-way. Additionally, aerial photography shows that boat trailers have been stored on-site. The Planning Department has received a small number of complaints about this storage. Site The site has been developed with two one-story commercial strip buildings. Combined, these two buildings provide 41,916 square feet of retail, office, service, and restaurant space. The site is accessed by one point of vehicular ingress and egress on Lynnhaven Drive.While the northeast corner of the site is highly visible from North Great Neck Road, the southeastern portion of the site is minimally visible due to the southward positive slope of North Great Neck Road as it approaches the bridge to the south as well as mature landscaping located on-site and in the public right-of-way. JIM GOLDEN & MELISSA TEX g•R Agenda It ` 5 171 Page 2 4 e LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial shopping center SURROUNDING LAND North: • Apartments /A-18 Residential District USE AND ZONING: South: • Single family dwellings / R-10 Residential District East: • Apartments/A-36 Apartment District West: • Vacant lot/ B-2 Business District NATURAL RESOURCE AND There do not appear to be any significant environmental or cultural CULTURAL FEATURES: features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2.) 4 0 EVALUATION AND RECOMMENDATION Section 242.2 of the City Zoning Ordinance covers the requirements for Truck and Trailer Rentals. A maximum of three trucks or trailers may be kept on display so long as they are set back at least ten feet from the public right-of-way.Any additional truck or trailer must be located behind the nearest portion of a building or screened by a six-foot tall fence and Category I landscaping. The rear of the building is not paved and is currently being used for temporary storage by tenants. To the south of the building, a small number of parking spaces are made available for the restaurant. Due to the existing mature landscaping and the difference in elevation between the site and North Great Neck Road, staff finds that the proposed location for the trucks and trailers is appropriate as proposed. Section 239.03 of the City Zoning Ordinance identifies the requirements for Open Air Markets. In conjunction with the recommended conditions below, the proposed operation will meet or exceed all requirements of this section. Section 203 of the City Zoning Ordinance identifies the parking requirements for Shopping Centers. One parking space for every 250 square feet of commercial space is required. The Zoning Ordinance requires r JIM GOLDEN & MELISSA TEXTOR Agenda Mtn. 5 Pa3 a minimum of 168 parking spaces for the existing 41,916 square feet of commercial uses, and an additional 15 spaces for the proposed Open Air Market and Truck and Trailer rental. The site currently has 262 parking spaces and thus exceeds the minimum parking requirement. Section 228 of the City Zoning Ordinance identifies the requirements for a Bulk Storage Yard. Unless otherwise specified, the use requires Category VI landscaping; this consists of a fence no less than six feet in height and Category I landscaping at a minimum depth of six feet. The intent of this landscaping category is to provide sufficient density, mass, and height to physically and visually separate uses. To the west of the shopping center, the setback from the side lot line ranges from 10 to 15 feet. Standard shipping containers, like those currently used to store excess inventory are typically 8 feet wide, 8.5 feet tall, and 20 or 40 feet long. Due to the limited space along the western lot line, Staff finds that it is appropriate to limit the use of Bulk Storage to being contained within shipping containers or smaller accessory structures. Additionally, to screen said structures or containers, Staff recommends that a row of evergreen trees or shrubs following the requirements of Category I landscaping should be installed for the length of the western building of the commercial shopping center. Shipping containers used for Bulk Storage may only be located between the existing building and proposed row of evergreen landscaping. Staff finds that the requested uses of Truck and Trailer Rental and Open Air Market as well as the identified use of a Bulk Storage Yard are generally in line with the Comprehensive Plan's recommendations for the Suburban Area;for this reason, each use is recommended for approval. To ensure land use compatibility, the conditions below are included in Staff's recommendation for approval: 4 • CONDITIONS Truck and Trailer Rental: 1. No more than a total of six trucks or trailers shall be kept on site. Said trucks or trailers available for rental shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. Open Air Market: 1. This use permit is temporary and shall be valid for no more than 365 consecutive days following the date of City Council approval. After said duration of time, per Section 221(k)the Zoning Administrator may choose to renew the Conditional Use Permit. 2. The trailer shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. The proposed use shall not interfere with any required drive aisles. 3. Per Section 239.03(1)of the City Zoning Ordinance, a minimum of nine on-site parking spaces shall be reserved for the use. 4. Per Section 239.03(2)of the City Zoning Ordinance, two trash receptacles shall be provided for the use. Said trash receptacles shall not be separated from the use by a drive aisle. 5. Per Section 239.03(3)of the City Zoning Ordinance, merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. JIM GOLDEN & MELISSA TEX R Agenda It' 5 Page 4 ii 6. Per Section 239.03(4)of the City Zoning Ordinance, the operation shall be restricted to the time between 9:00 am and 5:00 pm. 7. Per Section 239.03(5)of the City Zoning Ordinance, 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. Bulk Storage: 1. Only tenants of the western 30,416 SF commercial building may use storage containers. Storage container may be used for the storage of goods or materials related to the use the respective tenant operates on-site. Bulk Storage shall not be provided for tenants of the 11,500 SF building located at the northeast corner of the site or other parties located off-site. 2. No more than a total of three storage containers shall be allowed. Said containers shall not exceed a height of nine feet. 3. A row of evergreen landscaping shall be installed on the western property line for the length of the western commercial building. Said landscaping shall be maintained in good health and at a height of no less than eight feet at maturity. Upon failure to grow, the landscaping shall be replaced. 4. If stored outside of the commercial building, excess inventory of on-site uses must be completely enclosed in a storage container. No goods, materials, equipment, trailers, or other items shall be stored on this site outside of a storage container. 5. The location of storage containers and landscaping shall be substantially as shown on the exhibit titled, "Joint CUP Exhibit," as prepared by Staff, and dated October 1, 2015. No bulk storage shall be located in the public right-of-way. 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. 1 s JIM GOLDEN & MELISSA TEXtOR f', Agenda It 5 Pace 5 � . .. ---' ----.:•. V`.6)..iirly A - 1Y^^haven�� €! ;461 �A4' - ,,� :, - - . r ..„. ..._ . , t. N _ s� 'r ,4 S . #4 .fin. ,,,, . ,',,,, .,-,, - ,----, , -.:::4:1,- _,_ :, 1-'-':,:4'',-,f'ilio'''''.11**41. ioolif i e . , ..*...„, ,,i >n. t t i. sr r r `'k. 1r • _ �t s y ... 1 w`~ �� -rFl••nth" vl AERIAL OF SITE LOCATION 1-, JIM GOLDEN & MELISSA TaEXTPageOR ° , 1 . Agenda Item 5 6 i 11 • !O.* .* . *` � • rA Ark - ,rd r x K ? a .r !' '"_. . •!�•' • sr 1t i� _ 7 5 c .. ierwc�re +...-.. 4H A. •.� !h 1 u•- it fi'LL EXISTING CONDITIONS JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 7 1 , II / , 1 Joint CUP Exhibit ' October 1, 2015j ;�, no 1 is 41 O ► -, �3/ ,..!4Ir / f f �./ r I - r .t.-- 71 /` f: , 1 • I '- g - fc w4 •I'i i Z 0 I 7/ If.'_....1,,* J!!! j ,�", d r N fl'/" ' , -[ -�E • Z 1� 1-::Q l7 J w ll K F 0 X I a m w {/ .� Z '_, W W Q Y Y 'i'' a cc a aLO ;,. W z o 2 2 w o z ce ct o K6111( t _ Y t Z i I-• V W W J �� a CC 0 CC a a D • -.N.-2...r,�� .... +'��~ ' -.+-e--s.,, � 01.. 0 r! SITE EXHIBIT 'cAh"'., l'1- n' Y ill fir JIM GOLDEN & MELISSA TEXTOR ;, Agenda Item 5 ", Page 8 BAYSIDE DISTRICT- 286 Lynnhaven Drive Jim Golden & Melissa Textor _-------illit ate 00,2 � h38848 �� �0 tin -6-:\, e4 7c% / . /i...11, . iiii‘liiili \ isCA1:1111 „ r 6 { 1 s.� iw\ Bs lite ,Jr f I • T _1.. i — ill mai c,., z ate MO I. _`� Conditional Use Permit(Truck and Trailer Rental,Open Air Market,Bulk Storage Yard) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 12/30/1991 CRZ(B-2 to PD-H2 (A-36)) Approved 2 09/23/1993 CRZ(B-2 to PD-H2 (A-18)) Approved 3 05/09/1995 CUP (Recreation Facility) Approved 4 12/14/1999 CUP (Marina) Approved 5 02/08/2000 STC Approved II 6 03/24/2009 CUP (Assembly Use) Approved ZONING HISTORY JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 9 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 CityProperty Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance.Special Investment Program Changes Exce.tion 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 I Subdivision Variance Board 1 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. • t SECTION 1 / APPLICANT DISCLOSURE El Check here if the APPLICANT fS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the API/MANTIS a corporation, partnership, firm, business, or . y Page 1 of 4 • __, Or--; ‘, : t:. • .-. 1_ -„ ,_,_ Tu} DI , - , f• •, , i , DISCLOSURE STATEMENT JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 10 other unincorporated organization, ANQ.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) M (o t,.O1 i 7Ar.)N la0c.D4A (B) List the businesses that have a parent subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) �✓it:,hyi- V 'AtvtG'S,«L-. Pak- . /:040k--L BA- %t4i L k uc .-- ' F)Q--E S See next page for information pertaining to footnotes/ and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vronertv owner is different from Applicant. l Check here if the PROPERTY owimuSNor a corporation, partnership, firm, V9'usiness, or other unincorporated organization. Check here if the PROPERTY OWNER 15 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) 6ftl L 1t1C- -.f /1/6.--x7,7,.-- /t ii, ayy60,,// , (B) List the businesses that have a parent-subsidiary I 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 JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 11 '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 23101 ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the Watt Of the applj, 1tiQn or any business operating or to be operated on thells_Pelty. If the answer to any item is YES, please identify the firm or individual providing the service: YES 1 i NO SERVICE ( PROVIDER(use additional sheets if i i t _-_ neededt __ __- __ 1 Accounting and/or preparer of your tax return n Architect/Landscape Architect/ ° Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser nd purchaser's service providers Any other pending or proposed Q purchaser of the subject property I € (identify purchasers)and purchaser's service providers) Construction Contractors L CI 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. DISCLOSURE STATEMENT JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 12 Financing(include current mortgage holders and lenders 7 selected or being considered to i provide financing for acquisition or construction of the property) 0 IvLegal Services Li ! Real Estate Brokers/Agents for current and anticipated future 1 sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 1 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? 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 . • •• .ublic bod or committee in connection with this Application. rr I, k v,kLakoP.An... )0.1 T • ,,t TURF III- PRINT NAME l E / 6/ 1__ ___l,Mt_its5�. _ . �__ } i 5S III PR et' ' OWNER'S SIGNAT I _PRINT NAME DA E ) / 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 JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 13 II 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 • • 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 pub is body or committee in connection with this Application. 4:44k Mel'imo:roa'O( 04 . A•• ICA IS SICNAT PRINT NAME DATE /y •'QTY OWNER'S SIGNATURE - PRINT NAME DATE y 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 JIM GOLDEN & MELISSA TEXTOR Agenda Item 5 Page 14 Item#5 Jim Golden & Melissa Textor Conditional Use Permit 2865 Lynnhaven Drive District 5 Lynnhaven October 14, 2015 CONSENT An application of Jim Golden and Melissa Textor for a Conditional Use Permit(Truck and Trailer Rental, Open Air Market, Bulk Storage Yard)on property located at 2865 Lynnhaven Drive, District 5, Lynnhaven. GPIN: 14993897410000; 14993896290000. CONDITIONS Truck and Trailer Rental: 1. No more than a total of six trucks or trailers shall be kept on site. Said trucks or trailers available for rental shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. Air Market: 1. This use permit is temporary and shall be valid for no more than 365 consecutive days following the date of City Council approval.After said duration of time, per Section 221(k)the Zoning Administrator may choose to renew the Conditional Use Permit. 2. The trailer shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015.The proposed use shall not interfere with any required drive aisles. 3. Per Section 239.03(1)of the City Zoning Ordinance, a minimum of nine on-site parking spaces shall be reserved for the use. 4. Per Section 239.03(2)of the City Zoning Ordinance,two trash receptacles shall be provided for the use. Said trash receptacles shall not be separated from the use by a drive aisle. 5. Per Section 239.03(3)of the City Zoning Ordinance, merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business. 6. Per Section 239.03(4)of the City Zoning Ordinance,the operation shall be restricted to the time between 9:00 am and 5:00 pm. 7. Per Section 239.03(5) of the City Zoning Ordinance,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#5 Jim Golden & Melissa Textor Page 2 Bulk Storage: 1. Only tenants of the western 30,416 SF commercial building may use storage containers. Storage container may be used for the storage of goods or materials related to the use the respective tenant operates on-site. Bulk Storage shall not be provided for tenants of the 11,500 SF building located at the northeast corner of the site or other parties located off-site. 2. No more than a total of three storage containers shall be allowed. Said containers shall not exceed a height of nine feet. 3. A row of evergreen landscaping shall be installed on the western property line for the length of the western commercial building.Said landscaping shall be maintained in good health and at a height of no less than eight feet at maturity. Upon failure to grow, the landscaping shall be replaced. 4. If stored outside of the commercial building, excess inventory of on-site uses must be completely enclosed in a storage container. No goods, materials, equipment, trailers, or other items shall be stored on this site outside of a storage container. 5. The location of storage containers and landscaping shall be substantially as shown on the exhibit titled, "Joint CUP Exhibit," as prepared by Staff, and dated October 1, 2015. No bulk storage shall be located in the public right-of-way. A motion was made by Commissioner Thornton and seconded to approve item 5. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 5 by consent. ~ M J v I. p �L., , 4 1 ....„ . , in ci ,...., Z I � i 4 4 0 F, o uVu C 'n Vitj;. i 4 0 •Me 6 1 I''' -:-. 4D l'• -..,_ 401 , Nook-----‘------______ T O 6 46r COCil in ron ,4 r s r r V _ i N n tZ r.+ ¢¢ IQ 1/40 ; r M1 .� r MUMCI CC a 4.4 w 2 Nk .n ..1 a 613 11.1 N • MN W va `. # Q. r; I- 4 3 J V o p C may -- t Wx�e I ���,,,���``` l ro �� fit`._ `i `c 5� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SECOND SHOT, LLC [Applicant] ALBERT VINCIGUERRA [Owner] Conditional Use Permit (Tattoo Parlor) 5759 Princess Anne Road (GPIN 1457948060) COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: November 17, 2015 • Background: This is a Conditional Use Permit application for a tattoo parlor. The existing 1,600 square foot commercial building has fallen into disrepair and the applicant desires to renovate the structure to accommodate six tattoo booths. • Considerations: The site is located in the Newtown Strategic Growth Area and Staff concludes that the tattoo parlor is an acceptable interim use at this location. Further details pertaining to the site and building upgrades, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. Prior to the issuance of a Certificate of Occupancy, the storage container at the rear of the building shall be removed from the property. 5. To the greatest extent possible, Category I landscape material shall be installed along the property line adjacent to Southern Boulevard. 1 11 Second Shot, LLC Page 2 of 2 6. This Conditional Use Permit for a tattoo parlor shall expire in ten (10) years from the date of City Council approval. To continue the use of the site for a tattoo parlor after such expiration, administrative approval shall be obtained from the Planning Director. • 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 Departmen6W-- City Manager. t4 5 21L KEMPSVILLE DISTRICT—5799 roe.csSS ARM ROAD SECOND SHOT,LLC -01%.01".- 12 NORFOLK I' October 14, 2015 Public Hearing a Oe. dr� '" APPLICANT: SECOND SHOT, poke Southern Boulevard(Proposed light Roll Extension) L L C ,m <65 dB DNL AICUZ PROPERTY OWNER: M,N_p "IT „OA ALBERT VINCIGUERRA Conditional Use Permit(Tattoo Parlor/ STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Tattoo Parlor) ADDRESS/DESCRIPTION: 5759 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14579480600000 KEMPSVILLE 0.24 acres Less than 65 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background/Details: The subject site, previously containing an antique shop, has fallen into a state of disrepair. City records indicate that the 1,600 square foot building on the site was constructed in 1971. The applicant intends to renovate the existing building and use the space to operate a tattoo parlor. The first floor of the building will accommodate a reception and sales area, bathroom, and six tattoo booths. The second floor will accommodate one tattoo booth and a private office space. Minimal changes are proposed to the exterior of the building, however; the applicant proposes to move the entryway and has indicated that they will paint and renovate the façades. It should be noted that the sign depicted on the building elevation does not meet the requirements of the Zoning Ordinance. A separate permit will need to be obtained from the Zoning Office and any signage added to the building or site will need to meet all applicable requirements. The subject site is unique in that the rear of the building faces the right-of-way that has been dedicated to the proposed light-rail extension. In an effort to enhance the aesthetic quality of the rear of the property, SECOND SHOT, LLC Agenda Item 12 Page 1 the applicant has agreed to repair the existing shed, remove the existing storage container, and install Category I landscape material along the property line adjacent to Southern Boulevard. The proposed tattoo parlor will consist of six employees including tattoo artists, counter staff and management. Tattoos are by appointment only, and a customer will go through a counseling session prior to receiving services. Additionally, customers will be given extensive after care instructions and healing guidelines. The proposed hours of operation will be from 10:00 a.m. to 10:00 p.m., seven days a week. Tattoo services will only be provided to adults 18 years of age or older, regardless of parental authorization or attendance. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building SURROUNDING LAND North: • Princess Anne Road USE AND ZONING: • Mixed commercial uses/B-2 Community Business District South: • Southern Boulevard (proposed Light Rail Corridor) • Office warehouse/ 1-1 Industrial District East: • Princess Anne Road West: • Mixed commercial/ 1-1 Industrial District NATURAL RESOURCE AND The site is almost entirely developed with a building and associated CULTURAL FEATURES: paved parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural or environmental features associated with the site. COMPREHENSIVE PLAN: This property is located in the Newtown Strategic Growth Area(SGA)as identified by the 2009 Comprehensive Plan and the Newtown SGA Master Plan (adopted on July 6, 2010). In the long term, the Newtown SGA Plan envisions shifting the Newtown light rail ' t EXISTING BUILDING station from its current location in Norfolk to - approximately 2,000 feet east into Virginia Beach where more compatible transit- ' `� / oriented development can occur(p. 25). The triangular land area bordered by Newtown Road, Princess Anne Road and the former --i, Norfolk Southern right-of-way is planned as a 4.. air `' gateway park" largely due to constrained ., , vehicular access opportunities for these parcels(p. 14). The SGA Plan proposes M retaining the subject site's building, X �'� presumably for park-related offices or ! NEWTOWNSTRATEGICGROWTHAREA •'1►�: (RSM►( ' MASTER PLAN services(p. 16, p. 41). Hampton Roads Transit's 30 percent plans for the light-rail extension and multi-purpose path do not impact the subject site, however; the stop bar for the gate on Princess Anne Road will be immediately SECOND SHOT, LLC Agenda Item 12 Page 2 south of the southernmost ingress/egress from the property. This will cause a light delay in exiting the property when the gate is down. Long-term plans to improve Princess Anne Road may require additional right-of-way from the subject site to achieve the ultimate 105-foot width(p. 19). 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road, in the vicinity of this site, is a four-lane divided minor arterial roadway. Princess Anne Road is a variable width right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no CIP projects schedules for the segment of Princess Anne Road. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 14,800 ADT (LOS 4"C") Existing Land Use 2—71 ADT Princess Anne Road 27,393 ADT ' 22,800 ADT ' (LOS 4"D") Proposed Land Use 3—6071 ADT 27,400 ADT '(LOS 4"E") Average Daily Trips 2 as defined by a 1,600 square foot specialty retailer Sas defined by a 1,000 square foot tattoo parlor 4 LOS=Level of Service WATER: This site is currently connected to City water. There is a 10-inch City water main and a 48-inch City water transmission main along Princess Anne Road. The existing 5/8-inch meter(City ID #95127432) may be used or upgraded to accommodate the proposed development. SEWER: This site is currently connected to City sewer. There is an existing 12-inch City sanitary sewer gravity main and a 24-inch HRSD force main along Princess Anne Road. Analysis of the receiving sewer system may be required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for a tattoo parlor is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area, and is acceptable as an interim use on the subject site until the long-term vision of the Newtown SGA is realized. The Newtown SGA Plan identifies the existing building on the site to remain and be used to service a surrounding park area. The proposed improvements to the interior and exterior of the building, in Staff's opinion, encourage retention of the � Cw ' SECOND SHOT,- ,.LC Agenda Itepl 12 Page 3 building until such time market forces allow for redevelopment of the site in line with the vision of the SGA Plan. The two right-in/right-out access points along Princess Anne Road will remain. No new median cuts along Princess Anne Road are proposed. The existing parking spaces provided on the site will remain, and do meet the minimum requirements of Section 203 of the Zoning Ordinance. The Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. The proposed location fulfills this requirement, however; it should be noted that there is a proposed amendment(Item 19 on this agenda)that will eliminate this requirement, should it be approved by City Council. Based on the considerations above, Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. Prior to the issuance of a Certificate of Occupancy, the storage container at the rear of the building shall be removed from the property. 5. To the greatest extent possible, Category I landscape material shall be installed along the property line adjacent to Southern Boulevard. 6. This Conditional Use Permit for a tattoo parlor shall expire in ten (10)years from the date of City Council approval. To continue the use of the site for a tattoo parlor after such expiration, administrative approval shall be obtained from the Planning Director. SECOND SHOT,LLC Agenda Item 12 Page Pag`e4 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. C SECOND SHOT LC Agenda Item 12 -Pa4e 5 _ r e f{ . t I 01 1 1 tr. C c , .,X11 } f __ R _. m_ at i x r • • 3 • l'Q• a cc IR 'F f t T:► j : {17 "47-.... Q �� t yci) .. i 0 f . 1 r a Z ., 4€ J J , `' Z i . J - _ '�. T. r - f: ° t / F.- 0 H./. cn 4. rr" pr‘ ' el*:,, -k_ , /;\ yl \ , r. , Z } AERIAL OF SITE LOCATION SECOND SHOT, LLC , 1 Agenda Item 12 T Page 6 y` ,O Z \ r 7 f a n11 R\ n 4 k.1_., e -N ' - 6)'' 'g. i f , `1 ` tib" 7 ', - " " iii 1 / I4, - �-�� " F. s i .. // __..`I I ! /( n ... i� �- •••• � 1 i ••.• s C N� \ .- ••...•••• .. •••••,...Y I I a .••.. •i. 1`--� 1JV{ • n •....• •.• •.• aJ :6 I " I +• $ Q Q� p \ 12 t Ti, _+ 5 O ,i;\ \ .. \t,N.— ii_ . ., a /1— (i 600-FOOT RADIUS GRAPHIC SECOND SHOT, LLC Agenda Item 12 Page 7 III , cr 0 '44/ 0 2 IU Cn H W I 0 N 2 xW ix t w ' 0 z o Q Z Q > / O 2 0 t I' VET 7". s�4 0 W O z am W 0 O> x F- W W f/1 J 4/ O ,Ti i N4- W Qr ~ 0 Z = N IX W 2 V 4 NS J r x W 4 D o r w ce o :r, t�. . Zlib — O r , G �0 W / < CeO s618 a PROPOSED SITE LAYOUT SECOND SHOT, LLC Agenda Item 12 Page 8 t1x. ,�.' .. ,,,s� --:c1.G r 4, :11 _ a: L____, _-s1-------��_'-'A _ mow--r< • - - _ si _ R1, 4 y _0 A. 1111111i1 ' x_A , r flail ilseal 1 y :, .. * , EXISTING BUILDING SECOND SHOT, LLC Agenda Item 12 Page 9 1111111111 H ;,1 4.1 1 ..-,.....---„,o,.. 1 I __ 1 _. i 1 _ __ _ . _::__ PROPOSED BUILDING ELEVATION SECOND SHOT, LLC Agenda Item 12 Page 10 r ill, -01 11111111 p. a / - „„ - ------A .y FIRST FLOOR LAYOUT SECOND SHOT, LLC Agenda Item 12 Page 11 11111111111111 MN= , mom. taik • ' , :. _v" , �'�, � � ■ =.,ate.` SECOND FLOOR LAYOUT SECOND SHOT, LLC Agenda Item 12 Page 12 II KEMPSVILLE DISTRICT—5759 PRINCESS ANNE ROAD SECOND SHOT, LLC 15497 ,srn5 ro4•es NORFOLK "J112 ,5497 1-1 57 9 15- B-2 c oaf ,S2 1041/ 15643 � �e` 0 15643 ° iSdAS 5769 �» 135-47 U6 At; 109 d 5785 B-2 J 3752 SI sr.; 1'1 5771 Alliiiiiii.._PrinCess '`_.. AgnP c 1 SCAnN,,A, Southern Boulevard (Proposed Light Roil Extension) ROaa _".________ i , i 4 0. , S74 <65 dB DNL AICUZ 1-i 5744 1-2 5765 5741 57714) 57044) 5774104 5727 1-1 57,7A 57646 5786 A 5764 5773 Pa __ Conditional Use Permit(Tattoo Parlor) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 02/24/2009 CUP (business and vocational school) Approved 2 04/08/2008 CUP (tattoo parlor) Approved 3 09/10/1997 CRZ(I-1 to Conditional B-2) Approved 4 11/08/1995 CRZ(I-1 to Conditional 1-2) Approved ZONING HISTORY SECOND SHOT, LLC Agenda Item 12 Page 13 1 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 cos Cry JSE ONLY/.v,:I s,,,s , „st,.«::1nd,1;;.;!,s,.c..:; : ,lc, y Page 1 of 4 0 APPLICANT NOTIFIED OF HEARING IC NO CHANGES AS OF I CI 0/05/2015-i it-9 REVISIONS SUBMI1 TED I."il l DISCLOSURE STATEMENT SECOND SHOT, LLC Agenda Item 12 Page 14 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) Second Shot LLC. Donald Rockwell,president (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1. N/A 2.One Shot LLC,tie Independence Tattoo,Donald Rockwell,president See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Kings Ransom LLC,Albert N.Vinciguerra,president • (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. DISCLOSURE STATEMENT SECOND SHOT, LLC Agenda Item 12 Page 15 Virginia Beach 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 (ill)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 operatina or to be operated on the Prooertv. 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) VA Accounting Services 8 Bookeeping n Accounting and/or preparer of your tax return Rob Architect/Landscape Architect/ 1 n Thomas Architecture P.0 Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ r purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors 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. DISCLOSURE STATEMENT SECOND SHOT, LLC Agenda Item 12 Page 16 Ni13 ., Virginia Beach Financing(include current ❑ vgi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) zr E Legal Services j 6W.1.\Al4 CAA114114itii?IA, 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 Q j( 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 thisAp��li/pliccaation. Ls� PRINT NAME DATE ,�� (�Ibe(f f`(•11knc\t\Je(r.^ i'llAts PROPER,. NER'S A E ` PRINT NAME I DAT 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 SECOND SHOT, LLC Agenda Item 12 Page 17 Item#12 Second Shot, L.L.C. Conditional Use Permit 5759 Princess Anne Road District 2 Kempsville October 14, 2015 CONSENT An application of Second Shot, L.L.C.for a Conditional Use Permit(Tattoo Parlor) on property located at 5759 Princess Anne Road, District 2, Kempsville. GPIN: 14579480600000. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. Prior to the issuance of a Certificate of Occupancy,the storage container at the rear of the building shall be removed from the property. 5. To the greatest extent possible, Category I landscape material shall be installed along the property line adjacent to Southern Boulevard. 6. This Conditional Use Permit for a tattoo parlor shall expire ten (10)years from the date of City Council approval. To continue the use of the site for a tattoo parlor after such expiration, administrative approval shall be obtained from the Planning Director. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE Item #12 Second Shot, L.L.C. Page 2 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 12 by consent. The application Donald Rockwell appeared before the Commission. ...i+ t i _� �" a Ct J Z '` v II l 'I Ilk Y CU ill I A 0 0 tn CO 1. 1cu .L ,'s a VI 0 6 , � •o I 1 u ‘1::: ,QJ dVI j 1 3 t F � L_' OAC \ t \ 2 1 j _-7,Jsi \ .., I a —.1 • - a O - a O j !� lin MO \ is O I to i :-- C o co I, ' ® * -- ' oMo i v s Ilia. co M 1Q Ua1CD I c a `1 U --- I I o N 0 I ii'S ✓ if ' $fL `C UJ 44j I N m _ r' A az(.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LUXURY AUTO RENTALS & SALES, LLC [Applicant] MALIBU FLORIDA HOLDING, INC [Owner] Conditional Use Permit (Motor Vehicle Sales & Repair) 3783 Bonney Road (GPIN 1487337843) COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: November 17, 2015 • Background: The applicant desires to sell and repair automobiles from an existing 6,000 square foot building located on a property zoned B-2 Business District. Within the B-2 District, the City Zoning Ordinance requires a Conditional Use Permit for Motor Vehicle Sales and an Automobile Repair Garage for the proposed operation. • Considerations: The subject site is in the Rosemont Strategic Growth Area (SGA). Although automobile repair and sales is not consistent with the recommendations of the Rosemont SGA Plan, it appears to be an acceptable interim use of this existing commercial property. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one abstention, to recommend approval of this request to the City Council with the following conditions: 1. Development of the subject site and the vehicle display areas shall substantially conform to the site exhibit titled, "SELECT SALES CENTER," dated 9-2-15 and as prepared by GMF Associates as well as the rendering titled, "SELECT SALES CENTER," dated 8-27-15 and as prepared by GMF Associates. 2. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 3. The Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k), the Zoning Administrator may choose to renew the Conditional Use Permit. Luxury Auto Page 2 of 2 • 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 Departmen City Manager: S k - 6 LYNNHAVEN DISTRICT—3733 Bonney Rod Luxury Auto Rentals&Sales,L.L.0 1 5 October 14, 2015 Public Hearing 1 APPLICANT: Bonrowd ch. it...Pdot LUXURY AUTO 4 RENTALS & SALES, LLC rriar4a• PROPERTY OWNER: MALIBU FLORIDA HOLDING Conditional Use Permit(Motor Vehicle Sales and Repair) , INC. STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit for(Motor Vehicle Sales and Automotive Repair Garage) ADDRESS I DESCRIPTION: 3783 Bonney Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14873378430000 LYNNHAVEN 20,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Request The applicant is requesting to sell and repair automobiles from an existing building located on a property zoned B-2 Business District.Within the B-2 District, the City Zoning Ordinance requires a Conditional Use Permit for Motor Vehicle Sales and an Automobile Repair Garage for the proposed operation. Site There is an existing 6,000 square-foot, one-story, vacant, garage building located on site. The building has a storefront on the north façade and an overhead entrance for vehicles on the eastern façade. There is one point of vehicular ingress/egress to the site from Bonney Road. Proposed Operation and Site Improvements The business will employ four people. It is anticipated that two employees will be present during the maximum working shift. The hours of operation will be Monday through Friday, 9:00 am to 6:00 pm to 8:00 pm; Saturday, 9:00 am to 6:00 pm; and on Sunday the business will be closed. As conceptually LUXURY AUTO RENTALS & SALES, LLC Agenda Item 15 Page 1 shown on the submitted site plan, the site will be improved with landscaping that meets or exceeds the requirements of the City Zoning Ordinance and Site Plan Ordinance. Motor vehicles for sale will be on display in a single row near the western side lot line as well as near the northeast corner of the site. Parallel employee parking spaces are located on the side of the building and customer parking is in the front. As shown on the site rendering, the exterior of the existing building will be repainted,foundation landscaping will be provided, and signage will be improved to meet the current requirements of the City Zoning Ordinance. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial SURROUNDING LAND North: • Bonney Road USE AND ZONING: • Vacant, billboard / B-2 Business District South: • Vacant, open lawn /B-2 Business District East: • Lawnmower sales/B-2 Business District West: • Tattoo Parlor, Limousine Service / B-2 Business District NATURAL RESOURCE AND There do not appear to be any significant environmental or cultural CULTURAL FEATURES: features on the property. COMPREHENSIVE PLAN: The subject site is located in the"Thalia Station" Development Initiative of the Rosemont Strategic Growth Area. The Rosemont SGA Plan The Plan calls for under-utilized, under-performing commercial properties to transform into a series of mixed use and residential development opportunities along with public infrastructure improvements. 4 EVALUATION AND RECOMMENDATION The subject site is located in the Rosemont Strategic Growth Area(SGA). The requested use of Automobile Repair and Motor Vehicle Sales is not a use that is consistent with the recommendations of this SGA; however, being mindful of the transition period from the existing land uses located within the boundaries of the SGA to the land uses and built form recommended in the SGA document, Staff is in support of the proposal as an interim use. Section 203(16)of the City Zoning Ordinance requires one parking space for every 900 square feet of sales/service area. This proposal meets this requirement by providing seven parking spaces. Section 224 of the City Zoning Ordinance identifies the land use requirements for Automobile Repair Garages. Typically Category VI landscaping is required to enclose the auto repair garage with the exception of points of ingress and egress. Section 221(i)of the City Zoning Ordinance, allows City Council to deviate from landscape requirements where it will cause no detrimental impact to surrggnding fl Y4 9�3r. LUXURY AUTO RENTALS4&SALES, LC Agenda It 15 Page 2 I ' properties. Given the minimal space between the existing building and property lines as well as the proposed joint use of motor vehicle sales and automotive repair, Staff finds that the landscaping along the front and side lot lines to be acceptable. As proposed and by following the recommended conditions below, the requested use will meet the intent of Section 224. Section 239 of the City Zoning Ordinance identifies the land use requirements for Motor Vehicle Sales. As proposed, and by following the recommended conditions below, the requested use will meet the intent of this Section. For the reasons stated above, Staff recommends approval of the subject request with the conditions listed below. 4 • CONDITIONS 1. Development of the subject site and the vehicle display areas shall substantially conform to the site exhibit titled, "SELECT SALES CENTER," dated 9-2-15 and as prepared by GMF Associates as well as the rendering titled, "SELECT SALES CENTER," dated 8-27-15 and as prepared by GMF Associates. 2. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 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. 31 LUXURY AUTO RENTALSSALES,. SLC A enda It- q,.5.15 `P 3 Asir M R 9 '..'2'••i'•','--- - +r te • I 1 1 � ,�,; �sI-4i4M � u ',, *..* n 1,4 '< 1410 , i : 1ittl �.. it ! f, �. Wit:r I it AO S S r:jai...,rr;.. r i 1- •telt' �! ` _ u X. ' A-',. / 40 , tli ± f. 1` CI fCS 14 t ��4 a, I , i -:4 --7 tt u — ^ Q } # fir ..„ -101.1 44, 7.11 l� 4ii sir I4 . 4 (V q I p� rc • _+moi • jr— ". t ."'' ^ « O. 0 .y . ' I 'I` • ♦e R �,' w s ii :• • w ;i 14. I rw P* W. Lai.. _iiiiiiiiiiiiit, -- '-' . AERIAL OF SITE LOCATION f. -- . LUXURY AUTO RENTALS & , LLC Agenda SALESItem Page 415 j ,',, 3.. -Auto , Value :_; P E my .� yy 4 ... . . 7;...,........., _ . g..t y ,__,--'./—" .o-� ... • sir .'`� a ._ - n i 1 .. ,X . i ,is t z M ��i ,IIIW a ":21----11 ,_ � ` . .,,,:: d { .. , 152 k• 31 ,simN ��,, , , , 1 1 � �� ., , .-4! ��lk \ \ �"��\\"1 III Its , s • EXISTING CONDITIONS LUXURY AUTO RENTALS & SALES, LLC Agenda Item 15 - Page 5 , , , 41-, i > v i . w Q idLP 1 Q ` '''''''''\4101kimig-_• .. 1_, 4W w illt0 $ 11 :i 4 j iii2 _ I \ T .q 4' a-- 11% 1: § U 3 ice, lu psi % ,.. , 7,,,s-,, t ,,,,, - , ro . � i ' L. @ n Lu '• &_, 3 m k .Z... .;?-. ILA , , PROPOSED IMPROVEMENTS LUXURY AUTO RENTALS & SALES, LLC ; ., Agenda Item 15 ~• j Page 6 :,° ,;° i;. I I, i I ;its I � \- }I R 1-- -"; W a§ . 1- — $ , (p� Q i i w i o II . : , i - i - 1 I , (0l i- i 1 - i 1 (o, . ei ,, 5 2 (p01 :1 __. ° •- li / \1!;r+•lel:kt` I 4 ,-R 1 2 NOW ; 1 0 N. 44*. • .•••off®• 1 0% i ROSE HALL DISTRICT— 3783 Bonney Road Luxury Auto Rentals & Sales, L.L.0 1 p9 as Aim Cr, 1 ¢ a a.acn.atid 1.5 legla 1 L__162-------rj- .• C_ 2 il •• K if 011 IN MIN i,.,d,,I ie,... ..4'' ne 1 ps i r_ Conditional Use Permit(Motor Vehicle Sales and Repair) ZONING HISTORY APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 01/22/08 STC Approved 2 03/23/2003 CRZ(1-2 & B-2 to Conditional B-2) Approved CUP (Motor Vehicle Sales) Approved STC Approved 04/13/1999 STC Approved 07/08/1997 CRZ(0-1 to Conditional I-1) Approved 09/28/1993 REZ(B-2 to 0-1) Approved CUP (Mausoleum/cemetery) Approved STC Approved 3 01/23/1996 CUP (Communications Tower) Approved 4 07/13/1993 CUP (Truck Repair) Approved 5 10/30/1989 CUP (Motor Vehicle Repair) Approved 10/12/2010 CUP (Tattoo Parlor) Approved ZONING HISTORY LUXURY AUTO RENTALS & SALES, LLC Agenda Item 15 Page 8 1 , f t,--.,.~ Q , € S` zea. f,.„ 7 e y, .... „,.. ,,,,,...•, ,., ...,„„,,r,„ ...7 ,st,. 4.‹,:i*"' , ,*,4i *'4''', .,-,e,, " if/ k..--'-4,,,,'",' -,t,' ^f*- 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 • 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. FtCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Al.disciosur_s must bn u;;dated t,'i(2)r,e=k;pr.11-t .u,y Page 1 of 4 Mar nit Y Commission and City Coui c me)ir that rer,,+ns i i th;,. 1,pl.;atr:. •7. 0� APPLICANT NOTIFIED OF HEARING DAT: ` ,q 7f-I NO CHANGES AS OF '.)?1 E. I/-4' -acc ✓y�� 0 _REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT -,2,‘ 2,44, r w LUXURY AUTO RENTALS4&SALES, Z LC -A9enda Its 15 Pa 9 Virginia Beall,S . 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) Luxury Auto Rentals&Sales,LLC:George Loizou,Manager • (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 4 1 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) Malibu Florida Holding,Inc.: (Pending recordation of Deed from Malibu Auto Parts,Inc.) (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. DISCLOSURE STATEMENT LA, t 3 , LUXURY AUTO RENTALS48,-SALES,: LC 40enda It-:05 k r , ekbek gmia Bea 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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the 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) Nn Accounting and/or preparer of McPhillips,Roberts&Deans,PLC I N I ' your tax return ® 0 Architect/Landscape Architect/ GMF&Associates Land Planner Contract Purchaser(if other than XI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 7 purchaser of the subject property V'" (identify purchaser(s)and purchaser's service providers) z� Construction Contractors M&M Contracting IX] El Engineers/Surveyors David Williams 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 fs� LUXURY AUTO RENTALS.&k SALES, LC Agenda It ;# 15 - Virginia Beach Financing(include current Monarch Bank Xa mortgage holders and lenders (^I selected or being considered to provide financing for acquisition or construction of the property) Xl i Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for Cushman&Wakefield/Thalhimer; Elcurrent and anticipated future Impera Commercial&Land Company 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 Fi x an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: !certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of a ••• is body btteuttnittee in connection with this Application. George Loizou /11(1\6 AP T'5 SIC' TUREPRINT NAME DATE 74 /�;/ 90--�IC� l� , God �/5 PROPERTY OWNER'S SICNAT)?RV PRINT NAME 1 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. DISCLOSURE STATEMENT LUXURY AUTO RENTALS & SALES, LLC Agenda Item 15 Page 12 1 11 Item #15 Luxury Auto Rentals&Sales, L.L.C. Conditional Use Permit 3783 Bonney Road District 5 Lynnhaven October 14, 2015 CONSENT An application of Luxury Auto Rentals&Sales, L.L.C. for a Conditional Use Permit for(Motor Vehicle Sales and Automotive Repair Garage) on property located at 3783 Bonney Road, District 5, Lynnhaven. G P I N: 14873378430000. CONDITIONS 1. Development of the subject site and the vehicle display areas shall substantially conform to the site exhibit titled, "SELECT SALES CENTER," dated 9-2-15 and as prepared by GMF Associates as well as the rendering titled, "SELECT SALES CENTER," dated 8-27-15 and as prepared by GMF Associates. 2. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 3. This Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k)the Zoning Administrator may choose to renew the Conditional Use Permit. A motion was made and seconded by Commissioner Ripley to approve item 15. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commission approved item 15 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. I Ill ti >` 11 l Y ? i ++ U R3 2— cl. '741tfillf3S / u.. CL c .1 a) C \ ,,.) *11.1.111m-"1".. O R3 co c )ijed tia r 0 4 U�7 O. 1 eW ua^euuul�� h.. i doo111 a o c a ----44.....„„ L.. = I 04 I N cb ..., \ 0 CO ..ci' I cu CO I (.....-iir"L"*N- ! Z o !"':" .o 7 )/ i u'_ c c w /J1,02C4 , 2 • ca '2 c ., 73 s i I,I i --, ''''----„. t = L c J --0 U 3 F.0 2 CO p Q H ' ,CE '� H t ....' 11. / u \ ,k, J •wii ct VI W � = 4+ COG 1 � 71-BN r0 V f4tC ;J :.•..2: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JUMP TRAMPOLINE PARK [Applicant] GENERAL GROWTH PROPERTIES [Owner] Conditional Use Permit (Indoor Recreational Facility) 701 Lynnhaven Parkway (GPIN 1496461559) COUNCIL DISTRICT—ROSE HALL MEETING DATE: November 17, 2015 • Background: The applicant is requesting a Conditional Use Permit to allow an indoor trampoline park in the Lynnhaven Mall. The facility will include approximately 12,000 square feet dedicated to trampolines, two birthday party rooms, restroom facilities and three office spaces. The proposed trampoline park will have open jump space, children's jump space, basketball hoops, a foam pit and dodge ball court. Typical hours of operation are proposed as Sunday to Thursday, 10:00 a.m. to 9:00 p.m. and Friday to Saturday, 10:00 a.m. to 11:00 p.m., with up to 65 employees. • Considerations: The request is generally consistent with the Comprehensive Plan's land use policies for SEGA 2 - West Oceana with regard to adhering to the City's AICUZ provisions and reinforcing commercial uses that are compatible with the surrounding area. The proposed signage and minor façade retrofits will provide interesting and lively updates to the Mall's exterior. This request will offer another indoor recreation opportunity for both residents and tourists. 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 condition: 1. The exterior modifications to the existing building shall be in substantial conformance with the exhibit entitled, "Jump Virginia Shell, Lynnhaven Mall, Virginia Beach — VA," prepared by chadha + associates, dated July 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Jump Trampoline Park Page 2 of 2 Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 4.P Submitting Department/Agency: Planning Departme ' "" City Manager: w k , :38V.1 ROSE wAuDISTRICT—701lYNNAVFNPARKWAY JUMP TRAMPOLINE PARK 1-2 1 4 b2 October 14, 2015 Public Hearing K,.atseye �sl�r7/ 1-1 aroma N oats oocos APPLICANT: csto 0.2 ; JUMP II-2 _ TRAMPOLINE l� R.7.5 iwcn /4 MAU 6-2 ,r � , PARK Z � r man oltARds ' Tc .s N1 i., PROPERTY OWNER: ew LYN��N�L� Q GENERAL 11-2 Conditional Permit(indoo recreation facility) GROWTI-1 PROPERTIES STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Indoor Recreation Facility) ADDRESS/DESCRIPTION: 701 Lynnhaven Parkway GPIN: ELECTION DISTRICT: UNIT SIZE: AICUZ: 14964615590000 ROSE HALL 24,000 square foot APZ 2 unit Greater than 75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit to allow an indoor trampoline park in the Lynnhaven Mall. The facility will include approximately 12,000 square feet dedicated to trampolines, two birthday party rooms, restroom facilities and three office spaces. The proposed trampoline park will have open jump space, children's jump space, basketball hoops, foam pit and dodge ball court. Typical hours of operation are proposed as Sunday to Thursday, 10:00 a.m. to 9:00 p.m. and Friday to Saturday, 10:00 a.m. to 11:00 p.m., with up to 65 employees. Proposed exterior improvements to the building include: a new entrance into the building, new decorative awnings, wall sconces and exterior insulation finishing system accents around the entry, and glass storefront windows. JUMP TRAMPOLINE PARK Agenda Item 14 Page 1 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Lynnhaven Mall, vacant unit SURROUNDING LAND North: • Lynhaven Mall Loop USE AND ZONING: • Mixed retail/ B-2 Community Business District South: • Mixed retail/ B-2 Community Business District East: • Lynhaven Mall Loop • Restaurants/B-2 Community Business District West: • Lynhaven Mall Loop • Parking lot/ B-2 Community Business District NATURAL RESOURCE AND The property is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: developed, no exceptional or notable environmental or cultural resources are present. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Suburban Area Special Economic Growth Area 2(SEGA 2)—West Oceana. It includes Lynnhaven Mall, surrounding retail and office complexes, and Oceana West Industrial Park. All of this area is inside the AICUZ high noise zone and much of it is subject to Navy restrictive easements. SEGAs are predominantly non-residential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas. The City supports all new development or improved redevelopment proposals of this area that adhere to the City's AICUZ provisions and the City's economic growth strategy. The area west of Lynnhaven Parkway is recommended for corporate office, retail, and other comparable commercial use due to this site's high visibility. Special attention should be given to ensure high quality site, landscape and building designs. (pp. 3-29 to 3-30) 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): The site is part of Lynnhaven Mall, a large shopping mall with multiple signalized and un-signalized access points to Lynnhaven Parkway and South Lynnhaven Road. Additional collector and arterial roadways, such as Bow Creek Boulevard and International Parkway, form the fourth leg at some of the signalized mall entrances. According to the MTP Major Street Network Ultimate Rights-of-Way list, adopted by City Council in 2010, Lynnhaven Parkway is to be expanded to 8 lanes. All other streets in the site's area are fully built-out or unlisted. JUMP TRAMPOLINE PE3RK Agenda Item 14 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic a„ Existing Land Use 2-32,200 Lynnhaven Parkway 35,600 ADT 42,100 ADT (LOS D") ADT Proposed Land Use 3-No a , change is anticipated with this South Lynnhaven Road 15,900 ADT 22,800 ADT (LOS D") request Average Daily Trips 2 as defined by Shopping Center with 1,313,500 ft2 gross leasable area 3The Shopping Center land use in the ITE Trip Generation manual envisions both restaurants and recreational facilities as possible tenants and incorporates both uses within the data the generation rates and equations are based on. Therefore, no change in the overall trip generation for Lynnhaven Mall is calculated. 4 LOS=Level of Service WATER&SEWER: This site is already connected to City water and sewer. 4 • EVALUATION AND RECOMMENDATION The Conditional Use Permit request for an indoor recreation facility within the Lynnhaven Mall is generally consistent with the Comprehensive Plan's land use policies for SEGA 2 -West Oceana with regard to adhering to the City's AICUZ provisions and reinforcing commercial uses that are compatible with the surrounding area. In terms of design, the applicant's proposed signage and minor façade retrofits provide interesting and lively updates to the Mall's exterior. In 2013, a Conditional Use Permit for an indoor recreation facility for the neighboring unit, Dave & Buster's, was approved by City Council. Prior to that in 2009, a Conditional Use Permit for an indoor recreation facility for indoor"go-karting"was approved adjacent to this site. This request will offer another indoor recreation opportunity for both residents and tourists. Staff recommends approval of this request with the condition below. JUMP TRAMPOLINE P RK .A0enda Ite1-14 P0e3 4 • CONDITION 1. The exterior modifications to the existing building shall be in substantial conformance with the exhibit entitled, "Jump Virginia Shell, Lynnhaven Mall, Virginia Beach—VA," prepared by chadha + associates, dated July 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 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. JUMP TRAMLINE P POORK Agenda Iters 14 Page 4 i o 1 ► >` ? . \ •. #•t„ItiZ, i = t,- . c., - J fir. ') , . ....: ...... , , L p_ .. - 1---1 .... . .... . . . ......„ , 1 , , • j ", ., . , . 1 i . , / I T / „ e. :.f yr ma . 7 \\J\I, d,,•rf a' O ? f icii j I _1 i -; ... \\.\... \t-: v — . ;.. let66,- ,..) tg, t..4. • a� • , ' i-, v , , , 5( ,, \\44). ' i •1 i., N -r Z Irf } 1 .J I 'Si J t L OVOa N3Ab'HNNAI H1f1OS III i 1 t t.; f t AERIAL OF SITE LOCATION r-,,,,,,,,-, ht A '-' JUMP TRAMPOLINE PARK +_ Agenda Item 14 0 Page 5 , ..+W...Aili I it 1' IR $ d 1@ 'a € s is I' s 6 ; z 1.— "♦ Hli s h (n li 1.'1 11 u �- _R ts / • '-/ � l Rr � \ ' O U.z g /� q I °y W Lscco d .711 o 1 a'n �ac� Lo o 1 1 1 / r 1 / i� "5 lJ 'I r t.--V •,:e.,,,3, 51c,,,o, � � o r R • --\ . • 6(I D Ov.I WW moo o38 r , ) • • • • PQ ' fV ''''' ' \ i, o e yA]{ i • ' ,. a 1s \ '. 6 �, �"" 1) tj i� „� �� °4°9 m i 1 , 1,• . -��'' - . 4 • - , • 3 / r / / J11 %\\ . : , 1Y f' 2 P 6e > d CD PROPOSED SITE LAYOUT I`G A BFA JUMP TRA 1411 RIS v 4.9A Fig . �. � ^�.i. , OF OUR too— ..,p( li I' 1 J 11 I ; . E s 9. H zoo I h PI im w< W qF (..) 'I oQ F-� JtNppi _ a ; ROSE HALL DISTRICT— 701 LYNNHAVEN PARKWAY JUMP TRAMPOLINE PARK 1.a / / N B-2 Kt.au e. rt.rrn['WI) AV / I 11-1 AIS —'----:i 1- su: -:,S DICK'S _ MACY'S SPORTING GOODS -."1\)- E BP-2— - 71 �> o L1( �. r R-7.5 = AMC THEATRES MALL NNHAVEN B� Y r,� Y ,,,,,HZ � .. " ...._._,.yI yl _... I \---------- 1 " Z. S DLLARD'S JC PENNEY S t/ / E.1 73 NP. /-_____ .. _ -- P �� 1-1 ' t ` "L _. i i a eE. LYNNHAVEN MALL LOOP J�QP� -- - //` { I/TIIV---1T-Lr--H1 +� B-2 Conditional Use Permit(indoor recreation facility) APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 01/08/2013 CUP(indoor recreation facility) Granted 07/09/2013 CUP (tattoo studio) Granted 03/24/1998 CUP (indoor recreation facility) Granted 06/23/1992 CUP (motor vehicle repair) Granted ZONING HISTORY JUMP TRAMPOLINE PARK 1 Agenda Item 14 pvt Page 8 ', * V13 Virginia Reach 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 ooProffers f by City Property Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Street Closure Appropriateness Franchise Agreement (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. a • SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business,or — ----- _. --- _.._— -- -- von CI tY 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 IIEARING DATE: •j NO CIIANGES AS OF DATE: 0/05/2015-CAKS D REVISIONS SURMITTED _ DATE: DISCLOSURE STATEMENT JUMP TRAMPOLINE PARK Agenda Item 14 Page 9 NIB 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) Greg Lyons Phil Wendel Greg Wells Chris Craytor (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes' and 2 s • — SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. I Check here if the PROPERTY OWNER 15 NOT a corporation,partnership,firm, business,or other unincorporated organization. [I Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Lynnhaven Mall L.L.0 (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. DISCLOSURE STATEMENT JUMP TRAMPOLINE PARK Agenda Item 14 Page 10 N/B Virginia Beach Parent Company-General Growth Properties Inc. I "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If needed) 'XI I I Accounting and/or preparer of Burkett&Beattie-Chris Beattie I/� 1 your tax return VI El Architect/Landscape Architect/ DCI Architects-Emmanuel Mdingi Land Planner ❑ Contract Purchaser(if other than ixfthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed LJ I i l purchaser of the subject property Elpurchaser purchaser(s)and purchaser's service providers) X I I—I Construction Contractors TBD (�,I Engineers/Surveyors Thomas Foulkes LLC 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 JUMP TRAMPOLINE PARK Agenda Item 14 Page 11 w Virginia Beach Financing(include current United Bank-Robert Wood X I I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IXI u Legal Services Woods Rogers PLC-Alden English Real Estate Brokers/Agents for 1-1 Ix 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 ix an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? 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. 9271 Greg Lyons APPLICANT'S 5I TUBE PRINT NAME DATE 7h4,15 Michael Harris • OWNER'S SI URE PRINT NAME [DATE mn16 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 JUMP TRAMPOLINE PARK Agenda Item 14 Page 12 II Lynnhaven Mall L.L.C. Appointed Entity Type Date First Elected Gregory R. Lynch Assistant Secretary 07/14/2014 Howard A.Sigal Assistant Secretary 07/18/2003 Mary Beattie-Binder Assistant Secretary 08/17/2011 Rosemary G. Feit Assistant Secretary 07/09/2012 Sandeep Mathrani Chief Executive Officer 01/24/2011 Brian S. McCarthy Executive Vice President 07/13/2015 Richard S. Pesin Executive Vice President 01/24/2011 Scott T. Morey Executive Vice President 07/14/2014 Marvin J. Levine Executive Vice President&Chief Legal Officer 02/23/2012 Shobi Khan Executive Vice President&Chief Operating Officer 07/09/2012 Michael B. Berman Executive Vice President, Chief Financial Officer&Treasurer 10/15/2012 Alan J. Barocas Senior Executive Vice President 01/24/2011 Julie Knudson Senior Vice President 07/13/2015 Kathleen M. Courtis Senior Vice President 07/11/2011 Tara Marszewski Senior Vice President&Chief Accounting Officer 10/15/2014 1 II 1 111 CERTIFICATE OF AUTHORITY LYNNHAVEN MALL L.L.C. I, the undersigned, being the duly appointed Vice President & Secretary of Lynnhaven Mall L.L.C., a Delaware limited liability company with its principal place of business at 110 N. Wacker Drive, Chicago, IL 60606, hereby represents and warrants that: 1. Lynnhaven Mall L.L.C. is the owner of the property commonly referred to as Lynnhaven Mall in Virginia Beach, Virginia. 2. This certificate is being delivered in connection with any contract, permit, application or non-monetary letter agreement pertaining to Lynnhaven Mall by and between Lynnhaven Mall L.L.C. and the City of Virginia Beach and/or the county in which Lynnhaven Mall is located; and 3. Michael Harris, General Manager of Lynnhaven Mall, is an authorized signatory for Lynnhaven Mall L.L.C. and as such is authorized to execute any necessary instrument pertaining to item 2. above. IN WITNESS THEREOF, I have hereunto subscribed my official signature this 10th day of November, 2015. Avitit04/ ..............._ Stacie L. Herron State of ILLINOIS County of COOK Personally appeared before me, a Notary Public in and for the County and State aforesaid, Stacie L. Herron who is personally known to me and the same person who executed the foregoing certificate. Witness my hand and notarial seal, in the County and State aforesaid, this 10th day of November, 2015. 7;4'4/44 Christina L. Urbanski, Notary Public My Commission Expires 04/10/2019 OFHCIAL SEAL Cal '. .ISMANSKI loot_ ''lIFNI OF iwow B umpoppo - 99r 10,2019 II Item#14 Jump Trampoline Park Conditional Use Permit 701 Lynnhaven Parkway District 3 Rose Hall October 14, 2015 CONSENT An application of Jump Trampoline Park for a Conditional Use Permit(Indoor Recreation Facility) on property located at 701 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 14964615590000. CONDITIONS 1. The exterior modifications to the existing building shall be in substantial conformance with the exhibit entitled, "Jump Virginia Shell, Lynnhaven Mall,Virginia Beach—VA," prepared by chadha + associates,dated July 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 14. 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 14 by consent. Greg Lyons appeared before the Commission on behalf of the applicant. n .Y-- �.\ tis .. ��r 4 O l ' <. =-1 r 1 +.* 't.. • (i. \4 V ham' �'�j��' � .- 4:3a,,, \----\\::.._-_ ,� _ C"). C)'N \r' Irt *11-4<'' 44* * 4****4% igi �. li - + 0.4 At: . 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Aeii 0,fil ” 74 Ili . awl 'gal / .,/, ,/zzii ---- ' .4 •+ d 4,.,N 41r4 mi boot, f' iti) di o if/1 ;IkkO:ii i - 1(,‘ i . ill.lam \, / fir , r r a • 110 0 1 WO / :\\ r ItilF("ib-Nik , „, k ' ; '; \ 47: \ \ '\..\ ,.‘ / :441 . IP i '41It vs N41S1 - "\‘: ,r77.'Al r IPP 1 .414u E LU alillill • II III/ 10 Z I` r 444 /'�'�� ��� ��0 IVU 4. :12 32 rw M1 ; � rt II 41 ' 3 m W i II Z r1 I "Q , I� 423 C r t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE MEADOWS, LLC [Applicant] / FIVE MILE STRETCH ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER, AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. [Owner] Conditional Change of Zoning (AG-1 and AG-2 to Conditional R-10 Residential) 2800-2900 Block of Princess Anne Road (northeast side of Princess Anne Road, opposite the Virginia Beach National Golf Course (GPINS 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615, 1494481279, 1494482492, 1494485388, and a portion of 1485841210) Comprehensive Plan: Suburban Area [Princess Anne Corridor]. Proposal is for 80 single-family dwellings (density of 1.89 units per acre). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: November 17, 2015 • Background: The applicant has consolidated 11 parcels of undeveloped land totaling 42.45 acres for the purpose of developing an 80-lot single-family residential subdivision. To develop the site as proposed, the applicant is requesting a Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District. • Considerations: The Comprehensive Plan provides two distinct but complementary sets of planning policies for the site of the proposed development. The site is located within an area designated as Sub-Area 2 of the Princess Anne Corridor Study, as well as the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. Policy recommendations for SEGA 4 are provided by the ITA and Vicinity Plan. The site is also within the 65-70 dB DNL Noise Zone — Sub Area 2. For this Sub-Area, Section 1804 of the AICUZ Overlay Ordinance states that the density of residential development be the same or below the density of other similar residential use in the area. The residential density of the applicant's proposed development is 1.89 units per acre, less than the density of surrounding residential communities and less than the density of 2.0 units per acre recommended by the Comprehensive Plan. At the request of the Planning Commission, the applicant revised Proffer Two to provide for the closure of the access point located on Princess Anne Road "in the event the City of Virginia Beach through its CIP process elects to develop the London Bridge Extension as designated in the Plan and seeks to construct a connector road from the property to London Bridge Road." This additional proffer addresses the designation of Princess Anne Road from Ferrell Parkway to Nimmo Princess Anne Meadows Page 2 of 2 Parkway as an "Access Control Roadway" by the Master Transportation Plan. Private direct access is not permitted on an Access Control Roadway"except when the property in question has no other reasonable access to the circulation system." At the current time, the only available access for the proposed development is at the location shown on the proffered plan. Further details pertaining to the Comprehensive Plan recommendations for this area, as well as the proffered development plan, building elevations, and Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the application. • Recommendations: The Planning Commission passed a motion by a recorded vote of 7-3, to recommend approval of this request to the City Council as proffered. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen r,�ri1�ii City Manager: V. , N", D2 October 14, 2015 Public Hearing PRINCESS ANNE )Ia1Hdl-I-II Princess Anne Meadows,L.L.C. . .7.. R 0Q R10iAPPLICANT: RG1NfidAvrighla AG1 /i%y., R10 70- ii II r .• L � PRINCESS ANNE .__,_G14-7od1Ldi1 MEADOWS, LLC. aG2 �� {� ti ' acs rte 0 4 PROPERTY OWNERS: „�,, FIVE MILE STRETCH '4s4 AGI z;ti ASSOCIATES, LLC; JAMES T. CROMWELL, SPECIAL 657 # , AG2; �` ; COMMISSIONER FOR THE - f ` - _ ..4 ESTATES OF ANNIE B. limn.+.+.r.rc..mn Amr..ar.,°'"y,,.',,,,..` ConditionalConditionaChange1....1.....yanal Zoning Change fromA014,402 to SETZER, BROWN K. SETZER, �•_ , Conditional R•10 AND ROBERT C. SETZER; LOLITA C. ARLAR, AND E.S.G. ENTERPRISES, INC. STAFF PLANNER: Stephen J.White REQUEST: Change of Zoning(AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District) ADDRESS I DESCRIPTION: 2800-2900 Block of Princess Anne Road GPINS: ELECTION SITE SIZE: AICUZ: 1494470310; 1494461695; 1494471877; DISTRICT: 42.45 acres 65-70 dB DNL 1494464666; 1494475502; 1494475847; PRINCESS ANNE Sub-Area 2 1494479615; 1494481279; 1494482492; 1494485388; and a portion of 1485841210 4 • BACKGROUND / DETAILS OF PROPOSAL Application History At its September 9, 2015 public hearing, the Planning Commission deferred this application for the purpose of providing the applicant time to consider comments and observations from the Planning Commission and to revise the plans and proffers as desired. The applicant has submitted a revised plan that shows five fewer lots, an increase of open space from the previous 19 percent to 29 percent, and greater detail with regard to recreational amenities, circulation, and connectivity. PRINCESS ANNE MEADOWS Agenda Item D2 Page 1 Background The applicant has consolidated 11 parcels of undeveloped land on the north side of Princess Anne Road for the purpose of developing an 80-lot single-family residential development. To develop the site as proposed, the applicant is requesting a Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District. The proposed development site is located within an area between Holland Road and Princess Anne Road that consists of over 30 separate parcels of various shapes and sizes. The Comprehensive Plan, as part of the Princess Anne Corridor Study('Corridor Study) refers to this area as 'Sub-Area 2' (not to be confused with the 65-70 dB DNL AICUZ, Sub-Area 2). The specific recommendations of the Corridor Study for this area are discussed later in this report. The development of the area as one, or two separate developments, is constrained by the following: • The western and northern part of the area is impacted by the proposed alignment of the Southeastern Parkway and Greenbelt(SEPG), its interchange with Princess Anne Road, and its crossing of Holland Road. When the SEPG commences toward construction, it is not yet known how much of the properties in this western portion of the site will be acquired. • Ownership in this area is complex. Two of the parcels are owned by family trusts, with one of the trusts held by a trustee located in New York City. Finally, three of the parcels located near the Virginia Power right-of-way (and adjacent to the applicant's proposed neighborhood) are small parcels owned by members of the Etheridge family; therefore, any development to the west would be required to protect these properties to ensure compatibility or thoughtfully incorporate the parcels into the development. • Staff believes that based on recent U.S. Army Corps of Engineers (COE) non-tidal wetland delineations in this area of the city, much of the western part of this area may possess the type of vegetation and meet criteria now used by the COE for identification of non-tidal wetlands. • The southeastern part of the area is impacted by non-tidal wetlands, which have been delineated by the COE. The applicant has a Memorandum of Agreement with the COE and the Virginia Department of Historic Resources pertaining to development of the subject site. • The southeastern part of the area is also constrained by the alignment of a proposed roadway connection between Holland Road and Princess Anne Road that is shown on the Master Transportation Plan. • The entire area known as Sub-Area 2 is impacted by a 66-foot wide right-of-way owned by Dominion Virginia Power that runs through the area from west to east. Details Site Layout and Lots: • The proposed plan consists of 80 lots on 42.45 acres of developable land, which results in a density of 1.89 units per acre). • The subdivision is laid out in a traditional suburban pattern with the lots adjacent to each other located on a street system that includes three cul-de-sac roadway terminations. The street right- of-way is shown as 50 feet and the street section on the plan meets City standards. • Since the requested zoning change is for R-10 Residential rather than PD-I-12 Planned Development that was requested with a past application for some of these properties, the setback distance for the yards, the lot coverage, and all of the other dimensional requirements must meet those specified in the Zoning Ordinance for the R-10 District. • The plan shows a cul-de-sac in the northeastern corner of the site that will allow for the extension of the street to the proposed future roadway connecting Holland Road and Princess Anne Road. Staff will ensure that Lots 65 and 66, which are adjacent to the end of the cul-de-sac, are PRINCESS ANNE MEADOWS Agenda Item D2 Page 2 I I configured such that there is sufficient right-of-way at the end of the cul-de-sac to allow for the connection. • The area of the site south of the Virginia Power right-of-way will have 59 lots and the area north of the right-of-way will have the remaining 21 lots. The previously proffered plan had two cul-de- sac streets in the center of the southern portion of the neighborhood with lots between the two cul-de-sacs, which resulted in a reduction of connectivity opportunities for the neighborhood. The currently proffered plan shows the elimination of the cul-de-sacs, with the roadways instead connected, increasing connectivity within the neighborhood, as well as pedestrian and bicycle circulation opportunities. • The plan shows all of the streets with a sidewalk on at least one side. Connections across the streets from one sidewalk to another are distinguished from the asphalt surface of the roadways by a decorative pattern change in surface treatment(the specific material and design will be determined during site plan review). Open Space/Landscaping: • In addition to private open space associated with each lot, there are 12.35 acres of open space area within the development area. The proffered plan indicates that the open space consists 3.43 acres of lakes, 5.15 acres of forested area, 2.61 acres of managed lawn area, and 1.16 acres of buffer dedicated to the City between Christopher Farms and the proposed right-of-way for the future road connection between Holland Road and Princess Anne Road. The cemetery located on the development site is not part of the calculated open space for the proposed community. The total area of open space equates to 29 percent of the total site acreage. • The plan shows that the open space includes trails around the lakes, as well as a 'pet park,' located at the southeast corner of the site, and a recreational area, located just to the north of the Virginia Power right-of-way. The recreational area includes playground, gazebo, picnic pavilion with a grill, and a permanent cornhole tournament area. • A trail within the pet park connects to a paved accessway that runs along the eastern side of an existing stormwater pond associated with Princess Anne Road. That accessway connects with the bicycle and pedestrian path along Princess Anne Road. • A 20-foot wide landscaped area will be located between the Princess Anne Road right-of-way and the rear lot lines of the parcels parallel to Princess Anne Road. The area will be included in the overall maintenance of the open space areas, as managed by the Homeowners Association. The proffered plan indicates there will be a six-foot high, privacy fence, with brick columns installed in the area. The area in front of the fence will be landscaped.While no tree species is identified on the proffered plan, staff will require evergreen plantings, a recommendation of the Corridor Study, during site plan review. Site Access: • Primary vehicular and pedestrian access will be directly from Princess Anne Road at an existing median opening on Princess Anne Road. The median opening is designed for double-left turns to the north and to the south. • The access roadway for the proposed subdivision is shown adjacent to the point where a 20-foot wide lane intersects Princess Anne Road. From the point of intersection with Princess Anne Road, the lane extends northward immediately adjacent to the western side of the subject site, providing access to a cluster of houses adjacent to the Virginia Power right-of-way. • The status of the lane as private or public is difficult to determine by a review of the various subdivision plats and deeds in the area. The various plats label it as either a"20-Foot Road," "20- Foot Lane," or a "20-Foot R. of W."A 1960 plat notes that"A 15 Ft. strip along S side of 20' R of W will be dedicated to PA County if or when needed to widen Rd." A 1922 plat(prior to the Commonwealth establishing Princess Anne Road), labels it as"Lane," and based on the length of PRINCESS ANNE MEADOWS Agenda Item D2 Page 3 the property line, the lane extended south of what is now Princess Anne Road, then went southeast along what is now the northern property line of the Virginia Beach National Golf Course until intersecting what is now Princess Anne Road. Some of the plats and deeds for property north of the Virginia Power right-of-way label the road as Schoolhouse Road (as shown on the proffered plan). Based on Staff's research, it is highly likely that the 'lane' is a 20-foot wide public right-of-way that originally ran from Holland Swamp Road (now Holland Road)to where the small group of houses are located where the lane crosses the Virginia Power right-of-way(formerly a railroad line to southern Princess Anne County), and then eastward to the Courthouse. • The proffered plan shows that the applicant is providing a 50-foot wide right-of-way roadway connection to the western portion of the area. This connection is located immediately north of the main access on Princess Anne Road. This roadway also provides a means for a driver on the 20- foot wide lane to access Princess Anne Road. • The design of the main entrance into the subdivision from Princess Anne Road will consist of a divided roadway with brick walls flanking both sides of the roadway. The walls will be accentuated at the highest point adjacent to the roadway by columns that are capped with a peaked roof element. As the wall moves away from the roadway, it will gradually curve down to tie into the six- foot high fence described in the previous section. • The neighborhood identification sign will be located in the median of the divided roadway. The principal design elements of the sign are the same as the walls flanking the entrance, and include a brick sign panel with brick column elements on both sides, matching those of the roadway entrance. • The identification sign is shown mounted to the brick sign panel. Since the sign will be located in the public right-of-way, the applicant will need to obtain an Encroachment Agreement from the City. • Emergency access for the community will be provided by a secondary 'emergency access lane,' which will extend from the southernmost street in the community to Princess Anne Road via an existing paved lane that runs adjacent to the eastern side of an existing stormwater pond associated with Princess Anne Road. This lane will be improved to support the weight and width of emergency response vehicles and will be gated and secured as required by the Fire Department. Houses: • The developer has proffered colored elevation drawings depicting nine house styles that are indicative of what will be built in the subdivision. The styles are compatible with those in the nearest residential neighborhoods, such as Christopher Farms, located to the northeast. • Each two-story house will contain a minimum of 2,400 square feet of enclosed living area, excluding the garage, and each one-story house will contain a minimum of 2,150 square feet of enclosed living area, excluding the garage. • Every dwelling will have a two-car garage and off-street parking for at least two vehicles. • Proffer 6 of the Conditional Zoning Agreement states that the exterior building materials will be a combination of architectural-grade shingles, raised metal-seam roof accents, Hardieplank®or similar fiber-cement siding, or masonry. PRINCESS ANNE MEADOWS Agenda Item D2 Page 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped SURROUNDING LAND North: • Single-family dwellings/ R-7.5 Residential District USE AND ZONING: South: • Princess Anne Road • Golf course, residential dwelling and undeveloped land / AG-1 &AG-2 Agricultural District East: • Undeveloped land/AG-1 &AG-2 Agricultural District • Single-family dwellings/ R-7.5 Residential District West: • Undeveloped land/AG-1 &AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The applicant has conducted Phase I and Phase II archaeological surveys of the development site. The surveys were a component of the non-tidal wetlands permitting process of the Corps of Engineers (Corps). Federal regulations implementing Section 106 of the National Historic Preservation Act(NHPA) require the Corps to take into account the effects of the proposed permitted action on properties included in or eligible for inclusion in the National Register of Historic Places (NRHP) prior to the issuance of permits. Accordingly, the Virginia Department of Historic Resources (DHR), which acts as the State Historic Preservation Office(SHPO) under the provisions of NHPA, requested and reviewed the archaeological surveys. As a result of the surveys, a small area of the proposed development site was identified as being eligible for inclusion in the NRHP. A"Memorandum of Agreement(MOA) among Princess Anne Meadows, LLC [the applicant], the Virginia State Historic Preservation Office, and the Norfolk District, Corps of Engineers" pertaining to additional research of the identified area, as well as protection of the historic resources throughout the development site has been agreed upon and executed. An additional participant in the preparation of the MOA was Ms. Susan Moore, a resident of Christopher Farms, a nearby neighborhood. In summary, the MOA requires the applicant to, among other actions, do the following: 1. Develop and implement a data recovery plan for the site identified as being eligible for the NRHP [no development activity can occur in this area until the SHPO allows it]; 2. Conduct a detailed survey of and develop and implement a plan for the Brown Family Cemetery(the general area shown on the proffered plan as "CEMETERY"); and 3. Cease construction activity in the immediate area (100-foot radius)around any human skeletal material or grave-related features that are encountered outside the cemetery preservation area as well as any potential historic resources uncovered anywhere within the development site(the MOA provides the process to be followed upon such a finding). The MOA also provides requirements regarding the preparation of report documents and their submission, the professional qualifications of those who conduct the research, and the method by which all resources are to be deposited for permanent curation with DHR. COMPREHENSIVE PLAN: The subject site is located within the Princess Anne Special Economic Growth Area(SEGA 4) - North Princess Anne Commons as well as Sub-Area 2 of the Princess Anne Corridor Study(Corridor Study). The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The guiding plan for Sub-Area 2 is the Corridor Study, which PRINCESS ANNE MEADOWS Agenda Item D2 Page 5 is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary sets of planning policies for the site. The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road,for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub-Areas in the Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Discussion of the relevant policies and recommendations for the evaluation of this rezoning is provided in the Evaluation and Recommendation section of this report. 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a four-lane divided roadway with parallel multi-use trails. The speed limit is 55 mph. The subdivision entrance is at a median break and will displace a private street serving three houses; however, this private street traffic will be rerouted through the new subdivision. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2- 10 ADT (30 ADT,2 AM Peak Hour Trips, and 3 PM Up to 32,500 ADT 1(LOS° Peak Hour Trips for 3 houses on a private Princess AnneC 30,500 ADT ' a street) Road Up to 34,900 ADT (LOS "E") --Capacity Proposed Land Use 3-843 ADT (64 AM Peak Hour Trips, and 85 PM Peak Hour trips) 'Average Daily Trips 2 as defined by the Agricultural zoning of the total acreage of the subject parcels 3 as defined by 80-house development plus 3 houses on private street of through traffic 4 LOS=Level of Service A right-turn lane on Princess Anne Road will be required during site plan review of this subdivision. The turn lane shall have a minimum 150' storage and 150' taper. WATER: This site must connect to City water. Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter. There are existing 10-inch and 20-inch City water mains located within Princess Anne Road, and there is an existing 20-inch City water main in the Dominion Virginia Power 66-foot wide right-of-way. PRINCESS ANNE MEADOWS Agenda Item D2 Page 6 11 SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. Each single-family parcel must be served by an exclusive lateral connection. The Department of Public Utilities has discussed potential cost participation with the developer to design and construct a sanitary sewer pump station with additional capacity to provide service to surrounding parcels. Plans and bonds will be required for construction extension of the sanitary sewer system. SCHOOLS: Current School Enrollment Capacity Generation Change 2 Christopher Farms 642 724 21 19 Landstown Middle 1,485 1,582 13 13 Landstown High 2,195 2,368 18 17 '"generation"represents the number of students that the development will add to the school 2 "change"represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive(additional students)or negative(fewer students). 4 • EVALUATION AND RECOMMENDATION The applicant has consolidated 11 parcels, zoned AG-1 and AG-2 Agricultural, to create a single 42.45- acre parcel that the applicant proposes to develop as an 80-lot single-family residential community. The applicant has proffered building elevations as well as exterior building materials that are consistent with the Comprehensive Plan's recommendations regarding quality of design. Vehicular access to the site has been limited to one existing access point on Princess Anne Road that currently provides access for a lane that runs north to a small group of homes. Use of this access point for the proposed development, while also maintaining and improving the access to the private lane, is consistent with the 'Access Controlled' designation of Princess Anne Road. With regard to the Comprehensive Plan's land use recommendations for this area, the proposed development site is located within an area designated as Sub-Area 2 of the Princess Anne Corridor Study (no relationship to Sub-Area 2 of the 65-70 AICUZ)as well as the Princess Anne Special Economic Growth Area(SEGA 4)- North Princess Anne Commons, as designated by the Comprehensive Plan. Policy recommendations for SEGA 4 are provided by the 1TA and Vicinity Plan. The general goals for land uses of the Princess Anne SEGA 4- North Princess Anne Commons are to encourage quality-planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted due to its designation as an 'Access Controlled' roadway in the City's Master Transportation Plan. Access for such roadways is allowed only where it already exists or planned, or when the property in question has no other reasonable access to the circulation system. The applicant is using an existing access point where a median break and turn lanes exist(left-turn into the site)or will be constructed (right-turn into the site). The applicant, however, is proffering that when the connector roadway between Princess Anne Road and Holland Road (or similar) is built, this existing access point will be closed. The Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediately surrounding area, which the Corridor Study designates as Sub-Area PRINCESS ANNE MEADOWS Agenda Item D2 Page 7 I i I 2. This Sub-Area consists of approximately 100 acres and includes over 30 privately owned parcels with a few single-family residences(p. 10, Corridor Study).The 'viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of planting and design. Buffer plantings between Sub-Area 2 and adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments(p. 16-17, Corridor Study). The Corridor Study provides incentives consistent with the City's Oceana Land Use Conformity program that support these objectives, stating that there may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. The Study notes that some weight should be given to this in determining the allowable density. The baseline density recommended by the Corridor Study is 2 units per acre. Prior to the 2005 revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceana by BRAC, the baseline density for the Sub-Area 2 was 6 units per acre. The Corridor Study does allow the opportunity for density up to 3.3 dwelling units per acre; however, such density may be achieved only for a development proposal that meets several Performance Criteria that are specified in the Corridor Study. In this case, however, the applicant proposes development of the site below the baseline density of 2 dwelling units per acre. AICUZ Overlay Ordinance The subject site is located within the 65 to 70 dB DNL AICUZ(Sub-Area 2 [not to be confused with Sub- Area 2 of the Princess Anne Corridor Study]). Accordingly, since this is a discretionary development application, the provisions of Section 1804 of the City Zoning Ordinance apply. Specifically, Section 1804(c)(3) states the following: For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: i. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and ii. Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. With respect to first criterion above, the proposed density of 1.89 dwelling units per acre is consistent with, and in fact less than, the densities of and is consistent with the density recommended by the Comprehensive Plan. The density of the residential communities in the area are provided below: a. Christopher Farms (Phases 1 and 2)--2.7 units per acre b. Christopher Farms (Phase 3) [formerly known as Pleasant Acres]—2.28 units per acre c. Buryn Farm South—2.77 units per acre d. Woods of Piney Grove—3 units per acre With respect to the second criterion above, the Staff finds that the proposed development conforms to the recommendations of the Comprehensive Plan, and in particular, the Princess Anne Corridor Study's recommendations for this area of the corridor. Accordingly, Staff recommends approval of the requested Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District, with the applicant's proffers, which are provided below. PRINCESS ANNE MEADOWS Agenda Item D2 Page 8 • • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Plan"). PROFFER 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. [NOTE—THE FOLLOWING WAS ADDED AFTER THE PLANNING COMMISSION PUBLIC HEARING AT THE REQUEST OF THE PLANNING COMMISSION] The Applicant shall include in the Homeowners Association documents that in the event the City of Virginia Beach through its CIP process elects to develop the London Bridge Extension as designated in the Plan and seeks to construct a connector road from the property to London Bridge Road that the entrance on Princess Anne Road may be ceased by the City. PROFFER 3: When the Property is developed, it will be subdivided into no more than(80) single family residential building lots.When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. PROFFER 4: When the Property is developed the areas shown on the Plan outside the 80 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Tree Preservation Areas" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. PROFFER 5: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. PRINCESS ANNE MEADOWS Agenda Item D2 Page 9 PROFFER 6: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features, and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. PROFFER 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers provide assurance that the site will be developed as shown on the submitted plan, with the street layout and open spaces as depicted. The architectural styling, interior floor area, and the exterior building materials proffered for the houses demonstrate that the community will be high-quality. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRINCESS ANNE MEADOWS Agenda Item D2 Page 10 It RIGH T-OF-WAV �„ . DEDICATION •S < 1xa e 1 40 ACRES c$s(CV 0...q4@ FORESTED 1 < \‘‘� OPEN AREA 0 3 - ,� ` c,O,per 0 BO ACRES �= � lAEDSIDE TRAIL P \\ 4- t02MILE k ` QP MANAGED LAWN ._ ik, !+ - \ Jo a' OPEN AREA "'-7.• T Ef. t 0�0 ORES etl w�- FORESTED ;f-- 7 'GED LAWN / FOUNTAIN ` ' O. . ' OPEN AREA ,� '. E TS ACRES y1.•a AREA ....` .� , w° -- 4 ."''Fr 4 1 ' � 3 y4.V" t j i FORESTER O 1 � u; f' C. ' ,.. OPEN AREA 0 10 ACRES } • - P AtOG p• a SIDEWALK rJl i1r s - 1V a,) t y g b - 'FOUNTAIN 'kn.'.;- 7n'Ya„ " y. A) 'r c TYPICAL ,� eY' t 235 ACRES T y } 'a. * a ' PARK .. ` P a os, s PrAy s r k ENH ID It >� +1pCerL�. ORES-FED 'FOUNTAIN w OPEN SPACE tat BUFFER 'w r \DEDICATI116ACRES �•'r-a.____ . ON ., x {I� : .,... .LAI-SIDE TRAIL _ _.....- MK - a. , �"�Y -�r � I FORESTED f .,) ' s d 1 _ .f - orAt :: t O 'r \ OP3 A AREA. > g 3 ,._ � 33 acREs 0 0 ,d 2s ,3' '46 N 0' 4A •,� a =. MANAGED LAWN -- , 42 s' I ,. OPEN '` , AREA 16 a ac_• o f z, O 2.7 AGARREES' alai 1 j .:,� .+ > a `y cRc O` ,.ei ,, - 0 J r <2a' - .‘-‘411124 - ) 00 I O -PET PARD( ,-, G CONNECTION TO Ft IGFITOEOf 8ND �_..� ;7- - 6' _"ISD; fR1f SHAREDAISEPATH W "L' w. 2UlHDSCAPE BUFFER SFE CN E a a, ...-. ♦ a � ' ' a a PUMPSTArION ,,`' '1 '` (100 MILES TOTAL] -' , , '. • W BES ED d , • `b N e TS �� MON �� - •• '� CONNECTION TO SHARE:-JSE P4TH �.. p - . �. ARs- t741�MTSIGN >u PROPOSED TtptN LAN=_ ^" CONNECTION TO - `" SHARED-USE PA-H v1 =TM - MANAGE LA:.S ,; ...- .' t' (. •{ < < C 1 "� 0,t4 AREA rE ". _ PROJECT STATISTICS RIGHT-OF WAYS DEDICATIONS OPEN SPACE AREAS SUBDIVISION INTERIOR.6.10 ACRES PLAN OF GROSS DEVELOPMENT AREA.4245 ACRES LAKES:343 ACRES FUTURE ROAD:2.06 ACRES PROPOSED ZONING:CONDITIONAL R-10 FORESTED 5.15 ACRES SOUTHEAST PARKWAY:1.40 ACRES .4(�,PRINCESS ANNE DEVELOPMENT TYPE'.SINGLE FAMILY RESIDENTIAL MANAGED LAWN:261 ACRES TOTAL.9.56 ACRES r MEADOWS PROPOSED NUMBER OF DWELLING UNITS 80 BUFFER DEDICATION TO CITY.1.16 ACRES PEDESTRIAN ACCESS PROPOSED DENSITY:1.88 UNITS i ACRE TOTAL:12.35 ACRES SIDEWALKS'1.06 MILES SEPTEMBER u,2015 rni NIMUM LOT SIZE.10,000 SO.FT. OPEN SPACE PERCENTAGE 29.09% TRAILS:0.51 MILES P'° °j'Amerlas D°"�"' PROPOSED SITE LAYOUT AND DETAILS PRINCESS ANNE MEADOWS -, Agenda Item D2 Page 11 STREET TREES ALONG BOTH SIDES I° GAZEBO —STREET LIGHTING w`' ,i -PICNIC PAVILION WITH GRILL .fr �.. BENCH'- ' As � 1 . �d�4 ,L . PERMANENT CORNHOLE 'fir�► �'��l ', 4 TOURNAMENT SIDEWALK – ALONG ONE Ct I CURB gg ; RIGHT ---OFF-WAYi /GUTTER [ COMMUNITY AMENITY AREA 1 -� 15' I 15' y i 30' 1 50' RAN TYPICAL ROAD SECTION RAN -.NM MIIIIIIINIMMMill• ...IP .. PRIMEADNCESOWS ANSNE 1644 Mt 1 tii�`117410�f44\gy p-aM MONUMENT SIGNAGE 4' , , !'I ENTRANCE ELEVATION SITE DETAILS PRINCESS ANNE MEADOWS u'" Agenda Item D2 Page 12 I. + i ;. ., G ....y.•. .' }ml. I 00 O e _ am.L r+.� • Or ft" E u- `` '�; * m i. f0 tti 0 N CI ,, . i4 A w o N ::-81 ■ti a ti .3050 - i y d �F3� QJ N Imo f o - N cn Q 4J dm ? m m(7 N :F7 O N 0 ti-.E-• m O _`�I I fO co hr .I i;o Z c'' LL o Q G ` `. rn tAp i . (I.) m , I O Zw �U � e I,. ...-, — I toa ` N co W f E V S).15 \\\I , . - CD 0 ver.�a l m ,la "ir-*7.4tr 4 1T.46. L 1 - _ -0 N ei .;,..--1-r,--f 8 --ir - _ ....,,,2 PROPOSED BUILDING ELEVATION SHOWING EXTERIOR MATERIALS 4 PRINCESS ANNE MEADOWS Agenda Item D2 Page 13 t ...r 1 s, �I 11 !t�1 I! n 8 n. ill +JIJIJ ,... 1, _ ,_. . .. • i -fain j IMIlliw o! ' NEMO INFO o oat- z- -� it., , 4 ' /44 01"16 —L" - 1 PROPOSED BUILDING ELEVATIONS j PRINCESS ANNE MEADOWS Agenda Item D2 Page 14 F .. 11 / i �. -'r ' a LE. '- 3; 1t.. i:.,. ... 1 , q '+►:, . 't SIN !®8D -:�� Eng \4(1 ' ' [ iiim 3 a I ano [. .1 I - f[or)c 7 1; 1 1.=. ...1. R. . Zw w !....-.3 �•� f7i'f! 3 1r - it "' r - _ --_ ,., -4.-7- -,-..„-,0.- - .. „At- - , r ..„,_ . „..;. -: ::..... ..„. . ,..... It. 4. s ' -V .0 PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS Agenda Item D2 Page 15 I 1 1 1 .. .. . „........ ,, hitt J101011,1 , ''' / ---' 1 ,111,11111,st.0 , / ,..,-/ .,.. ....... . i r„ . .. -A jr•...? ._ ',' - - .. 1.1m. •••• n.....gi . . 1 1.._____)__ .• ' 1, .*m,m,)u,r07. 1I' - - _ •7 7,,-,l--, / I _ 1Im , ..: It / / 7.-7111:: I L.Li ,. • `, illite.:- ' Z — ...., • 1 ' —7=1 . < ' -• is/ 477;,- . '6110 ,............... V)#,..., U , < • • t IIIMEI ami t ' 0 't. -- t t G 11 411,14. ----.'11 I! 1E313E3 A)ibi. • iv ,,,, , ,i.,.: i t..._, ,.. ,• __ •,.i -- i loon .'". -• - 'If v. , --1 i:flf - .saiiil 1 Ionia •,.. 1 . .. 7.'7:- •, — • ,,1! 'DOD • ,.:'ii it Aor . t lung 'Elfin --- 771 41 I _A_ -_ ' WWI ' r 1 . 1 HI- - ''' - -7 ". <i.--- RIM R-11-1711' ‘ . ....,- i sr, ,..... .2. . . , . ,.. . , - .... '''' . 1 _ I A 4 I • . • r. c-- -- • :,.... ,- .. -- ,.. . owl PROPOSED BUILDING ELEVATIONS PRINCESS ANNE MEADOWS Agenda Item D2 Page 16 I I PRINCESS ANNE Mapes-11 -I-11 Princess Anne Meadows, L.L.C. . Wip Not to Scate .� y L °_i R7.5* �::�..-. , "'S../_ AG2 RI 0* W4 1111 /01,. •., ,�i A.�2 Zai 70- 11 11 ICI Allrer. R��Ivy ): a�'��`� ,��'�.%!" >' • ;��: � r �`- AG2 fill.. i %�� :� G � � 60 An � r_000,a . is C' 40, .77111111111111111111=—A,?`4 ------ / „g • ill NI_ Aitividir0 4 ,,--,......„,,,,..4 ,,,, 4 dr' "I WO ' 41U; .='‘Q.4114,44 , -.,.....- 4 . ' i \!. 441, wdb 411) ti$04P-,"3" vi NIN , ... ....._-. ..st.,,. ,,,,,•!Fie 44. .13,04:441P.4.6" ______=__ .7 1....7... m" .. i=r tessemmixffte.,'I lb ' .,;71 \fag Te40040,,,.' k;c = Is. Aft..4---7..!tm,rfii-- _ .,_ -- .11 a 2 / V4..411•Lek"40 -4, ----*:_-___:_________, ...r.,,....;-_,__—_,,.............. , _.. ..*",.. 1;4-..00:4, ,t,,,,,,.:2,, •Zoning with ConditionsProffers,Open Space Promotion Conditional Zoning Change from AG1+AG2 to ITA—Interfacility Traffic Area Conditional R-10 APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 01/09/2007 CUP(Outdoor recreation-golf course) Approved 2 03/14/2000 CUP (Outdoor recreation-golf course) Approved 3 05/27/1997 SVR Approved 4 11/18/2014 CRZ(AG-1 &AG-2 to PD-H2 [R-10]) Denied ZONING HISTORY PRINCESS ANNE MEADOWS Agenda Item D2 Page 17 I Vitginia 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. • PRINCESS ANNE MEADOWS LLC 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• . T tXi_I �,t:� ._�s;ti)t t 777 Page 1 of 4 ® yPPLP'AYT NO,IFIED e! H. NO CHAKi:E10/1/2015 S AS Or ... Lo 'FVISHI)N,SUM I T.n DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 18 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) Princess Anne Meadows LLC: Kotarides Holdings LLC(sole member),Petro A.Kotarides, Pete O.Kotarides,Pete A.Kotarides and Basil O.Kotarides(all managers) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC,sole member of applicant.See attached list for Affiliated business entities in Virginia 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. 0 Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name 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 nrihlir- cm.,e .,s A DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 19 "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 0) 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) ® n Accounting and/or preparer of McPhillips,Roberts and Dean your tax return Architect/Landscape Architect/ Jim Bradford,Porterfield Desi n Land Planner g Contract Purchaser(if other than • QX 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) X• Q Construction Contractors n n Engineers /Surveyors Horton and Dood,P.C. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 20 11 111.iit/ Virginia Beach Financing (include current ❑ mortgage holders and lenders selected or being considered to BB&T provide financing for acquisition or construction of the property) ® ❑ Legal Services Kaufman&Canoles,Eastern Law Group © CI current Estate Brokers/Agents for current and anticipated future Norman Biggs sales of the subject property Rose and Womble or Wm E.Wood 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 yblic b dy or committee in connection with this Application. Petro Kotarides,Manager of Kotarides Holdings LLC, 6/5/15 Manager of Princess Anne Meadows LLC APP NT'S N RE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE . . DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 21 Affiliated business entities in Virginia for Princess Anne Meadows LLC 1252 LLC KH HR Two Bayside LLC 152 LLC KH HR Two Churchland LLC 1552 LLC KH HR Two East Pembroke LLC 1652 LLC KH HR Two Great Bridge LLC 1852 LLC KH HR Two Lakeview LLC 1952 LLC KH HR Two Poplar Hall LLC 2152 LLC KH HR Two West Mercury LLC 252 LLC KH Ventures LLC 352 Commercial LLC KHJCL LLC 352 LLC KHJLA LLC 452 LLC KWTH LLC 552 LLC Kotarides Builders LLC 5555 Associates,L.P.,RLLP Kotarides Developers,L.L.C. 5601 LLC Kotarides 61 LLC 5656 Associates,L.P.,RLLP Kotarides G52 LLC 652 Inc. Kotarides Holdings LLC 652 LLC Kotarides Homes LLC 734 L.P.,RLLP Kotarides Office LLC 7950 Associates,RLLP KPM LIC 815 Associates,L.P.,RLLP Lawson Hall Homes ILC 815 Lots,RLLP London Bridge Center LLC 852 Inc. OBX 52 LLC 852 LLC OPR APK LLC 900 Kempsville Road LLC OPR OPK LLC A A A of Norfolk,Inc. Oyster Point Residential LLC Alex&0.Pete Kotarides Partnership Princess Anne Meadows LLC Alex and 0.Pete Kotarides and Sons LLC The Villas at Culpepper Landing LLC Arcadia,LLC Townhomes at Martin Farm LLC Bayview Terrace Apartments,RLLP Townhomes at Parham Place LLC Brightleaf Commons LLC Warrington Hall Commercial Builders LLC Brightleaf Meadows LLC WH Builders LLC Bute Street Garage Condominium Association WH Townhomes LLC Corinth Homes LLC Corinth Residential ILC Courthouse Green LLC Grassfield Crossing LIC Hickory Woods East LLC Hickory Woods West LLC KG1 Battlefield LLC KG1 Military LLC KH HR CENTERS LLC KH HR Cape Henry LLC KH HR Haygood LLC KH HR Thalia LIC KN HR CENTERS TWO LLC KH HR Towne Point LLC DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 22 AlB 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 (EDLP) 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 OR ONLY N s r s L ) , a Page 1 of 4 APPL!CANI NOTLPHE;)04 NEARING ;'.3:=_ 2' NO O;ANGtS AS Os 10/1/2015 �❑ RTV (<0 DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 23 1 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) Princess Anne Meadows LLC: Kotarides Holdings LLC(sole member),Petro A.Kotarides, Pete O.Kotarides,Pete A.Kotarides and Basil O.Kotarides(all managers) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC,sole member of applicant ( 5e€ a-}+4 c he I !( 1 1 See next page for information pertaining to footnotes and 2 ARALAR SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if propene owner is different from Applicant. Ip 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 24 143 Virginia Beach '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. ARALAR 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 }'' your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ J. the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ Q 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 25 XB Virginia Beach Financing(include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [r-' Legal Services ElReal Estate Brokers/Agents for current and anticipated future sales of the subject property • ARALAR • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ,�/ an interest in the subject land or any proposed development lam 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 meetitinn of an y+blic body or committee in connection with this Application. L� l tr es ales C, F _¢ reps Hal n_ys L-CL s 1.-- Ccgti 6✓S�4- _1.14- 4 APPLICA S SIG URE PRINT NAME inn tMLAc�cr.,1 LG DATE Z7` 161,L4 LCL 17.- _}-A {a-i4 6, '4.rs I''I PROPEERrNO ER'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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 26 II VI3 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 (EDIP) Changes Board of Appeals Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board I Conditional Use Permit i License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 /APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. M Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must Se updated two(2)weeks prior to any ttt` Paget of 4 Planning Commission and City Council meeting that pertains to the appiicat;on(s) ® APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF i ® DATE lOJ1�201 �a_ REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 27 I p,,,y 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) Princess Anne Meadows LLC: Kotarides Holdings LLC(sole member),Petro A.Kotarides, Pete O.Kotarides,Pete A.Kotarides and Basil O.Kotarides(all managers) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC,sole member of applicant Sex Q. u cit j , j s+- See next page for information pertaining to footnotes' and 2 ESG SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Y] 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) 0,x-1 c).<1.e_ (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Q -i-0O3-\-12C1 - 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 PRINCESS ANNE MEADOWS Agenda Item D2 Page 28 ova Virginia Beach 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 entitles.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • ESG 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) ❑ ❑ Construction Contractors ❑ ❑ 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 29 tli1/4313: 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 UJ,tics, N f 11 3 rri-)re,_ ❑ ❑ Real Estate Brokers/Agents for current and anticipated future sales of the subject property ESG • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ TA 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 mee ' of any pu :,,dy or committee in connection with this Application. Rtto _ . RE r/�J �u/�er Sr y. PRINT NAME DATE O o Kta ce,I F e.,Mlcnaye,- c K f ric1YS Hale,A LI--E,Man'a/Aer �o/�/ .. of Iroe)GilN1 est AHOY, P• _ LL` i •__ �p1126tSed. 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 30 II Property Owner Disclosure 1. ESG Enterprises,Inc. • Principal&Chairman Edward S.Garcia • President Andrea M.Kilmer • VP/Secretary/Treasurer Michael F.Gelardi • Vice President Edward S.Garcia,Jr. • Vice President Joshua D.Kellam • Asst.Secretary/Treasurer Brittany Williams 2. Subsidiaries • OBFP,Inc. Affiliated Companies(Doing business/owning real estate in VA) • Princess Anne Properties,Inc. • United States Management,LLC • Lagomar Associates,LLC • SHG Properties,LLC • Tri City Properties,LLC DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 31 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 El 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 daclosores must 6e updated t‘,012),eeks pnor to any— Page 1 of 4 Planr rnq Commas on and Cty Councd meebnq that per tams to the apphcat)nts? n APPLICANT NOTIFIED OF HEARING I D sTE 151 NO CHANGES AS OF DATE 10/1/2015 REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 32 a E`� � � v- ;16.' , ` T= x ii 'r >x , 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) Princess Anne Meadows LLC: Kotarides Holdings LLC(sole member),Petro A.Kotarides, Pete O.Kotarides,Pete A.Kotarides and Basil O.Kotarides(all managers) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) B Kotarides Holdings LLC,sole member of applicant, 5,, a frac bi etA 1;,4_.. See next page for information pertaining to footnotest and 2 SETZER SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name 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 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 33 l "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. SETZER 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) El L Accounting and/or preparer of your tax return El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 b purchaser of the subject property (identify purchaser(s)and r' ryproviders) ConstructionpurchasesseContractorsice El 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 34 =, --4--t-AL-4-zy„*„="-4, , -'0,..tvitX,er,„„;21,1'---7',75154-f4t*,f'*'4:, ; ,-,4==.;;=--;.i. - ' :;,,,,,e-rf.-,7-;;,.,-„-F-1 � r 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 LI current and anticipated future sales of the subject property 4 SETZER ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ b 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 far public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meetin of an or committee in connection withgq''this Application. re'fr•G k p'fGLriG�eSJ'V�!(yl 'V' d!- 1 Ao Q✓idec�fidiccirvc s C Mari/ i- &/s/s {{ I( 6� tri LIGNATURE PRIN NAME DATE gas4efefiii-Lii6i/u/t4iptefliA-• ..;04c-70eDiviv-iii OPERTY OWNER'S SIGNATURE 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. DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 35 11/4B 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 O • 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. ® o SECTION 1 /APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. M Check here if the APPLICANT IS a corporation, partnership, firm, business, or Fo,CITY USF ONLY/A',c:,c'nu, c rt., v `i.,,.r• Pagel of 4 ® APPLICANT NOTIFIED O ® No''.MANGES AS o; 10/1/2015 L_a EVISIr.'P:S SIt MIT.'.D _-- ---- _. J DISCLOSURE STATEMENT PRINCESS ANNE MEADOWS Agenda Item D2 Page 36 Aii 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) Princess Anne Meadows LLC: Kotarides Holdings LLC(sole member),Petro A.Kotarides, Pete O.Kotarides,Pete A.Kotarides and Basil O.Kotarides(all managers) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Kotarides Holdings LLC,sole member of applicant,See G(ff�{dted 1:31- See next page for information pertaining to footnotes and 2 Five Mile Stretch Associates, L.L.C. 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. heck 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) /5: Aide 5-7-e rel 5c2c.-m/4't L.1 C :42. J./Pt C ori,--1t,.5- , /.,-a:.,,. i.-,,e si,.-V.---.-L * ..4. - - a ii R. .. ,, • _ -...7„.. -.4.,40 At ZeA__ (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the/ Property Owner: (Attach list if necessary)es rti C 6, ..,,,3�.c')'Pyl�//P'2J%2(/P C p..1- i.ft D: /2l 0•g,-v.--...r r y�e s/, 4 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 PRINCESS ANNE MEADOWS Agenda Item D2 Page 37 1 II NB Virginia Beach 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 entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities"See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 Five Mile Stretch Associates,L.L.C. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratina 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) l2 O Accounting and/or preparer of 6325"'.vt,r/i CP1v1r.4-r your tax return E El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El 0 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) E3 0 Construction Contractors . 1 0 Engineers/Surveyors ; �� �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 PRINCESS ANNE MEADOWS Agenda Item D2 Page 38 11/4/1f3 n. Virginia Beach TErFinancing(include current Sieg i7-7-- Er ❑ mortgage holders and lenders /co/N.-6,c5 co-fet 22 / provide selected orin being considered to , �J ••_, ,2 3 2 provide financing for acquisition �/,�f ���`fl or construction of the property) ❑/-. ❑ Legal Services ,e� S 91.9-3 f-' •f r e•z p-.5 ,/ Real Estate Brokers/Agents for /� ) V-4 23-02 LJ ❑ current and anticipated future ,--N 7 sales of the subject property `Afj' 4/ x.4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have /an interest in the subject land or any proposed development ❑ Lam' 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. Ili 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 ody or committee in connection with this Application. P2-fro K tareeS *Lome,- 6- kprtarwei 14/411.1-LW,/neenAyet• G15-//f APPL N :5 SIL CNATUR PRINT NAME DATE i11 ,,ry/1 •_5/Y-44 •R• y WNER'S SI NATURE Ake„6-(4'..; PRINT NAME TE 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 PRINCESS ANNE MEADOWS Agenda Item D2 Page 39 1 1 VIRGINIA BEACH PLANNING COMMISSION 2 October 14 , 2015 3 1 : 25 p .m . 4 FORMAL SESSION 5 PUBLIC HEARING 6 PRINCESS ANNE MEADOWS , LLC 7 VERBATIM 8 PLANNING COMMISSION 9 10 11 Chairman Jeff Hodgson Beach - 6 12 Vice-Chairman Bob Thornton Lynnhaven - 5 13 Secretary Philip L. Russo, Jr . At-Large 14 E . Ross Brockwell Bayside - 4 15 Michael A. Inman At-Large 16 Dr . Karen B . Kwasny Princess Anne 7 17 Dee Oliver At-Large 18 Ronald C. Ripley At-Large 19 Jan Rucinski Centerville - 1 20 Jack Wall Rose Hall - 3 21 David Weiner Kempsville - 2 22 23 SARAH DEAL JENKINS , MMC 24 DEPUTY CITY CLERK, II 25 2 1 SECRETARY RUSSO : Our next item is Deferred Item 2 Number 2 , an Application of Princess Anne Meadows , LLC, 3 for a Conditional Change of Zoning, AG-1 and AG-2 to 4 Conditional R-10 Residential , 2800-2900 Block of 5 Princess Anne Road, Northeast side of Princess Anne Road 6 opposite the Virginia Beach National Golf Course , 7 District Princess Anne . Our first speaker is Ann 8 Crenshaw . 9 CHAIRMAN HODGSON: Good afternoon . 10 ANN CRENSHAW: Good afternoon, Members of the 11 Planning Commission . I 'm here today with my client , 12 Petro Kotarides , and a representative of his company . 13 I ' d like to start out by acknowledging the immense 14 effort that the Planning Staff has devoted to helping us 15 with trying to turn this project around . I heard you 16 loud and clear in the Informal Session . I have spoken 17 with representatives of Planning and Kay Wilson and have 18 agreed to amend my proffers between now and City 19 Council . 20 And this language is kind of rough because I ' ve not 21 looked at the defined terms : That the Applicant will 22 agree to include in its Home Owners ' Association 23 documents that in the event the City of Virginia Beach 24 through its CIP process elects to develop the London 25 Bridge Road Extension, as designated in our plan that we 11 3 1 show, and construct a connector road between our 2 proposed subdivision and that London Bridge Road 3 Extension, that the entrance to Princess Anne Road may 4 be closed by the City. I ' ve agreed to add that . 5 6 I 'm happy to go through the application, but in the 7 interest of time, I don ' t want to do a whole lot other 8 than maybe if I could just have the - - 9 CHAIRMAN HODGSON: Mrs . Crenshaw? 10 ANN CRENSHAW: Yes? 11 CHAIRMAN HODGSON: In our last meeting, I know we 12 kind of sent you guys away with a "wish list" to go 13 over, and maybe you could highlight some of that . 14 ANN CRENSHAW: That ' s what I wanted to do on 15 the plan, Mr. Chairman, if I could get Ed to put it up . 16 We heard you loud and clear last month when we were 17 here . This subdivision now has 5 less lots . It has 18 open space , as delineated . We ' ve marked off what 19 exactly constitutes the open space area, lakes, 20 forested, managed lawn, buffer dedication to the City, a 21 total of 12 . 35 acres and open space percentage of 29 . 09 . 22 23 Additionally, we have made right-of-way dedication for 24 interior roads , the future road for London Bridge 25 Connector, and the Southeastern Expressway, for a total 4 1 of 5 . 6 acres . We ' ve added sidewalks at 1 . 06 miles and 2 trails at about a half a mile . It ' s hard to see on this 3 particular size project . We ' ve added a dog park . We ' ve 4 added a gazebo, a pet park . We ' ve provided connectors 5 to the shared-use bike path. We have provided 6 connectors to Christopher Farms , should that ever 7 happen . 8 We have added a playground with a gazebo, a picnic 9 pavilion with a grill , a bench, a permanent corn hole 10 tournament area . We ' ve provided trails around the 11 cemetery and park benches throughout . And a point that 12 came up in some of my conversations with Members of the 13 Commission, the cemetery is not considered as part o the 14 open space , and to my knowledge we ' ve done everything 15 that was asked, in terms of the plan, itself . 16 17 A question was also raised for additional detail in 18 terms of what our product would look like, and you can 19 see we ' ve added details . There is no premium vinyl . 20 It ' s all high-quality materials , decorative columns , 21 decorative garage doors . So, we believe that we ' ve 22 answered those concerns . As a result of some of these 23 things , these houses will be selling in the mid-400s . 24 So, these houses are more expensive than the houses in 25 some of the compatible neighborhoods . II 5 1 And I ' m not going to go into detail through the ITA and 2 what plan we ' ve brought on staff , and our interpretation 3 and staff ' s interpretation seems to coincide , and we 4 believe we ' re controlled by the Princess Anne Partner 5 Study and that we ' ve met all of the requests that have 6 been put before us , and I ' m happy to answer any 7 questions . I don ' t want to belabor repeating things 8 over and over again . 9 CHAIRMAN HODGSON: Are there any questions for 10 Mrs . Crenshaw? Thank you . 11 ANN CRENSHAW: Thank you. 12 SECRETARY RUSSO : Our first speaker in opposition 13 is Susan Moore . 14 SUSAN MOORE : Good afternoon . My name is 15 Susan Moore . I ' m a resident of Christopher Farms for 16 the past six years . I appreciate the opportunity to 17 come today and speak before you once again. The 18 pressure to develop and change in the most 19 cost-efficient way often overtakes the desire to develop 20 in a high-quality manner that is compatible with the 21 existing neighborhoods and consistent with the City ' s 22 vision for the area . This approach can result in 23 projects and changes that yield near term economic 24 benefits at the expense of long-term quality . That ' s a 25 direct quote from the Princess Anne Corridor Study which 6 1 was first adopted fifteen years ago and most recently 2 amended in 2009 . 3 It is essential when you consider this application you 4 reflect upon the far-reaching implications for the 5 future of the Princess Anne Corridor issues that impact 6 traffic and the future development of the remaining 7 acreage in the area . I submit to you that approving 8 this application will absolutely be at the long-term 9 expense of the quality of this area . We must adhere to 10 the unified and coordinated vision for this area . 11 12 While this plan has addressed more level of detail in 13 the 30-day deferral period, it remains plagued by its 14 piecemeal , fragmented layout which will successfully cut 15 off all of the remaining undeveloped acreage . It will 16 deny any future cohesion for this area . Last month when 17 I spoke before you, I was asked if it wasn ' t someone 18 else ' s problem that the remaining neighbors and acres 19 would be adversely impacted . Please, know that if you 20 approve this plan you will make it everyone ' s problem, 21 as those of us who work, commute , and live in the 22 Princess Anne area in this beautiful part of Virginia 23 Beach will be affected . 24 It is undeniable that Princess Anne is the fastest 25 growing area of Virginia Beach . The Princess Anne II 7 1 Corridor Study specifically aims to promote a controlled 2 access roadway to minimize traffic disruption on 3 Princess Anne . The multi-million dollar publicly funded 4 expansion of this road was intended to relieve traffic 5 and congestion to this area . We are just now getting 6 relief with the expansion of Holland Road, Nimmo 7 Parkway, and Princess Anne . Please, don ' t make it worse 8 for us . Adding a neighborhood whose primary access 9 currently is in a 55 mile-per-hour speed zone is 10 directly incompatible with the vision for this area . 11 12 This plan will create additional and unnecessary 13 congestion . The committee studying the Transition Area 14 and the ITA recommended that any decision regarding this 15 development be delayed until City Council has the 16 benefit of reviewing the area ' s most recent traffic 17 studies . Our Council Woman Barbara Henley also 18 reiterated the need to further study and review the 19 entire area, not just these 42 acres , last November . 20 She said, and I quote her, "We shouldn ' t make revision 21 in a piecemeal fashion by rezoning rather than going 22 through the Comprehensive Plan process and allowing the 23 public input that comes with it . " 24 25 The City will very soon have the benefit of more study 8 1 to this area that the application impacts . The 2 responsible decision is to wait until we have that 3 information, the studies that our Council Woman asked 4 for, before we approve this plan . If the vision for 5 this area needs to be amended and the documents need to 6 be changed to reflect the City ' s new goals for 7 development , isn ' t it reasonable we would do that first? 8 9 To find the answer regarding this application, all we 10 have to do is refer back to the Princess Anne Corridor 11 Study, which states , " Isolated, piecemeal developments 12 seriously compromise the planned vision for this 13 corridor . " Such proposals would not be favorably 14 considered for zoning changes above what currently 15 exists . The decision you face to follow the guiding 16 documents for the long-term future of this area or to 17 blatantly disregard them will set a precedent for all 18 citizens for Princess Anne . Thank you . 19 CHAIRMAN HODGSON: Thank you . Any questions for 20 Mrs . Moore? Thank you. 21 SECRETARY RUSSO : Our next speaker in opposition 22 is Lisa Hartman . 23 LISA HARTMAN : Good afternoon . 24 CHAIRMAN HODGSON: Good afternoon . 25 LISA HARTMAN : I appreciate the efforts made 9 1 by - - 2 ED WEEDEN: State your name, please? 3 LISA HARTMAN : - - I ' m sorry . I 'm Lisa 4 Hartman. 5 ED WEEDEN : Thank you . 6 LISA HARTMAN: I appreciate the efforts made 7 by the proposed builder to make this plan more 8 compatible with the neighborhood closest to this 9 neighborhood. The original plan put forth by the 10 property owner was not compatible with the zoning 11 ordinance and had a lot of issues , but the developer has 12 kind of met a lot of the things the neighborhood was 13 concerned about . 14 But I ' m not here as a representative of my neighborhood . 15 I stand here , again, as a citizen of Virginia Beach, a 16 tax payer who contributed tax money . The State 17 contributed money for the more than $60-million-dollar 18 road project , which is Princess Anne Road, which was 19 supposed to be a limited access corridor, and by putting 20 the ingress/egress for this neighborhood onto Princess 21 Anne Road, you are limiting the access . 22 23 The fundamental issues that remain are the same reasons 24 that this application for the change of zoning was 25 denied in November of 2016 [sic] but were not the same 10 1 issues that you sent the applicant back with last month . 2 So, the fundamental issues that remain are the publicly 3 vetted guiding documents are clear that any change of a 4 zoning request of a parcel consolidation of less than 5 60% is not to be addressed; 60% to 100% would be 6 considered only if ingress/egress was not on Princess 7 Anne Road . Princess Anne Road, it was also not to have 8 frontage on Princess Anne Road . It was supposed to be 9 reversed frontage , and there ' s a nice diagram in the 10 Princess Anne Corridor Study of what it ' s supposed to 11 look like . 12 13 This controlled access on Princess Anne Road was 14 supposed to minimize the traffic disruption . The 15 Princess Anne Corridor Study calls for no more access , 16 the reverse frontage . Additionally, the City is 17 expecting two transportation studies to be complete late 18 winter or early spring that would give a better picture 19 regarding the need for the Southeastern Beltway and 20 London Bridge Extended, which will completely surround 21 this 100 acres along with Princess Anne Road. It is 22 premature to change the by-right zoning for this 23 property without having a clear picture of the impacts , 24 these roadways , to not only this project , but the 25 remaining fragmented parcels . These parcels and their I � 11 1 property owners will also be affected . 2 3 The implications of your recommendation reach beyond the 4 property lines of this plan . A premature zoning change 5 impacts property owners in the community as a whole . It 6 doesn ' t make sense to approve a zoning change for a 7 community, this community that lacks supporting 8 infrastructure and compatibility with the surrounding 9 properties , and further compromise the intent of the 10 Princess Anne Road being the limited access corridor . 11 It additionally puts the cart before the horse regarding 12 the transportation studies . Once it ' s approved, you 13 can ' t go back . 14 15 And I just want to say, this is the 27th month I have 16 had to come work on this to get this just to abide by 17 the City documents that were publicly vetted and put out 18 there that it should abide by. It doesn ' t abide by the 19 guiding documents . The plan isn ' t good; 27 months , I 20 don ' t - - you can' t put that burden on the citizens any 21 more . 22 CHAIRMAN HODGSON: Thank you . Are there any 23 questions for Mrs . Hartman? Thank you . Any other 24 speakers? 25 SECRETARY RUSSO : Does Mr . Kotarides wish to 12 1 speak? 2 ANN CRENSHAW: No, not unless you have any 3 questions for Mr . Kotarides . I want to address the 4 assemblage issues . 5 CHAIRMAN HODGSON: State your name . 6 ANN CRENSHAW : I ' m sorry, Ann Crenshaw, member 7 of Kaufman and Canoles , representing the applicant . 8 This project made the editorial page of the Pilot this 9 week, but the numbers were misleading . There ' s a 10 statement contained in that editorial that there are 60 11 acres left to be dealt with outside the assemblage we ' ve 12 put together . That ' s not accurate . 13 14 The government and/or utility companies own 10 . 5 acres ; 15 6 . 2 acres are already developed . The future 16 right-of-way constitutes 36 . 67 acres . The total acreage 17 available for development within the broader scope is 18 68 . 5 acres . My client has assembled 44 . 2 acres or 64 . 5% 19 of the available developable property . And it pointed 20 out in the staff report and was discussed this morning, 21 much of the western part of the area outside of our 22 assemblage may possess a type of vegetation criteria now 23 used by the Army Corps of Engineers for the 24 identification of non-tidal wetlands . My client has 25 made a concerted effort to buy the other properties . 13 1 You can ' t force somebody to sell property if they don ' t 2 want to sell . 3 4 And the only other thing I would bring back up is the 5 study issue , and I ' m paraphrasing from an e-mail that 6 staff sent to Mr . Inman, Princess Anne Meadows is not in 7 the ITA Zoning Overlay, as shown on the City map . It is 8 in the ITA and Vicinity Plan . There are no specific 9 written guides with regard to the Vicinity Plan . There 10 is , however, a map shown on Page 43 of that plan which 11 includes a concept for Princess Anne Corporate Park or a 12 mixed-use development to be used on this site . 13 14 Staff interprets the ITA and the Vicinity Plan as , our 15 interpretation is that the ITA and the Vicinity Plan is 16 that mixed used includes residential development . 17 Because of the lack of guidance in the ITA document in 18 the Vicinity Plan, staff has referred to the Princess 19 Anne Corridor Study as a specific planning guidance for 20 this property . The corridor clearly supports 21 residential single- family development at 2 units per 22 acre . The residential development would be subject to 23 the inclusion of open space, connectivity, and the other 24 issues , which I believe we have addressed . Staff has 25 recommended this based on the guidance of the Princess 14 1 Anne Corridor Study. 2 3 I am aware that the Setzers are here , who are potential 4 sellers of this property . They ' re not signed up to 5 speak, but I believe they would like to sell their 6 property . It ' s been in their family for years and years 7 and years and years . They ' ve been paying taxes for 8 years and years and years , and they would like to be in 9 a position to sell their property . 10 11 In short , I will say, in the 35 years I ' ve been doing 12 this , I believe I ' ve turned over every stone I could 13 possibly turn over, in terms of calculating the 14 assemblages and not relying on just broad numbers . 15 We ' ve met with Mrs . Hartman . I ' ve kept her apprised at 16 each stage when new plans are made . I ' ve assured them 17 that should this plan be approved that we will work 18 together with her community and make sure that the 19 process of development is smooth. I honestly don ' t know 20 what else I can say, other than answering questions that 21 you may have . 22 CHAIRMAN HODGSON: Any questions for 23 Mrs . Crenshaw? 24 ANN CRENSHAW: Thank you. 25 SECRETARY RUSSO : That ' s all the speakers . 11 15 1 CHAIRMAN HODGSON: All right . We ' ll now close the 2 Public hearing and open it up for discussion. 3 Mr. Brockwell? 4 COMMISSIONER BROCKWELL : I was going to ask you 5 something, and then she kind of volunteered it about the 6 interpretation of the Planning documents , the Corridor 7 Study, namely. So, if we can, I wouldn ' t mind if our 8 staff , this morning in the Informal , from a Planning 9 perspective and from a transportation perspective , it 10 seemed pretty clear that the proposed project was not in 11 conflict with our documents . So, I just think it might 12 be a good idea to give them a chance to explain that . 13 14 I don ' t know if Stephen and Rick, maybe the two of you 15 could address those points , because I think, like I 16 said, to me, it seemed pretty clear that this reference 17 to the Corridor Study and transportation planning were 18 in alignment with this project , because that ' s a pretty 19 important point . If you guys could clarify that , I ' d 20 appreciate it , if you don ' t mind, Jeff? 21 CHAIRMAN HODGSON: No. Come on down . 22 STEPHEN WHITE : Stephen White with the Planning 23 Department . I ' ll start with the Corridor Study and 24 Planning documents in general that were used to evaluate 25 this plan . Rick will jump in when we get to the 16 1 transportation part of the whole question . 2 3 What I want to show you first , Princess Anne Corridor 4 Study was first adopted in the Year 2000 . That first 5 study that was done was done in the pre-BRAC years , and 6 this , what you ' re seeing right here , is Sub-Area 2 of 7 the Princess Anne Corridor Study. There were one , two, 8 three , four, I think there were just four sub areas in 9 the Princess Anne Corridor Study. This was Number 2 , 10 and as you can see this is London Bridge Extended right 11 here . This is the Expressway, and this is Princess Anne 12 Road, right here . This is the church, the Methodist 13 Church right here . This would be the Setzer ' s property . 14 15 The first concepts that were envisioned for that area 16 were a neo-traditional neighborhood, single- family homes 17 behind it , and multi-family density, high-density 18 residential , lots of numbers . And this was the Planning 19 document that guided until 2005 the planning that went 20 on for, say, Princess Anne Road that was in that stage , 21 just in the early design phases . So, the traffic 22 generation would have been, this traffic generation 23 would have been, included in that calculation . 24 25 The Princess Anne Corridor Study was updated in 2005 and 17 1 again in 2009 , and the actual , we did not have a 2 specific like that any more in the plan . It was more 3 guidance . You could either have 2 dwelling units to the 4 acre or you could have 6 dwelling units to the acre - - 5 3 , excuse me . Forgive me . It used to be 6 . You could 6 have 3 units to the acre , if you went beyond and did 7 certain performance criteria that were listed in the 8 document , in the plan . You may remember a previous 9 application, Five Mile Stretch just last year. They 10 were shooting for the performance criteria at 3 dwelling 11 units to the acre and attempted to capture that with 12 what they were doing with that plan. 13 14 This is the other planning document that is in play 15 here . This is the Inter-facility Traffic Area and 16 Vicinity Plan, which is a component of the Comprehensive 17 Plan, and this also covers Sub Area 2 of the Princess 18 Anne Corridor Study, so you ' ve got both of them at play 19 here . Let me take you to this map . The black line that. 20 you see here is on the Zoning Map the Inter- facility 21 Traffic Area, for zoning purposes ; it ' s an overlay 22 district . The red line that was there , this red dotted 23 line is the area that ' s encompassed by the 24 Inter- facility Traffic Area and Vicinity Plan. That ' s 25 why it ' s called "vicinity" , because there are areas that d 11 18 1 are outside of the Inter- facility Traffic Area that are 2 covered by that plan, and the guidance from the ITA and 3 Vicinity Plan for Sub Area 2 is limited . There ' s 4 nothing written to provide guidance . There are some 5 graphics that show this right here is a mixture of 6 mixed-use development with some open space . That ' s what 7 this pinkish area is, salmon . The entire Municipal 8 Center is shown the same way . It ' s mixed-use 9 development . 10 And on this one , another page of the document , this is 11 the Preferred Growth Scenario, and on this one it ' s the 12 same area, but it ' s shown quite differently than the 13 other map, which just showed mixed-use development . On 14 this one , it shows single-family residential here . And 15 if you look very closely at it, it ' s laid out in a 16 neo-traditional fashion with alleys behind streets , and 17 it ' s right up close to Princess Anne Road . And then 18 over here, there is a mixed-use development and some 19 retail . 20 So, you have two different land use scenarios presented 21 in graphic form in the ITA Plan, and then you have the 22 Princess Anne Corridor Study that provides specific 23 guidance for Sub Area 2 . So, staff determined that the 24 Princess Anne Corridor Study, due to its specificity 25 that it was providing, was what we should be using in 19 1 guiding our evaluation of the new plan. 2 3 I have to say, the introduction of this area to the ITA 4 and Vicinity Plan was something that happened in the 5 latter stages of the development of the plan, so that ' s 6 why it ' s not fully fleshed out . As you can see , there 7 are limited areas . There ' s Tidewater Community College , 8 this , the Municipal Center, that really are the Vicinity 9 and aren ' t included in the ITA. But the Princess Anne 10 Corridor Study, its guidance for 2 units per acre is 11 simply this , that you comply with the Comprehensive 12 Plan, in terms of quality of development , in terms of 13 maintaining the aesthetics of the roadway in terms of 14 Princess Anne Road. 15 Originally, when the plan was developed in 2000 , it 16 envisioned wide vistas for that roadway, because when we 17 were designing that roadway, I 'm sure Barry remembers , 18 back then it was envisioned as a very wide parkway-type 19 section that was going to have extensive vistas , 20 extensive area on the site for all sorts of vegetation, 21 and let ' s just say the dollars kicked in by the time the 22 road was actually built , and it became our typical very 23 nice access controlled roadway . So, creation of the 24 vistas now, if you want to call them that , would be 25 placed on the private sector . I II 20 1 That plan has gotten to the point where as part of the 2 Comprehensive Plan that we ' re undergoing now, we ' re 3 looking at ways of potentially changing these sub areas 4 that are in that plan, the ones that haven ' t been 5 developed yet , into potential suburban focus areas or 6 something, because the specifics have reached a point 7 where they ' re fifteen years old, as somebody said 8 earlier . So, for this plan, we used the Corridor Study 9 because it did have some specifics , but if you ' re doing 10 1 . 88 dwelling units to the acre you ' re below the 2 11 that ' s already been established as the baseline density. 12 So, then we look at the Comprehensive Plan for our 13 guidance as to everything else , and in that way it ' s 14 consistent with the plan . 15 16 Now, I know there ' s a lot of issues about the 17 transportation part of this and concerns about traffic . 18 I will just say this . In terms of traffic , this is 19 single- family residential . We ' re talking 80 homes . 20 That doesn ' t generate a whole lot of traffic . I could 21 think of a lot of different uses that were 22 non-residential on this site which would cause some 23 significant impact on that roadway. So, keep that in 24 mind when you think about land uses that could be in 25 this area . 111 21 1 I ' ll stay right here , but I ' m going to turn it over to 2 Rick . 3 RICHARD LOWMAN: Thank you . Rick Lowman, Public 4 Works Traffic Engineering . I guess , as far as what I ' m 5 here to talk about , and I will say that Princess Anne 6 Road is not like any other normal roadway, the median 7 width that we have on that roadway is like none other in 8 the City. So, that road does have some pretty big 9 vistas . You have very, very wide medians in there where 10 Princess Anne Road will be widened in the future . That 11 road is envisioned as an ultimate 8 - lane roadway. I 12 don ' t know that we ' ll ever get there , but it was built 13 to widen to the middle , if and when it ' s widened any 14 further than it is . 15 16 But as far as the plan goes and going back to the 17 Princess Anne Corridor Study, the ultimate plan per that 18 Corridor Study was to build London Bridge Road Extended 19 from Holland Road all the way to Princess Anne , and then 20 whatever developed in this area would be fed into that 21 London Bridge Road, which is a collector road, will be a 22 collector road, and then fed straight into Princess Anne 23 Road . The situation that ' s proposed here with access 24 directly onto Princess Anne Road, from a collector 25 street , it ' s not as big of a collector street ; meaning, 11 22 1 it won ' t generate , it won ' t grab all of the traffic to 2 be generated in that area, but it will grab all of this 3 neighborhood traffic to 80 homes , which is about 850 4 trips a day, total . But it will grab that traffic and 5 bring it to a concentrated point where you do have a 6 left turn lane, you do have a median opening, and you 7 will have a right turn lane that they ' re going to build 8 with their development off of Princess Anne Road. 9 10 So, if you guys have any questions? Princess Anne Road 11 was built as an access controlled road, not limited 12 access , so there is a little difference there . But it ' s 13 built as access controlled, which means no private 14 direct access to the roadway . Technically, this is a 15 public road, so it ' s a public collector road that has 16 access to the roadway if it ' s approved. Ultimately, we 17 would, when London Bridge is built , we do want to see 18 that access consolidated onto London Bridge Extended. 19 And as you heard earlier, they ' re going to proffer to 20 close , to allow that entrance to be closed directly to 21 Princess Anne . 22 23 Yes , sir? 24 CHAIRMAN HODGSON: Mr . Ripley? 25 COMMISSIONER RIPLEY : If London Bridge Extender is 11 23 1 built , would it be advantageous to have both openings , 2 from a traffic point of view? 3 RICHARD LOWMAN: It wouldn ' t be necessary. 4 COMMISSIONER RIPLEY : But would it be beneficial , 5 though, as far as dispersing traffic? 6 RICHARD LOWMAN : Probably not , because when and 7 if London Bridge Road Extended is built , it would 8 probably be built with a traffic signal at Princess Anne 9 Road, because you ' ll have the Christopher Farms 10 neighborhood come into it, as well , and the church . 11 They ' d all come to one point at Princess Anne Road. 12 COMMISSIONER RIPLEY : So, it would be advantageous , 13 then, to switch the location? 14 RICHARD LOWMAN: Yes , and it would be consistent 15 with the Princess Anne Corridor Study, which is to limit 16 access to as few points as possible . That said, the 17 road is under capacity as it goes now. We built that 18 road for a lot of traffic , and there ' s about 31 , 000 cars 19 a day on that road this year . In addition, we ' re 20 widening Holland Road now, and what was the capacity on 21 that road is going to more than double , as well . So, 22 we ' re going to have some pretty good capacity in that 23 direction through the City. 24 COMMISSIONER RIPLEY : So, maybe this involves a 25 question of you and Stephen . In one of the versions of 24 1 the plan, it showed non-residential use in there, 2 office , I would assume , something like that? 3 STEPHEN WHITE : Yes , sir . 4 COMMISSIONER RIPLEY : Office, I would assume , 5 something like that? 6 STEPHEN WHITE : Yes , sir . 7 COMMISSIONER RIPLEY : You know, 42 acres of office is 8 a lot of office . 9 STEPHEN WHITE : It ' s a lot of office . 10 COMMISSIONER RIPLEY : Yes , 10 , 000 square feet to the 11 acre is not unreasonable , 300 -400 , 000 square feet of 12 office for a site that size . 13 STEPHEN WHITE : Yes . 14 COMMISSIONER RIPLEY : I don ' t know what the plan 15 showed . I don ' t know if it was that aggressive , but 16 that size , what kind of demand would you have there? 17 Would you have 3 , 000 , 4 , 000 cars a day? It would be up 18 there . 19 STEPHEN WHITE : It would be a lot more than the 20 800 . 21 RICHARD LOWMAN: It would definitely be more 22 than the residential but not as great as retail , 23 obviously. 24 COMMISSIONER RIPLEY : Sure . 25 RICHARD LOWMAN: But it would be more than the 11, 25 1 residential . 2 STEPHEN WHITE : As I mentioned before, this 3 site isn ' t in the 65-70 Sub Area 2 AICUZ , and the Zoning 4 Ordinance Section 18 . 04 65 - 70 AICUZ throughout the City, 5 there are three sub areas . Residential is not 6 encouraged . In fact , in Sub Area 3 , which is the 7 western side of the base , residential , a rezoning or any 8 kind of discretionary development action for residential 9 leads to residential can ' t even be considered 10 recommended for approval unless there is no other 11 reasonable use of the property . 12 13 This is a case where in Sub Area 2 , the property, you 14 can have residential , but it ' s got to be at the density 15 that ' s equivalent to or lower than what ' s in the area . 16 From a City perspective , Navy perspective , due to the 17 impact of AICUZ on this site , you would want to see 18 non-residential uses . "R" , Residential , like this , 19 that ' s a very low density . So, your tradeoff then is 20 this level of plan or non-residential plan, like you 21 just mentioned, at that intensity . 22 COMMISSIONER RIPLEY : Thank you . 23 CHAIRMAN HODGSON: Mrs . Rucinski? 24 COMMISSIONER RUCINSKI : I have a question about the 25 private ingress/egress that goes back to that house back 111 26 1 there . If the London Bridge Extended goes through and 2 they close off that entrance , how will that affect those 3 people that already have that easement to enter and exit 4 off of Princess Anne Road? 5 RICHARD LOWMAN: They would likely have to come 6 in through the neighborhood, just as they are not . We 7 would probably close the entrance off from that point to 8 Princess Anne Road, and they would have to drive through 9 the neighborhood to get out . 10 STEPHEN WHITE : It would be the same scenario 11 that you would have for Christopher Farms with Curry 12 Comb, the people who live on the east side of that and 13 the west . You ' d have to go through the neighborhood to 14 get at the point . 15 COMMISSIONER RUCINSKI : Well , I guess , part of what I 'm 16 trying to understand is , is that road or whatever you 17 want to call it, whatever it ' s really called, is not 18 really affected except that this development is making a 19 little cut-through for them to get in. So, does the 20 impact that this has on it going to then change the 21 impact that that private individual has for entering and 22 exiting off of Princess Anne Road? My brain knows what 23 I want to say, but it ' s not coming out right , I guess . 24 STEPHEN WHITE : I think I ' m understanding what 25 you ' re saying, and it would be the same answer . They II 27 1 would access just like the residents here in this 2 neighborhood would, unless that was cut off . They would 3 go through that neighborhood . They would not have the 4 ability to go straight out to Princess Anne Road . That 5 ability is going to disappear if this is approved and 6 this goes through subdivision site plan review anyway, 7 except for the use of the residential streets that are 8 in this plan . 9 COMMISSIONER RUCINSKI : Okay. Because they ' re entering 10 and exiting off of Princess Anne Road right now. 11 STEPHEN WHITE : Right now, yes . 12 COMMISSIONER RUCINSKI : And so, this development could 13 impact their ability to do that in the future . 14 STEPHEN WHITE : Sometime in the future , yes . 15 RICHARD LOWMAN: When and if London Bridge Road 16 is built . 17 COMMISSIONER RUCINSKI : Right . Okay. 18 RICHARD LOWMAN: Yes . 19 CHAIRMAN HODGSON: Real quick . What would be the 20 absolute earliest that you could see that being built? 21 RICHARD LOWMAN: I can ' t even tell you that , 22 because there ' s no funding available for any of it . 23 Like I said, the study that was done was a very 24 preliminary study. It doesn ' t even show up in the 25 Capital Improvement Plan at all . 111 28 1 CHAIRMAN HODGSON: So, it could be a decade . 2 RICHARD LOWMAN : Your guess is as good as mine . 3 CHAIRMAN HODGSON: Mr . Inman? 4 COMMISSIONER INMAN: The Schoolhouse Road that 5 Mrs . Rucinski was talking about , that ' s a public road, 6 right? It ' s not a private road? It ' s not a private 7 lane? 8 STEPHEN WHITE : To the best of our research and 9 knowledge , it ' s a public road . 10 COMMISSIONER INMAN: And that ' s why you feel like 11 the City has control over that . They don ' t have any 12 special rights to that , other than they ' re entitled to 13 public road access . 14 STEPHEN WHITE : Right . 15 COMMISSIONER INMAN: As far as the entrance to the 16 neighborhood, apparently, something was anticipated 17 there , because there ' s a median cut there, correct? 18 STEPHEN WHITE : Correct . 19 RICHARD LOWMAN: Like I said earlier, the median 20 cut is there not so much to give access at that point to 21 the parcel , but it was done as they were equal distance 22 spaced along Princess Anne Road to provide emergency 23 access for emergency vehicles to be able to turn around, 24 because if you didn ' t put it there , you ' ve be going all 25 the way down to TPC if you needed to turn around . It 111 29 1 was also to provide access for the residents that still 2 have houses there, not just there at that one drive , but 3 up and down there . 4 5 There are still some parcels that need access to 6 maintain the property and to provide turnarounds for 7 them, as well , so it wasn ' t necessarily . And if you go 8 to the Princess Anne Corridor Study, you ' ll see that 9 there were really only a couple of roads planned . One 10 was a loop road to the north. That was replaced in ' 09 11 with the commercial roadway there at that signal . There 12 was a loop road planned there . And this roadway here , 13 London Bridge Road Extended, that was in the plan, as 14 well . 15 COMMISSIONER INMAN: So, the reason that the 16 entranceway to the neighborhood ended up where it is is 17 probably because of that median cut being there . 18 RICHARD LOWMAN: It was always there . It was 19 there before the road - - it was an undivided roadway 20 before we widened it to four lanes , but that entrance 21 has always been in that location, and I can ' t say that 22 the median opening is there because of that entrance . 23 COMMISSIONER INMAN: I 'm talking about the one 24 that ' s going to be constructed by this developer to 25 access the neighborhood is aligned with that opening, 111 30 1 because it ' s the convenient and intelligent thing to do . 2 RICHARD LOWMAN: Yes, absolutely . Yes , sir . 3 COMMISSIONER INMAN: There ' s not going to be a light 4 there . 5 RICHARD LOWMAN: No, sir . 6 COMMISSIONER BROCKWELL : Well , I was just going to ask 7 you kind of along those lines , you ' ve already stated 8 that Princess Anne Road is under capacity . There are 9 currently direct access driveways to this , to Princess 10 Anne Road, what ' s your opinion on the impact to 11 functionality and safety of Princess Anne Road if this 12 project were approved? 13 RICHARD LOWMAN: Just in isolation with just 14 this added to the roadway, just this one , 80 houses , you 15 won ' t see a great impact to this at all . Like I said, 16 there ' s already a left turn lane to go into it . They ' re 17 going to build a right turn lane to go into it . The 18 majority of the traffic turning out of there is going to 19 be going to the right to go north back towards Dam Neck . 20 It makes sense , that ' s where the development is , that ' s 21 where the interstate is , that ' s where most of the 22 destinations are . 23 24 So, really, only a fraction of the houses will be 25 turning left to go back towards Nimmo Parkway or the 11 31 1 Municipal Center area . That ' s what Traffic tells you . 2 In my opinion, the impact because of these 80 homes on 3 that one opening, it won ' t make a difference on Princess 4 Anne, in the short term . Now, obviously, it would be 5 better if we had London Bridge Extended, and that ' s why 6 it ' s in all of these plans that it was built that way, 7 but in the interim before that road is built it will not 8 have that big of an impact . 9 COMMISSIONER BROCKWELL : And even if that interim is 10 indefinite , who knows when that project might go, you 11 feel the impact is minimal? 12 RICHARD LOWMAN: Yes , of this one development . 13 Like they said earlier or when you talked to 14 Mrs . Henley, there ' s parcels to the north and the south 15 of this that aren ' t part of this that can be developed 16 in the future , and how they ' ll get their access to 17 Princess Anne Road is undetermined right now because 18 they don ' t have a median opening like that . So, that ' s 19 the only drawback with this is that you ' ve got parcels 20 on either side of it that can ' t use that median opening 21 now because they pretty much landlocked the 22 neighborhood . 23 COMMISSIONER KWASNY : Can I say something? I have to 24 state my name for the record because Jeff is not here, 25 right? 1132 1 ED WEEDEN : Yes . 2 COMMISSIONER KWASNY : Karen Kwasny, speaking . I know 3 you recognize my voice, Ed. I had a couple of things to 4 say, and I just wanted to kind of roll them out . 5 They ' re not really questions . Two phrases keep coming 6 to mind as I ' m listening to this discussion . One is 7 wiggling a square peg into a round hole over and over 8 and over again . Two is me think thou doth protest too 9 much. In the Princess Anne Corridor Study, no less than 10 eight times is the issue of the controlled access 11 roadway mentioned, and yet in the staff report I don ' t 12 see that kind of emphasis given to that particular 13 comment . That ' s disappointing to me . 14 15 Aesthetics and density are one issue . The roadway is 16 another issue . So, for me, it ' s a very simple response . 17 And I ' ve been kind of reticent in talking about this and 18 accused, therefore , of complicity, and that ' s absolutely 19 incorrect . So, I want to make a very clear statement as 20 the Princess Anne District representative that when I 21 was working on the Transition Area Guidelines with the 22 TA ITA Citizens ' Advisory Committee , sometimes we make 23 decisions individually as Planning Commissioners that 24 2aren ' t very popular . But one thing in working on those 25 guidelines and that amendment that became abundantly H 111 33 1 clear to me is that it ' s nearly impossible to steer a 2 runaway train, and it ' s virtually impossible to stop it . 3 4 And this is the same issue we faced with this particular 5 development on this particular roadway in this 6 particular unplanned and yet to be finished studying 7 area . I ' m not sure I articulated that very well , 8 because I didn ' t write that part down, sorry . Because 9 we face the same issues in this area of kind of being 10 right now we are in front of the plan; we ' re not behind 11 the eight ball , and I think it ' s important that we stay 12 in front of a plan because we should have learned our 13 lesson with the Transition Area . 14 15 We were behind the eight ball , and then we had to come 16 back around the back in the back door and figure out 17 what to do with what we had, the kind of problems we had 18 created in that area . And, of course, whether or not 19 those are problems is a matter of interpretation, I ' m 20 sure , but to some extent there are problems we can all 21 agree on. 22 23 In this area, we have three studies : The ODU Study; the 24 Master Transportation Plan Study; and not the least of 25 which is the Comp Plan . And I ' ve heard on more than one 11 34 1 occasion from Rick and Dr . White , the plan is not 2 complete . We don ' t really know according to the plan . 3 These two plans don ' t really go together . That says to 4 me we need a plan. That says to me we need a couple of 5 studies to come back complete that we can review, the 6 City can review, public input can be provided, and we 7 can then have something in front of us that we can go 8 "this fits well " . To me, that ' s wise decision making . 9 10 This area is like the last known area left for us to do 11 something right from the start , and I say we do it . For 12 me , it ' s a very simplistic issue . If that ' s a 13 controlled access roadway, we should wait until we know 14 whether or not we ' re going to do damage to a controlled 15 access roadway that millions of dollars went into and 16 that many people, much public input went into, and we 17 have an opportunity. 18 19 So, I ' d like to make a motion to defer this application 20 until those studies return. I know you don ' t want to 21 defer it again, but that ' s my motion. 22 CHAIRMAN HODGSON: Are there any other speakers? 23 Mr. Thornton? 24 VICE-CHAIR THORNTON: I just had a question . This 25 would be for our traffic expert , Rick . There ' s a plan 35 1 apparently out there floating around that we ' re all 2 talking about and wanting to see and wanting to know 3 when it ' s going to be done . At the end of the day, what 4 is the plan going to tell us ; to build the Southeast 5 Expressway or not? To build London Bridge Road or not? 6 Does that plan, no matter what it says , really affect 7 this development? 8 RICHARD LOWMAN: Insomuch as only it ' s going to 9 tell you when to build London Bridge Road or if you need 10 to build London Bridge Road Extended. The Southeastern 11 Parkway - - 12 VICE-CHAIR THORNTON : That ' s a City road, right? 13 RICHARD LOWMAN: Yes , sir . 14 VICE-CHAIR THORNTON : It will tell the City whether 15 to build it or not to build it? 16 RICHARD LOWMAN: Yes . 17 VICE-CHAIR THORNTON : And this plan allows for it to 18 be built? 19 RICHARD LOWMAN: Yes . 20 VICE-CHAIR THORNTON: So, if the plan says "build 21 London Bridge Road" , these people have donated a 22 right-of -way for that plan? 23 RICHARD LOWMAN: For their portion of it , yes , 24 sir . 25 VICE-CHAIR THORNTON: And if this plan comes back and II 36 1 says "that road is not necessary" , then there ' s just 2 another paper street in Virginia Beach? 3 RICHARD LOWMAN: Yes . The two studies - - 4 VICE-CHAIR THORNTON: So, my point is , that study 5 we ' re waiting for doesn ' t really affect this project . 6 It only affects a proposed road going through this 7 project , whether it will or will not ever be built ; is 8 that a reasonable thought , or am I off base? 9 RICHARD LOWMAN: Yes , and no, because if the 10 Southeastern Parkway is built , it ' s going to miss it . 11 If it ' s said to be required, then the wheels will be in 12 motion to start the process on that , which will affect 13 the design of the interchange that ' s going to be at 14 Princess Anne Road, which could affect part of this . 15 But, again, they ' ve dedicated the right-of-way for the 16 main part of the roadway, and they ' ve dedicated the 17 right-of-way for the London Bridge Road Extended . And 18 like their proffers are going to state , that entrance , 19 direct access to Princess Anne will go away if and when 20 London Bridge is built . 21 22 So, I don ' t know if the studies are going to tell you 23 anything more about 80 homes coming out directly to 24 Princess Anne , but like I said, that ' s just in a vacuum. 25 We ' re just talking about one development , not the rest I II 37 1 of the developable area . I don ' t believe that the 80 2 homes that are going to come out of that one public 3 roadway, and I do want to just kind of emphasize that it 4 is a public roadway and it does still comply with access 5 controlled roadway because we don ' t say that you can 6 have any access to Princess Anne Road . It says it needs 7 to be consolidated and it need no private direct access 8 to the road. So, this is consolidated . The main road 9 into the neighborhood, even though it would only serve 10 80 homes , still will be a collector roadway . 11 VICE-CHAIR THORNTON: Thank you. And one more 12 thought , when the study that is referred to, the 13 Princess Anne Corridor Study, was this London Bridge 14 Road thought of in that plan? 15 RICHARD LOWMAN: Yes, sir . 16 VICE-CHAIR THORNTON: Was Nimmo Parkway thought of in 17 that plan? 18 RICHARD LOWMAN: I believe that Nimmo Parkway 19 has always been thought of . 20 VICE-CHAIR THORNTON: Those two roads were 21 considered, because if the Corridor Overlay Study at one 22 time called for 40 acres of office space , that ' s 4 , 5 , 23 6 , 000 car trips a day. Somebody had to think about 24 where that traffic was going . 25 RICHARD LOWMAN: Right . I can ' t tell you 1 111 38 1 everything that went into that study, because I wasn ' t 2 around . 3 VICE-CHAIR THORNTON: If we ' re going to be using that 4 study as a guideline to help us make a decision on that , 5 there are pictures and things on that study that show a 6 massive amount of development that ' s not going to 7 happen. 8 RICHARD LOWMAN: But I can tell you that London 9 Bridge Extended was shown in the Princess Anne Corridor 10 Study there in just about that same location, and it 11 came out directly across from where the golf course is . 12 VICE-CHAIR THORNTON : Okay. Thank you . 13 STEPHEN WHITE : The Princess Anne Corridor 14 Study, Nimmo Parkway was depicted in the location it is 15 now, there are Sub Areas 3 and 4 , which front on Nimmo 16 Parkway, and it shows ( inaudible) . 17 CHAIRMAN HODGSON: Mrs . Oliver, did you have a - - 18 COMMISSIONER OLIVER: I think, Rick, I ' ve got a 19 question, or actually, probably, I need a clarification 20 of what Bob said about the study, even though we don ' t 21 know what it is until it actually comes back . But if 22 the expressway goes in, and I think I ' m probably not 23 going to articulate myself correctly, but if it says 24 that we don ' t need London Bridge Extended, the study 25 comes back and says "no, you don ' t need it because 1 111 39 1 you ' ve got Holland and Dam Neck and Princess Anne Road" , 2 Princess Anne Road is supposed to be limited access . 3 So, the purpose of it is to have limited access to it , 4 correct? 5 RICHARD LOWMAN: Yes , access controlled . 6 COMMISSIONER OLIVER : Would it be another 7 cart-before-the-horse type of situation? Let ' s say we 8 put the neighborhood in, the study comes back, it says 9 "no London Bridge Road goes in" , now we ' ve cut back into 10 Princess Anne Road; am I making sense? When if we knew 11 it said "don ' t put the London Bridge Road Extension in" , 12 would we then actually go ahead and allow this 13 neighborhood, being able to jump into the future? 14 RICHARD LOWMAN: Well - - 15 COMMISSIONER OLIVER: Because now we ' ve sort of 16 undone the road . 17 RICHARD LOWMAN: If the London Bridge Road 18 Extended is never built , then you ' re going to have a 19 heck of a lot of property on that side of the roadway 20 that you ' re going to have to give access to because it ' s 21 landlocked . If you don ' t build London Bridge Road, it ' s 22 similar to Christopher Farms . Christopher Farms has an 23 access point onto Princess Anne Road at Curry Comb . 24 They ' re in the same situation as this neighborhood is 25 in. If we could just snap our fingers and build London 40 1 Bridge Road tomorrow, the Princess Anne Corridor Study 2 says that Curry Comb would go away, and their only 3 access to Princess Anne Road would be off of this 4 roadway, too . 5 COMMISSIONER OLIVER : Right . 6 RICHARD LOWMAN: So, Christopher Farms is living 7 in an interim situation, as well . If this neighborhood, 8 if Princess Anne Meadows is approved, they ' ll be in the 9 same interim condition that Christopher Farms is right 10 now with Curry Comb . They have direct access to 11 Princess Anne on a public roadway, and all that traffic 12 from that neighborhood is collected on Curry Comb and 13 comes out to Princess Anne Road at one point . And it 14 would be the same as these 80 homes . They would be 15 living in limbo, as well . Their interim home would be 16 on Princess Anne Road directly, but when and if London 17 Bridge Extended was built , we ' d shift that access over 18 to it . 19 COMMISSIONER OLIVER: Which would be the better plan . 20 RICHARD LOWMAN: It obviously is the better 21 plan. 22 COMMISSIONER OLIVER: It obviously is the better 23 plan. 24 RICHARD LOWMAN: It ' s the better plan . 25 COMMISSIONER OLIVER: So, would it be better to wait it 41 1 for the traffic studies to come in? 2 RICHARD LOWMAN: I can ' t tell you that . I just 3 know that the studies are proposed to come in in 4 December and/or January . So, I know that the 5 Southeastern Parkway will be presented to Council this 6 winter, and the Master Transportation Plan, which is 7 kind of a validation of the plan that we ' ve been using 8 for years , that study is due to the City around that 9 same time frame . 10 11 So, the most it ' s going to tell you is that London 12 Bridge road Extended is needed and that you need to flip 13 access to London Bridge Road versus on Princess Anne 14 Road . I don ' t think if you approved it , I don ' t think 15 you would be doing anything that would be irreversible , 16 because again all you do is flip access over to London 17 Bridge Extended when and if it ' s built . It won ' t be 18 built overnight . So, I think they ' re in the same 19 situation as Christopher Farms is right now. 20 COMMISSIONER OLIVER : That ' s already built , though . 21 RICHARD LOWMAN: Yes , it is already built . 22 CHAIRMAN HODGSON: Mr . Ripley? 23 COMMISSIONER RIPLEY : Well , the point made earlier 24 about the potential development of this particular site 25 was one point , but what Bob mentioned is the pattern and 42 1 density of development that was shown on the original 2 plan that the road was designed to was a much higher 3 design criteria than is going to actually happen; is 4 that safe to say at this point , given Wetlands and all 5 of the things we ' re looking at here? 6 RICHARD LOWMAN: Stephen would probably have to 7 talk to that , because , like I said, I wasn ' t involved in 8 the densities of the development as it was originally 9 called out in the plan . 10 COMMISSIONER RIPLEY : I remember the plan . It was 11 one of the first plans when I came on the Planning 12 Commission we worked on, and those densities were a 6 13 and 5 and those type of things , and now they ' re down to 14 2 and less . It ' s a whole different plan than originally 15 came forth; am I correct in thinking that? 16 STEPHEN WHITE : Yes , you ' re correct . That 17 Princess Anne Corridor Study was done just after the 18 Comprehensive Plan had been updated, a different world 19 back then . This entire corridor was envisioned as being 20 more intense and dense, so the roadways that were 21 envisioned were Princess Anne Road was supposed to be 3 22 on each side ; 6 lanes or 8 lanes? 23 RICHARD LOWMAN: Ultimately, it ' s 8 lanes . 24 STEPHEN WHITE : Eight lanes . Yes , you ' re 25 right , it was intended to be much more, but the BRAC and 43 1 the changes that came with that changed everything . So, 2 we have a situation where we have infrastructure and 3 roadway capacity that was designed for one thing, but we 4 have a land use pattern or allowed land use under our 5 current plan that is below what had been planned for. 6 COMMISSIONER RIPLEY : So, how long has the 7 Southeastern Expressway been on the books? 8 STEPHEN WHITE : As long as I ' ve been here, 9 20-some years . 10 COMMISSIONER RIPLEY : And it ' s been on the books and 11 it ' s been off the books . Didn ' t it come off there? 12 STEPHEN WHITE : It ' s always been on the Master 13 Transportation Plan, never come off . There have been 14 all the studies , the Draft EIS , EIS , and then hold 15 everything because Chesapeake wanted to take another 16 look at it . 17 COMMISSIONER RIPLEY : Has EPA changed any of their 18 positions , or has the City of Chesapeake changed any of 19 their positions? 20 STEPHEN WHITE : I think Chesapeake, now, based 21 on what I read in the paper, would probably wish they 22 had proceeded with this . 23 COMMISSIONER RIPLEY: That ' s good to hear . 24 STEPHEN WHITE : I couldn ' t tell you about EPA. 25 COMMISSIONER RIPLEY: The ODU Study that ' s being 44 1 done , I ' ve seen all of that to some extent . And I 2 haven ' t seen the study, I ' ve seen some of the modeling 3 and simulation that they ' ve done . And if I understand 4 that , really, one of the things that ' s being looked at 5 very closely is the evacuation potential that that 6 provides the City, and that ' s really one of the primary 7 drivers of that study, if I understood it correctly . It 8 certainly would benefit everybody in the southern part 9 of the City, as well as the Resort Area, and those 10 events , but also it would benefit them, I ' m sure , on a 11 regular daily basis , as well . 12 13 This particular, I think you, when I heard what you 14 said, and it makes a lot of sense , either you ' re into a 15 more intense development or you ' re something less than 2 16 to the acre in a residential development , and that ' s 17 kind of where you are with this property one way or the 18 other . 19 STEPHEN WHITE : One way or the other . 20 COMMISSIONER RIPLEY : You can cut it and you can look 21 at studies until your eyes fall out . You ' re going to 22 kind of come back to a use for the property in some form 23 or fashion and it ' s either . 24 STEPHEN WHITE : It is , it ' s either/or, and 25 you ' ve got a plan now. And if you open that door to I ! 45 1 replan the planning process , additional " let ' s go back 2 and look at this process " , as I stated before, the Navy 3 is going to want to see the more intense , in terms of a 4 non-residential use . So, you ' re going to get from that 5 perspective a greater number of trips , those kinds of 6 things , more intensity. Plus, it ' s a type of use that ' s 7 not compatible to adjacent residential areas . So, 8 you ' re opening your door to questions and to scenarios 9 you may not want to go through . 10 11 The plan in place , in staff ' s opinion, works . The road 12 is access controlled, and there are existing openings 13 and median breaks , and this uses one of them . It ' s 80 14 homes . The western part of it , I kind of sketched it 15 out , and even if it was all not wetlands , you could get 16 another 80 in there, maybe . So, you ' re talking 160 17 homes coming out of that one access point . 18 19 And even if London Bridge Road Extended wasn ' t 20 constructed, we ' ve had other situation s in the past 21 with developments , and you may remember some , where the 22 developer actually constructed a roadway that would have 23 been or was in a City right-of-way partially and not 24 that would provide that access . You could do that with 25 this if we had the entire right-of-way. You could go 46 1 ahead and connect with London Bridge Extended . 2 3 Areas to the east of this , there are means of using that 4 alignment . They could be building early phases of 5 London Bridge Extended for us . So, you ' ve got to almost 6 think outside the box about what ' s coming down the road 7 and how those other properties would access Princess 8 Anne without directly accessing it from their property . 9 You ' ve got to think about , that ' s that reverse that we 10 were talking about earlier . 11 CHAIRMAN HODGSON: Mr. Inman? 12 COMMISSIONER INMAN: I 'm not clear on these studies . 13 There ' s an ODU Study that ' s coming soon; December? 14 January? 15 RICHARD LOWMAN: Yes . 16 COMMISSIONER INMAN: And is that study specifically 17 going to address these roads that we ' re talking about? 18 RICHARD LOWMAN: It ' s going to specifically 19 address the Southeastern Parkway and Greenbelt and the 20 need for it . 21 COMMISSIONER INMAN: I ' m sorry? 22 RICHARD LOWMAN: The need for the Southeastern 23 Parkway and Greenbelt . The other study is being done by 24 another consultant , and they ' re studying the Master 25 Transportation Plan, in general , which includes London 47 1 Bridge Road Extended . It includes all the major roads 2 in the City, and it will project out the needs in the 3 future . It will reaffirm the needs that we have for our 4 City based on land use and all the current trends . 5 COMMISSIONER INMAN : And that ' s coming at the same 6 time? 7 RICHARD LOWMAN: Yes . 8 COMMISSIONER INMAN: And then Council will be 9 briefed on that and they ' ll vote on the Transportation 10 Plan or an amendment to it? 11 RICHARD LOWMAN: I don ' t know that they ' ll vote . 12 It will be included in the Comprehensive Plan . The 13 results of it will be included in the next version of 14 the Master Transportation Plan. 15 COMMISSIONER INMAN: It ' s part of the Comprehensive 16 Plan. 17 RICHARD LOWMAN: Yes, sir . 18 COMMISSIONER INMAN: And then, assume that both of 19 those roads are in there , then you have to fund the 20 engineering of the roads . You have to fund it and then 21 engineer it and then build it . 22 RICHARD LOWMAN: Yes, sir . 23 BARRY FRANKENFIELD : I just want to add something . 24 It ' s unlikely that whatever the results of that study 25 are going to be reflected in the Comprehensive Plan that II 48 1 you approve this year . It would likely be adopted by 2 amendment at some other point . So, I don ' t want you to 3 think that it ' s going to be ready by April . 4 COMMISSIONER INMAN: I understand . And a question 5 for Mr. White, I guess , is Mrs . Crenshaw made reference 6 to developable acres in that area, maybe Area 2 . I 'm 7 not sure how she was looking at that . 8 CHAIRMAN HODGSON: Hold that one second . We ' ve 9 got Rick for two minutes , so is there any other question 10 for Rick and then we ' ll come back, because he has got to 11 leave on the dot? 12 VICE-CHAIR THORNTON: We are watching a brand new 13 Holland Road be built . 14 RICHARD LOWMAN: Yes . 15 VICE-CHAIR THORNTON: Is that road going to be built 16 to the similar standards of the current Princess Anne 17 Road to carry similar volumes of traffic? 18 RICHARD LOWMAN: No, it ' s going to be - - it ' s 19 not as major as a roadway. It ' s not called out as 20 access controlled. Holland Road is going to be built as 21 a 4 -lane major arterial . It ' s going to have a median . 22 It ' s going to have all the appurtenances that a normal 23 arterial will have , but it won ' t have , it doesn ' t have , 24 the importance of Princess Anne Road. 25 49 1 Princess Anne Road, as you can see, is high-speed 2 roadway and is meant to move cars from Point A to Point 3 B . Holland Road, there are residential neighborhoods 4 off of it . There are going to be more median openings 5 on that roadway than Princess Anne Road . They ' re both 4 6 lanes , but you ' ll see that Holland Road is going to have 7 a little more friction on it , which means speeds are 8 going to be lower . The speed limit is going to be 45 9 miles an hour on that roadway, similar to what it is 10 today . I would call that one a mid-arterial versus a 11 major arterial . 12 VICE-CHAIR THORNTON: If you look at an aerial , there 13 are two entrances from Christopher Farms , one of which 14 has a major school , that are feeding off of Holland 15 Road . When that road is finished, that should really 16 improve the flow of traffic out of Christopher Farms 17 onto Holland Road back up into the northern part of the 18 City; would you agree? 19 RICHARD LOWMAN: Yes . 20 VICE-CHAIR THORNTON: So, it ' s not reasonable to 21 think that all that traffic is going to come out on 22 Princess Anne Road. It will have a much better way out 23 and a better way north when Holland is finished . 24 RICHARD LOWMAN: It will be a safer route . 25 VICE-CHAIR THORNTON: And what is that , another year 50 1 and a half away? 2 RICHARD LOWMAN: I believe so . 3 VICE-CHAIR THORNTON: Give or take . 4 RICHARD LOWMAN: They ' re just really now 5 starting to get rolling . 6 CHAIRMAN HODGSON: Go ahead, Mike . 7 COMMISSIONER INMAN: Controlled access versus 8 limited access , would you explain very briefly what that 9 difference is and what Princess Anne Road is? 10 RICHARD LOWMAN: Access controlled is a City 11 term that basically means , like I said, that no direct 12 private access will be from that roadway. All access 13 will be planned and it will be from a public roadway and 14 basically be collector roads that bring traffic to that 15 road. You won ' t have a series of driveways that come 16 out to the road . We have a number of roads throughout 17 the City, Nimmo Parkway, there ' s parts of Lynnhaven 18 Parkway, Dam Neck Road - - 19 COMMISSIONER INMAN: What category are they in? 20 RICHARD LOWMAN: Those are access controlled, 21 and that ' s from the Master Transportation Plan . Limited 22 access is more like an interstate facility where you 23 don ' t have any access except for interchanges . Ferrell 24 Parkway is a limited access roadway . Northampton 25 Boulevard and parts of it is a limited access roadway. 51 1 And the Southeastern Parkway and Greenbelt will be a 2 shining example of a limited access roadway. All you 3 have is basically interchanges . 4 CHAIRMAN HODGSON: Anyone else for Rick really 5 quick? 6 COMMISSIONER WALL : I ' ve got one question . 7 CHAIRMAN HODGSON: Quick . 8 COMMISSIONER WALL : It looks like a large 9 intersection is going to be there for the Southeastern 10 Expressway at the intersection of Princess Anne . It 11 looks like a cloverleaf , possibly, and possibly ramps ; 12 it ' s not designed . 13 RICHARD LOWMAN: No . 14 COMMISSIONER WALL : But those ramps , who knows the 15 extent of that , what that ' s going to be, but would the 16 ramp impact the access to Princess Anne Meadows? 17 RICHARD LOWMAN: Possibly . The best I could say 18 is possibly . The interchange hasn ' t been designed . 19 What was planned, what ' s shown in all of these sketches 20 back from 1999 , they don ' t even build interchanges like 21 that any more with a full cloverleaf . They do partial 22 cloverleaves with directional ramps and things like 23 that . So, we would have no idea what - - a lot of this 24 could be based on environmental justice , what the ramps 25 look like , what the best configuration is , where the 52 1 traffic is going . So, we really don ' t have an idea, 2 other than to know that it ' s going to be an onramp, so 3 in that general location . From the best of everything 4 we ' ve shown, it ' s going to be 600 feet or more away, but 5 that ' s just based on the ' 99 or whenever it was done , 6 which is nothing more than a sketch . 7 CHAIRMAN HODGSON: I know you have to run . 8 RICHARD LOWMAN: Yes . 9 CHAIRMAN HODGSON: Thank you very much . 10 RICHARD LOWMAN: Thank you. 11 CHAIRMAN HODGSON: I ' m sorry, Mr . Inman. Back to 12 your original question . 13 COMMISSIONER INMAN: Mr . White, Mrs . Crenshaw made 14 reference to some acreage . I just want to know whether 15 you can possibly validate whether, in other words , 16 they ' re developing, they own 44 -some acres? 17 STEPHEN WHITE : 42 . 45 . 18 COMMISSIONER INMAN: And she talked about, I think, 19 65 developable acres , some of which might be - - 20 STEPHEN WHITE : Outside of what their 21 development is . 22 COMMISSIONER INMAN: - - Wetlands . 23 STEPHEN WHITE : Yes . 24 COMMISSIONER INMAN: Is that accurate? 25 STEPHEN WHITE : That is . I have the documents I i 53 1 back in my office . I ' ve looked at this thing for four 2 years now. I know the acreage of each one . I don ' t 3 have it right in front of me, and my laptop died from 4 using the battery . I do have this I can pass around, 5 which shows you what ' s left of the parcels on the west 6 side and on the east side . There ' s actually more 7 available on the east side than there is on the west 8 side . In terms of expressway - - there it is . Thank 9 you . That ' s the one . As you see , there is more on the 10 east side than there is on the west side . 11 CHAIRMAN HODGSON: So, if you were to summarize 12 that , they ' re developing 40 , roughly 42 acres , of 60 13 possible? 14 STEPHEN WHITE : There are 60 more left . 15 CHAIRMAN HODGSON: 60 left . 16 COMMISSIONER INMAN: On both sides of the Proposed 17 London Bridge Road, right? 18 STEPHEN WHITE : Yes, sir. 19 COMMISSIONER INMAN: Not all on the west side . 20 STEPHEN WHITE : Right . And here ' s when this 21 was done, this is the ITA Plan, and I 'm trying to get 22 back to the question about the distance between the 23 ramps pre-expressway and the actual entrance into 24 Princess Anne Meadows . And the one that ' s actually 25 shown here is shown, this is more conservative because 54 1 it takes the ramp more to the east than it actually will 2 be, because this one is shown as a cloverleaf , which is 3 what it was originally intended . As Rick says , it 4 probably will not be a cloverleaf because cloverleaves 5 have fallen out of favor now. But it will be 600 to 6 probably 1 , 000 feet between the entrance to Princess 7 Anne Meadows and the ramp, should the road even be 8 built . 9 CHAIRMAN HODGSON: Any other questions? Doctor 10 Kwasny has a motion for a deferral . Is there a second 11 to that motion? 12 COMMISSIONER WALL : I second it . 13 CHAIRMAN HODGSON: Motion made by Dr. Kwasny for 14 an indefinite deferral , seconded by Commissioner Wall . 15 COMMISSIONER WEINER: Jeff? 16 CHAIRMAN HODGSON: David? 17 COMMISSIONER WEINER : After talking with Mrs . Wilson, 18 my company deals with the Applicant . I do not . I don ' t 19 have anything personal to gain by this , but I 'm going to 20 abstain from this one . 21 CHAIRMAN HODGSON: Okay. 22 ED WEEDEN : The vote is open . By a vote of 23 5 to 5 , one abstention, the motion has failed . 24 CHAIRMAN HODGSON: Mrs . Wilson? 25 KAY WILSON: Yes , sir . That means that you ii 55 1 have to have a majority for it to be deferred, so that 2 has failed. Is there another motion? 3 CHAIRMAN HODGSON: Is there another motion or any 4 other discussion? 5 COMMISSIONER RIPLEY : I ' ll make a motion to approve 6 the Application . 7 CHAIRMAN HODGSON: Motion made by Commissioner Ron 8 Ripley . 9 VICE-CHAIR THORNTON: I ' ll second it . 10 CHAIRMAN HODGSON: Seconded by Commissioner Bob 11 Thornton . 12 ED WEEDEN: Vote is open . By a vote of 7 13 to 3 , the Commission has approved the Application of 14 Princess Anne Meadows . The abstention is still noted . 15 16 (Whereupon, the discussion of this matter is 17 concluded. ) 18 19 20 21 22 23 24 25 ;I ♦,c,', 1A•BEAC CITY OF VIRGINIA BEACH u°c I b. I PRINCESS ANNE MEADOWS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this &C' day of Oct\oe,C", 2015, by and between PRINCESS ANNE MEADOWS LLC as applicant, as party of the first part, FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER, LOLITA C. ARALAR and E.S.G. ENTERPRISES, INC., a Virginia corporation, collectively herein as party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, Five Mile Stretch Associates, LLC, a Virginia limited liability company, has entered into a contract to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.37 acres designated as GPIN Nos. 1494-47-0310; 1494-46-1695; 1494-47-1877; 1494-46-4666; a portion of 1485-84-1210; and 1494-47-5502 on the Exhibit "A" attached hereto and incorporated by this reference; GPIN: 1494-47-0310 1494-46-1695 1494-47-i877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 a portion of 1485-84-1210 Prepared By&Return To: Ann K.Crenshaw,Esquire(VSB#19538) Kaufman&Canoles,P.C. 2101 Parks Avenue,Suite 700 Virginia Beach,Virginia 23451 1 WHEREAS, James T. Cromwell, Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CH01-1o96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13.75 acres designated as GPIN Nos. 1494-47- 5847; 1494-47-9615 and 1494-47-9615 on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Lolita A. Aralar has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-2492 on Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, E.S.G. Enterprises, Inc., a Virginia corporation, has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-1279 on Exhibit"A" attached hereto and incorporated by this reference. The parcels identified on Exhibit"A" are hereinafter referred to as the "Property". WHEREAS, the party of the first part is the contract purchaser of the assembled property containing approximately 42.45 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural District to Conditional R-io Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land 2 similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated" Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include in the Homeowners Association documents that in the event the City of Virginia Beach through its CIP process elects to develop the London Bridge Extension as designated in the Plan and seeks to construct a connector road from the property to London Bridge Road that the entrance on Princess Anne Road may be ceased by the City. 3. When the Property is developed, it will be subdivided into no more than 8o single family residential building lots. When the Property is developed, the total number 3 of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 4. When the Property is developed the areas shown on the Plan outside the 80 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled"Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 7. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach,Virginia, and executed by the record owner of the Property at the 4 time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach,Virginia,to administer or enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied; and(b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning department, and they shall be recorded in the Clerk's office of the circuit Court of Virginia Beach,Virginia, and indexed in the name of the Grantor and Grantee. 5 I II WITNESS the following signature and seal: Applicant: Princess Anne Meadows, LLC, a Virginia limited liability c mpany By: (SEAL) Petro otarides Its: tkAttAst-fr COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ZZday of 2015, by Petro Kotarides, MOL4, of Princess Anne Meadows, LLC, a Virginia limited liability company,Applicant. Notary Public eeeeeoHeoeoa My Commission Expires: c)2 ;ooPaY Notary Registration Number: —53 J = . MY 0.; COMMISSION : 11 n ; NUMBER ;Q 7. �% 213315 •'S V. cATH �c eA LeHe0`ti e�, N 6 WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company B YA (SEAL) iWMcGinnis, Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: L. �. The foregoing instrument was acknowledged before me this2-Zr day o �, 2015,by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. 0 Notary Public 01RAE ''•. MyCommission Expires: -) • / �v'''""'Sy •�' Notary Registration Number: <* O n: COMM Y O:Z 2 5 7. NU SI pN . M Z5' 213318 :Q O r� o ''• q/.TH OF\1Ns `‘ 7 WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer By: (SEAL) mes T. Cromwe , S t+- ial Commissioner COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 7--( s'4—day of Cc-40(oe_r, 2015, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer, Grantor. Notary Public My Commission Expires: l l (/.2>4:)/t Z Notary Registration Number: ( c15-3 (i sostsi+n ��i,� 4, 1X12' 1► ` �G *sift 8 I ill I Grantor: N\r, ` ( L Ll G (SEAL) Lolita .Aralar COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of 0Lkbe�' , 2015, by Lolita C. Aralar, Grantor, who is personally known to me or has produced DTI ve('< kCenCits identification. 0, 1 If, / Notary Public My Commission Expires: LI 3C ) 01 1 Notary Registration Number: ''j r7 q c.13 I A.• NOTARY'•;k<` cv PUBLIC ▪ REG#7579431 •• MY COMMISSION O EXPIRES ;%-4 '•. 4/30/2017 . • "•ACTH 0 ..`�� 9 1 III Grantor: E.S.G. ENTERPRISES, INC. a Virginia c oratisn By: , ' ) Andrea C. Kilmer, President/CEO COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of CD cA-o &�,r- , 2015, by Andrea C. Kilmer, President/CEO of E.S.G. Enterprises, Inc., a Virginia corporation, Grantor. R.--; A----e---- /7"-----4-j A---(--(._ 14-7-4-4a----------- Notary Public My Commission Expires: S 0 " t \ o IE ' ,,, Notary Registration Number: 7 I c 5 1 7 1 1.,` Pia Wei •.�'�, ms's 3 i REG$r csf21 MYCOMMISSIONIRES - .aor it 14247450v4 10 III EXHIBIT "A" PROPERTY DESCRIPTION [Five Mile Stretch and Setzer] EXHIBIT A PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of"the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof. (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract,piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1" = 100' - June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to-wit: BEGINNING at a pin in the southwestern line of the Norfolk-Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21° 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN Nos. 1494-46-1695 and 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by deed of correction from Donald P. Sullivan and Faith R. Sullivan, husband and wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, Page 1860. PARCEL B: GPIN No: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. 2 BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by Deed of Gift from June S. Walton, married, dated September , 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "G1 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to-wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, S 08°21' 00"W, 47.00' to the true point of beginning said point also being located on the Southern R/W of the 66' N & S R.R. R/W, thence proceeding along the Southern R/W of the 66' N & S R.R. R/W, S 36° 15' 00" E, 14.24' to a point on the Eastern R/W of said 20' R/W, thence turning and proceeding along the Eastern R/W line of said 20' R/W, S 08° 21' 00" W, 220.66' to a point at the Southern Terminus of said 20' R/W, thence turning and proceeding along the Southern Terminus of said 20' R/W, N 81° 39' 00" W, 20.00' to point on the Western R/W line of said 20' R/W, said point also being the Southeast corner of Lot G1, thence proceeding along the Southern property line of G1, N 81° 39' 00" W, 252.72' to a point at the Southwest corner of Lot G1, thence turning and proceeding along the western property line of Lot G1, the following courses and distances: N 08° 26' 00" E, 237.38' to a point, thence N 21° 44' 00" E, 214.88' to a point at the Northwest corner of Lot G 1, said point also being on the Southern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Northern property line of Lot G1, said line also being the Southern R/W line of the 66' N & S R.R. R/W, S 36° 15' 00" E, 288.59' to a point at the Northeast corner of Lot G1, said point also being on the Western R/W of said 20' R/W, thence continuing S 36° 15' 00" E, 14.24' to a point on the centerline of the said 20' R/W, said point being the true point of beginning. Area of Lot G1 and adjoining 20' unnamed R/W described herein being 91,303.9 S.F./2.10 acres. 3 II' TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. PARCEL D: GPIN Nos: 1494-47-5847-0000 and 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE — PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: METES & BOUNDS description of Lot G2 with the Western half of the adjoining unnamed 20' R/W as follows, to-wit: 4 II BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06°41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern R/W line of the 66' N & S R.R. R/W, thence proceeding along the Northern R/W line of the 66' N & S R/W, N 36° 15' 00" W, 14.68' to a point on the Western R/W line of said 20' R/W, said point also being at the Southeast corner of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66' N & S R.R. R/W, N 36° 15' 00" W, 260.48' to a point at the Southwest corner of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21° 44' 00" E, 297.38' to a point at the Northwest corner of Lot G2, said point also being on the Southern R/W line of said 20' R/W, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern R/W line of said 20' R/W, S 69° 38' 00" E, 103.14' to a point at the Northeast corner of Lot G2, said point also being on the Western R/W line of said 20' R/W, thence continuing S 69° 38' 00" E, 10.29' to a point on the centerline of said 20' R/W, thence turning and proceeding along the centerline of said 20' R/W, S 06° 41' 00" W, 461.81' to a point on the Northern R/W line of the 66' N & S R.R. R/W, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R/w herein described being 60,138.2 S.F./1.38 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by Deed of Gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN NO: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: 5 BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06°41' 00" E, 48.45' to the true point of beginning, thence proceeding along the centerline of said 20' R/W, N 06° 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82° 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20' R/W, said point also being the Northwest corner of Lot D2, thence continuing along the northern property line of Lot D2 the following courses and distances: S 82° 05' 00" E, 294.85' to a point, thence S 80° 54' 00" E, 130.70' to a point at the Northeast corner of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 03° 21' 00" W, 982.33' to a point at the Southeast corner of Lot D2, said point also being on the Northern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66' N & S R.R. R/W, N 36° 15' 00" W, 713.40' to a point at the Southwest corner of Lot D2, said point also being located on the Eastern R/W line of said 20' R/W, thence proceeding N 36° 15' 00" W, 14.68' to a point on the centerline of said 20' R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329,236.1 S.F./7.56 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by Partition in Kind In Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. 6 EXHIBIT B (PARCEL I) (1,016,461 sq. ft. or 23.3347 Ac.) PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, lying on both sides of "The Five Mile Stretch" of Princess Anne Road between PRINCESS ANNE COURTHOUSE and North Land Town Road, and known, numbered and designated as "30 acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VA., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; save and except, however, the following portions thereof. (a) that portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) all that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the South Side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VIRGINIA, for Michael G. Jordaneau, scale 1" = 100' - June 17, 1977, Surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) all that certain tract, piece and parcel of land as shown on the aforesaid physical Survey by Wilfred P. Large, also located on the South Side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "Now or Formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." said tract fronts 150 feet on the South Side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly PRINCESS ANNE, VIRGINIA), and designated as 1.1563 AC on"Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to-wit: beginning at a pin in the Southwestern line of the Norfolk-Southern right of way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21°44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the Southwestern line of the Norfolk-Southern railroad right of way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument 7 11 Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN NOS. 1494-1695 AND 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by Deed of correction from Donald P. Sullivan and Faith R. Sullivan, Husband and Wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, page 1860. PARCEL B: GPIN NO: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F, 6.1 AC." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by deed of gift from June S. Walton, married, dated September , 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. 8 11 11 Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the CITY OF Virginia Beach, Virginia, and being known and designated as Tract"G1, 2.0 AC."on that certain plat entitled, "PROPERTY OF J. T. BROWN ESTATE, LOCATED NEAR PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. TOGETHER with all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the grantor for ingress and egress to a publicly dedicated street over property of the grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. 9 I SII I METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM Land Title Survey of property owned by Five Mile Stretch Associates, L.L.C. for Kotarides Developers, LLC," dated June 6, 2013, last revised date May 5, 2014,prepared by Horton&Dodd, P.C., which is more particularly described as follows: BEGINNING at a point being 0.67± miles Southeasterly from Winterberry Lane, being a pin found on the Northern right-of-way (R/W) of Princess Anne Road - State Route 165 and a 20' gravel lane as shown on plat entitled "SURVEY OF PROPERTY OF JESSE GOULD EST." recorded in M.B. 137, PG. 31 (VA. BEACH), also being the Southwest property corner of subject parcel and the Southeast property corner of the Commonwealth of Virginia; thence along the Eastern line of 20' Gravel Lane N 22°36'05" E, 815.63' to a pin found; thence S 66°08'45" E, 246.21' to a pin found; thence N 00°53'12" W, 235.55' to a point on the Southern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad); thence along the southern property line of Virginia Electric & Power Company S 44°33'41" E, 788.24' to a point; thence S 00°20'34" W, 216.88' to a pin found; thence S 01°51'56" E, 407.01' to a pin found; thence S 14°51'21" W, 467.38' to a pin found along a curve on the northern R/W of Princess Anne Road - State Route 165; thence along the aforementioned R/W the following five (5) courses and distances: along a curve to the left with a radius of 6225.00', an arc length of 270.72', a delta angle of 02°29'30", a chord bearing of N 51°21'57" W and a chord distance of 270.70' to a point; thence N 11°34'51" E, 190.87' to a pin found; thence N 78°21'33" W, 43.98' to a pin found; thence S 53°56'54" W, 160.51' to a pin found; thence N 53°01'07" W, 794.00' to a pin found, being the point of beginning, containing 1,016,461 square feet or 23.3347 acres. Parcel II (392,734 sq. ft. or 9.0159 ac.) Parcel D: GP1N No: 1494-47-5847-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-2, 1.3 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, county surveyor, and which plat is duly of record in that certain ended chancery file number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. 10 11 II The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN No: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT D 2, 7.5 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by partition in kind in Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. Metes & Bounds description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found on the Northern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad) and the angle point of Lot 66, as shown on plat entitled "SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2", recorded in M.B. 249, PG. 60-62 (VA. BEACH); thence along the Northern property line of Virginia Electric & Power Company N 44°33'41" W, 1002.80' to a point; thence N 13°31'45" E, 299.50' to a pin found; thence N 22°41'40" W, 12.20' to a point; thence S 77°42'46" E, 128.11' to a 11 11 point; thence S 25°33'10" E, 8.97' to a pin found; thence N 89°41'34" E, 295.09' to a pin found; thence S 89°06'53" E, 130.74' to a pin found; thence S 04°51'37" E, 984.69' to a pin found, being the point of beginning, containing 392,734 square feet or 9.0159 acres. PARCEL III (206,312 sq. ft. or 4.7363 ac.): GPIN No: 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-3, 4.7 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 In The Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found at the Northeast property corner of"TRACT G-3, 4.7 AC." and the Western line of the 20' right-of-way (R/W) as shown on the aforementioned J.T. Brown Estate plat recorded in Chancerly File No. 1810; thence along the Western R/W line of the 20' R/W as shown on the aforementioned plat the following three (3) courses and distances: S 22°22'53" W, 94.04' to a pin found at the point of curvature of a non-tangent curve; thence along the curve to the right with a radius of 701.29', an arc length of 237.68', a delta angle of 19°25'08", a chord bearing of S 31°53'19" W and a chord distance of 236.55' to a pin found; thence S 41°37'56" W, 187.98' to a pin found; thence S 25°33'10" E, 12.66' to a point; thence N 77°42'46" W, 128.11' to a point; thence N 22°41'40" W, 10.13' to a pin found; thence N 22°56'34" W, 462.10' to a point; thence N 02°21'57" E, 141.00' to a point; thence S 74°22'03" E, 20.80' to a pin found on line; thence S 74°22'03" E, 585.20' to a pin found, being the point of beginning, containing 206,312 square feet or 4.7363 acres. 12 I li PARCEL F BEGINNING at the intersection of the prolongation of the Southern R/W line of Pleasant Acres Drive with the prolongation of the Western R/W line of Pleasant Lake Drive as shown on plat entitled SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2, dated June 30, 1995, prepared by The TAF Group, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Map Book 249 page 60; thence proceeding along the Western R/W line of Pleasant Lake Drive, S 45° 26' 13" W, 125.00' to a point at the intersection of the Western R/W line of Pleasant Lake Drive and the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, N 44° 33' 47" W, 1328.73' to the true point of beginning; thence leaving the Northern property line of property of Virginia Electric & Power Company and proceeding, S 45° 26' 13" W, 66.00' to a point on the Southern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Southern property line, N 44° 33' 47" W, 55.00' to a point; thence turning and proceeding, N 45°.26' 13" E, 66.00' to a point on the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, S 44° 33' 47" E, 55.00' to the true point of beginning. parcel herein described being 3,630.00 square feet/0.0833 acres in size, more or less, and being more particularly shown on a plat prepared for Virginia Electric & Power Company by Gallup Surveyors & Engineers, Ltd., dated June 4, 2014 attached to deed recorded as Instrument No. 20141112001073230. [E.S.G.] GPIN No. 1494-48-1279-0000 ALL THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and containing 2.6 acres and being more particularly bounded and described as follows, to-wit: BEGINNING at a pin in the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 10-foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence turning and running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property of Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of the said ditch South 75 degrees 11 minutes East 80 feet to a pin; thence turning and running South 11 degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 32 degrees 45 minutes 30 seconds East 210.76 feet to a pin; thence South 12 degrees 67 minutes West 190 feet to a pin in the Northern side of a 20-foot Right of Way; thence turning and running along the Northern side of the said 20-foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. IT BEING the same property conveyed to E.S.G. Enterprises, Inc., a Virginia corporation by deed from Benjamin Russell and Lillian Russell, husband and wife, dated August 2, 1985 and 13 11 IIrecorded September 9, 1985 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2441 at page 211. [Aralar] GPIN No. 1494-48-2492-0000 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, and more particularly described as follows: BEGINNING at a pin in the southeastern comer of the lot herein to be described, which pin is on the northern side of the 20-foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20-foot right of way from a pin to the eastern edge of the V.E.P.C.O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20-foot right of way, the point of beginning. IT BEING the same property conveyed to Lolita C. Aralar by deed from Jeffery S. Pyatt and Jeffrey C. Leavitt, dated December 14, 2001 and recorded December 26, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4585 at page 444. 14247456v2 14 ;11 (1111; ---- , , ----:-------- - - ---- i ,, mu le 10 it/Ie\11 --Jr-7j, 0 --i„,--------- c ----N-__,__ , ----1" I I • 0 , . 1 ,._/....I 't,f2:—.----5--------7 '' . , CD N.: . CA 4114 •Wilr , ./ CO +04 Mil• i--_,__- ----14---- I, csis lc) .. c:flE -...„ i .4. 0 . 4:: +14 -7 iii L-27' ' lfrk 'IS\Nt C44 -''- 1'.• NI rft ..: •'. M , , -74. i / c , .„ , sa.. LLI - • / / o . C • --------.. > * , , RI -'---V•. ..-..--. Ss' .‘;\*,, • 0 --.. 14,1 no ?Ai \ _ 0& , .k.,..\\\ ..,..., - . N itir) z I a. N, (2- i „ 2. . . 1 ---#) -; 0 4 L2 1 ct, --, ki / —4c L- 1 N el 6 o 11111 etl co ";01 _J r: 1.41,144, ,,,,r,- c. i```w yJ:',� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: M & K INVESTMENTS I, LLC [Applicant/Owner] Conditional Change of Zoning (B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business) 1081 and 1091 Norfolk Avenue (GPINS 2417540166, 2417543201, 2417542185) COUNCIL DISTRICT—BEACH MEETING DATE: November 17, 2015 • Background: The majority of this existing commercial strip center is zoned B-1 Neighborhood Business District with a small corner parcel zoned B-2 Community Business District. The applicant is purchasing two parcels that front on Norfolk Avenue from the City. The new parcels total .12 acre and the applicant desires to use the area for shopping center overflow parking. This is a request to rezone all of the combined properties to Conditional B-2 Community Business District. • Considerations: The purpose of the zoning change is to allow the applicant to lease space in the existing commercial center for uses, primarily retail, that are allowed in the B-2 District, but not in the B-1 District. The applicant currently has a tenant interested in use of a space for a retail shop. Sharon Felton, a Seatack property owner, appeared in opposition. She is concerned about the impact of noise and trash from the shopping center on the adjacent neighborhood and reported incidents of customers from the shopping center trespassing onto residential properties. She does not believe that the existing buffer between the shopping center and the Seatack neighborhood is adequate. The applicant offered to amend the proffered site plan prior to the City Council meeting and add a six-foot solid fence along the eastern and southern property lines of the two new parcels being added to the commercial center. A copy of the revised site plan is attached. Due to the location of this shopping center in the Greater than 75 dB DNL Noise Zone and the Accident Potential Zone — 2, the applicant has proffered that (1) the types of uses permitted will be limited to uses that are compatible with the AIUCUZ and (2) the square footage of eating and drinking establishments, which are not compatible within APZ-2, cannot exceed the current 5,850 square feet of floor area. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached staff report. M & K Investments I, LLC Page 2 of 2 • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered and with the addition of the privacy fence along the eastern and southern property lines of the two new parcels being added to the commercial center. • Attachments: Revised Site Plan Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department s` -f)City Mana ger: S14 ' 6 ABBREVIATIONS. N NORTH 1,¢.1311 OF S E EAST SOUTH WPL SIGNED BY C j�R op W WEST .• �i1//1! PROPERTY LINE �`' Xs- PG. PAGE 0WILLIAM R. PRITCHARD a M.B. MAP BOOK Lic. No. 2266 04/23/13 NORFOLK AVENUE ly o N (R/W VAR/ES) �'b V v o (D.B. 2236, PG 1291) SUR j p N 84'00'09" E N 89 25'32" E oN 13.11' 16.00' h N 89'25'32" E N 83'00'18" E -1:-.co 10.15' 0.72' et N N 82'47'16" E 7.32' W 407.56' TO 9.99' BIRDNECK RCMO 74.11' CIt I !'f PERMANENT OH/UG EASEMENT 7.00' / l BEGIN 30' 4'PRIVACY FENCEOLID , FOR VIRGINIA POWER&BELL / ,, ATLANTIC 211 SQ.FT.0.005 AC. (INSTR: 2005042000068750) O O ;' 10 (10),£LAEAGNUS X EBB/NGII 14) V G l a BEGIN 6'SOLID a o?y^o co �� 'O QQ�QG'OD �V / 0 PRIVACY FENCE Q C5 G `� o Q.c, ` ti 4; ^i(O Q / Z;" 3 NOW OR FORMERLY Q Q o 433 h� Q O ...o ^) / JOHN H. COSTON & K,cO' C:1' i ^�' 4i . co O 0�^ a �' + ry^) O / GLORIA F. COSTON O 2 ^`.�'N N p3 0 0 • O' / 2417-54-3169 Ili cci m• & �Q. �` / "i N (M.B. 12, PG 49) ` 4764. 15' CAT. IV l �'� (3) LAGERSTROEM/A INDICA J BUFFER l CATAW94' 0 15' O.C. Q / 0`' (10) ILEX OPACA / O,l O6' O.C. I S 89123'37' W 45K91' 1/ (3) LAGERSTRO£ML4 IND/CA LOT 10 / O' CATAWBA' 0 15' O.C. it. MARY E. PARSONS / (D.B. 304, PG 491)/ . W (11) ILEX X MESERVEAE ' ' (M.B. 12, PG 49)/ „a, CASTLE SPIRE' 0 4' O.C. -- IN�- GP2-.12 5 -21 p5 e 44181 _61. FT. NW 0.039 %/ 0)a A"•k 44 hi' N84'08:33*_r -JG --�_ W 48.37 -_____ LOT 11 & 12 FRANK LEON SMITH AND G. SMITH 6' SOLID PRIVACY (0.13. 3561, PG. 1674) FENCE (M.B. 12, PG 49) GPIN: 2417-54-3009 FLOOD INFORMATION: THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE x (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOOD), AS SHOWN ON F.E.MA'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0128F DATED MAY 4, 2009. WPL IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING, FOR FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFlCIAL THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. THIS PLAT DOES NOT INTEND TO REPRESENT A SUBDIVISION OF LAND. ZONING EXHIBIT *K IN OF `' tiA RD GPIN: 2417-54-3201 Z 5 `� GPIN: 2417-54-2185 R 1' 1201 ' PLAT RECORDED IN INSTRUMENT NO. 200504200068750 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF TILE CITY OF VIRGINIA BEACH, VIRGINIA /► �.r 4�1 L landscape kchitecture VIRGINIA BEACH, VIRGINIA ( �/ � CM Engineering EXCLUSIVELY For Np�fe.Lond 757.431.1041 tQ W1Y161MA 9E 8 NM UK%7302 SCALE: 1" = 20' MARK MOUSOURIS APRIL 23, 2013 CAD/chic:MRB/wrp CITY OF VIRGINIA BEACH. VIRGINIA I F.B. PG. IPLAT: I JN:213-0066 21 BEACH ,`'1'..',;7_,. M&K Investments I L.L.C. October 14, 2015 Public Hearing IIf >I511fdnR75 'AP2`2 1 APPLICANT ' swrmw-aes—" L"--__._NORFOLK AVE- M & K 4Pz `'%O /' i-' k INVESTMENTS I, < � �� t�7.b LLC " � c ;_ �R7� B2 � T ,` PROPERTY OWNERS: I >75 i . LIM / `� )1M & K INVESTMENTS R7,5 0I LLC & CITY OF ravaw r t -, - R7.5 R7.6 7 R1O ,,� j zgoft,C,,,n ,, ,,,,P,,,M,.O ., S,ao„M,a. Change of Zoning from Zo 1,and R7l .5 VIRGINIA BEACH 2 STAFF PLANNER: Stephen J.White REQUEST: Change of Zoning(B-1 & B-2 Business and R-7.5 Residential Districts to Conditional B-2 Business District) ADDRESS/DESCRIPTION: 1081 and 1091 Norfolk Avenue GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2417543201; 2417542185; BEACH 1.68 acres Greater than 75 dB and 2417540166 DNL/Accident Potential Zone 2 • BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Change of Zoning for a site consisting of three parcels totaling 1.68 acres. The largest parcel, consisting of 1.56 acres, is zoned B-1 Business, with the exception of an area of B-2 zoning located adjacent to the intersection of Norfolk Avenue and S. Birdneck Road. Two smaller parcels, totaling 0.12 acre, are located on the eastern side of the larger parcel, and are zoned R-7.5 Residential. The applicant is in the process of purchasing the two smaller parcels from the City, which had acquired them during the S. Birdneck Road improvement project. On August 4, 2015, the City Council adopted an ordinance approving the sale of the parcels to the applicant for the purpose of overflow parking and deliveries. Conditions of the sale include the applicant's rezoning and resubdivision of the property to include it with the larger parcel, as well as providing a buffer between the 0.12-acre parcels and the adjacent residential lots. M & K INVESTMENTS I, LLC Agenda Item 21 Page 1 I II Details • The applicant is requesting rezoning of the combined parcels to Conditional B-2 Business District. • The purpose of the zoning change is to allow the applicant to lease space in the existing commercial center for uses, primarily retail, that are allowed in the B-2 District but not in the B-1 District.The applicant currently has a tenant interested in use of a space for a retail use. • The center is currently occupied by several personal service shops, an office, and several eating and drinking establishments. • The eating and drinking establishments would typically not be an issue with a Change of Zoning from B-1 to B-2, as the use is allowed in both zoning districts; however, in this instance, the change to B-2 affects the status of the restaurants due to the AICUZ and APZ that this site is located within. • The site is located within the Greater than 75 dB DNL AICUZ and in APZ-2. Section 1804(b) of the Zoning Ordinance designates"Eating and Drinking Establishments" as being 'Compatible' within the Greater than 75 dB DNL AICUZ. The same section of the Zoning Ordinance, however, designates the use as 'Not Compatible' within APZ-2. • The action of changing the zoning from B-1 to B-2 constitutes a zoning action that would result in the existing Eating and Drinking Establishments to be deemed nonconforming due to their'Not Compatible' status within APZ-2. • To address this issue, staff and the applicant determined that the current floor area of the commercial center devoted to the eating and drinking establishments(5,850 square feet)will be used as the current level of nonconformity. Accordingly, the combined area of eating and drinking establishments in the commercial center may not exceed 5,580 square feet, which the applicant has provided for in Proffer 2. • Proffer 2 also lists uses that will be permitted on the property. The list consists of uses that are allowed in the B-2 Business Districts and are also designated as 'Compatible' in APZ-2 by Section 1804(b). 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial strip center SURROUNDING LAND North: • Norfolk Avenue and Bicycle-Pedestrian Trail USE AND ZONING: • Single-family dwellings/ R-7.5 Residential District South: • Longstreet Avenue • Vacant undeveloped parcel/B-2 Business District • Single-family dwellings/ R-7.5 Residential District East: • Single-family dwellings/ R-7.5 Residential District West: • S. Birdneck Road • Single-family dwelling/ R-10 Residential District vet r M & K INVESTy11nENTS I %Lc Agenda Iter 21 Page 2 NATURAL RESOURCE AND The site is fully developed with structures and parking area. There CULTURAL FEATURES: are some areas of grass and trees within the parking lot islands. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Virginia Aquarium and Owls Creek Suburban Focus Area(SFA). The Master Plan for this SFA encourages sustainable development or redevelopment of regional significance that showcases the unique places in this SFA: the Virginia Aquarium, the Research Center at Owls Creek Point and Marshview, the Entertainment and Education Center, and the Marina District(pp. 3-15 to 3-17, 2009 Comprehensive Plan). The Master Plan identifies the general area of the subject site as one of four gateways to the district (p. 3, Virginia Aquarium and Owls Creek Master Plan). The applicant's request to change the zoning is a minor change that has no impact on the Virginia Aquarium and Owls Creek Master Plan, and, as proffered, is in conformance with AICUZ policies. 4 • IMPACT ON CITY SERVICES The proposed change of the zoning of this site to B-2 Community Business, as proffered, is not expected to have any impact on City services beyond what currently exists. 4 0 EVALUATION AND RECOMMENDATION The applicant's request to change the zoning of these parcels, currently zoned B-1 and B-2 Business and R-7.5 Residential, to Conditional B-2 Community Business is acceptable. The applicant desires to lease space in the existing commercial center for uses that are allowed in the B-2 District but not in the B-1 District. In particular, the applicant desires to have the opportunity to lease to retail businesses. The site's location in the Greater than 75 dB DNL AICUZ and APZ-2 has an effect on the property such that(1)the types of uses permitted in the B-2 District are limited by the uses deemed compatible within the APZ-2 and (2)the designation of eating and drinking establishments as not compatible within APZ-2 deems them as nonconforming uses, and the applicant has proffered that the use will not exceed the current 5,850 square feet of floor area. These two effects on the property result in a mix of possible allowed uses for the site that will ensure the commercial center remains compatible to the surrounding area and continues to support the community. Staff recommends approval as proffered. 4 • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily sukmitWg! M & K INVESTMENTS I cL .: Agenda Item 21 Page-3 these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: All outdoor lighting shall be shielded, deflected, shaded, and focused to direct light down onto the premises and away from adjoining property. PROFFER 2: The following uses which are permitted in the B-2 Community Business District and are listed as "Compatible(Y)" under Section 1804(b) of the Grantee's Zoning Ordinance, as applicable to building area on the Property located in Accident Potential Zone Two ("APZ-II") , shall be permitted uses on the Property: a. Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; b. Greenhouses and plant nurseries; c. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; d. Medical laboratories; e. Newspaper printing and publishing,job and commercial printing; f. Public utilities offices; g. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises;further provided that adult bookstores shall be prohibited from locating within five hundred feet(500')of any apartment or residential district, single or multi-family dwelling, church, part or school; h. Specialty shops. The 5,850 square feet of gross floor area of Eating and Drinking Establishment use currently located on the Property, which is permitted in the B-1 Neighborhood Business District, but is listed as "Not Compatible (N)" in APZ-II in Table 2 of Section 1804(b) of the Grantee's Zoning Ordinance, is permitted on the Property as a non-conforming use but shall not expand beyond the current 5,850 square feet of gross floor area. PROFFER 3: The party of the first part shall record a Resubdivision Plat vacating all interior property lines between the three (3) parcels, as well as landscape and improve the 0.122 acres on the eastern end of the Property for use as overflow parking, substantially as depicted on that plat entitled, "REZONING EXHIBIT OF GPIN: 2417-54-3201 and 2417-54-2185", dated April 23, 2013, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers ensure that the use of the site will be limited to those compatible to the AICUZ and APZ as well as the adjacent residential area. The proffers also ensure that the new overflow parking area will be improved and landscaped. M & K INVESTMENTS t Lc. Agenda Iter 21 P+ 4 The City Attorney's Office has reviewed the proffer agreement dated August 6, 2015 and found it to be legally sufficient and in acceptable legal form. NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. _ Y _ M & K INVESTMENTS ILC Agenda Item 21 Page 5 i ._ ; 64 2*. '"IL 4 ti . :,,.. ; +It; y , 1 L + ti- i \ t.,, E + ' .!<7.-1.',,t y 0 P P i , 7' 4 y U 1 v`�Wit. �i.� ? ,'-''T., ., }'.�,_ `,;ri ,�. t+' r 3,B fa.. ,� 4 I,1` o �. Fx -'. h , } r` a _ iY B' Y'';, ,.,.„, 044 e ario f>. L,i \/ ..- /, :,:' ... ,. \,,, ,- ' If _ \� d' rip — 'i - iIii) N V • S a 5 i. f .„ , , . , �o , .„, „, , . //i.” , , .,,- 0 , , ..., ,. ,. . ms ., , „,„ ,, ,, . .. . . .. , ,_ , Y ,. ,. r �f t . ., ,,, ,, ,,,„,„ ,....,.....,,,,,..„., , .• .. ,, . ler ' , 'six - _ 4 - K ; 4 i , ,V 4 P- AERIAL OF SITE LOCATION M & K INVESTLLC '� i AgendaMENTS ItemI, 21 Page 6 I -' :-r a - 50:12112:1111 aW N w w? I ¢ r au a O a 7 p Ix s.�e z s«i N Ld 6; 0 J.. " V \ L S1HzJ13H 3n110 A-t4 ,3 0 4 j a. V X3 S A1213Wa0.A 80 MON Yc� z "Q ad. Pi �� et la €yYo g -7-i c>N :: Z1 'g s_J .l r Q:.�i M g�aryw.n s p 2 a c- o of i ri 18 . .t=.sz ►.u�.\1 3 =' �E w it 0 z..� y�-- i ti ,,.,�— -- m « ♦ bi - won[ I� ( at", `Y, •, ,--- \ :Ji. — la-.°o« 1601 It N0O18 AllO1S I gq c 4L11 N .\\' z 064. 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(R/W vAR/ES) �p SURvi� v o (0.8. 2236, PG 1291) o N NN 84'00"3 11 N 89'15 32'£ 2N N 892532"E 16.00'N 83'00'18'E g p 10.15' 0.72' N N 82'47'16'E 7.32' Li... 4007.56'10 9.997 BIRDNECK P1340in 74.11' z 1• # ''1._ 11LLi_ '/ ® `� P109 118 000EASEMENTBL i 7.0D , ma FOR YIRGNU POWER A BELL rid ARANBC 211 SQ.FT.0.001 AC. I O, (MSIR:2W504200W68150) 2h fit,,,. / !=' Io (10)EZAEACNUS X EBBING/I 1.1 o&1ah / O' , hay V , Ro a4.. ..o a n p if Q'QV,nO`l / O` ` O C]'QG 0 0 o O 1 NOW OR FORMERLY ' 3a a c� ., 4 `' ^h Q �� 3 o ..3.,0 a o O,•''' ^3 / JOHN H. COSTON k 0'N 3 a„y�1 �^�_•v ry �b y0 0 / O ro GLORIA F.COSTDN O N i^�N e ry ,o 4 0• �.�O' / `�/i' 2417-54-3169 �h o- • .\... / , M.B.( 12, PG 49) 00'� �' , / 0S. i• / 0, (3)LAGERSIROEMLI INLNCA 15'C41: N--N....7/ G11AWg4'0 15'0.0. /}4 ' BUrrtx 7 e1 (10)ILEX OPAC.4 `{J / 0 6'O.C. / 01 S 8923:77"W 45091' Ot (3)LACERS7ROEM41 INDIC4 LOT 10 / t C4rAW84'0 75'O.C. m MARY L PARSONS / (D.B. 304, PG 491)/ W (11)ILEX X MESERNEAE ' (M.B. 12, PG 49)/ INC 045121 SPIRE'0 4'c.c. —--GPINr-2.432_-55-211351 Allikk1..•: 4. FT 0.039 .. t 14.11711 0 CI-0 lirlf/ N 81'0t5:73'W 483i-.'NIIiiii't ---—_-_-_..__ LOT 11 & 12 FRANK LEON SMITH AND G.SMITH (0.9.3561,PG. 1674) (M.8. 12,PG 49) GR1W 2417-54-3009 FLOOD INFORMATION:1W PROPERTY 511014N HEREON APPEARS TO FALL WDHW FL000 ZONE X(AREAS DEltR/4NED TO BE 01.1151DE OF THE 0.20 ANNUAL CHOKE a.000), AS SHOWN ON LENA'S ROOD INSURANCE RATE LAP (FIRM) FOR THE CITY OF VRONU BEACH, VIRGINIA, COMM1.16M PANEL NO.515531 0128F DATED 1AY 4,2009. Wt.5 NOT A PART/IN DEIEWN+INC 1HE REQUIREMENTS FOR 11000 INSURANCE ON THE PROPERTY SHOW HEREON.THIS SURVEY DOES NOT IMPLY TOUT THS PROPER!?MILL OR WILL NOT BE SUBJECT TO FLOOONC,FOR FURRIER INFORMATION,CONTACT THE LOCAL COMMUNITY FLOW OFFICIAL TINS SURVEY WAS PERFORMED 10160077 THE BENEFIT OF A DILE REPORT AAV MAY NOT SHOW ANT/ALL EASEMENTS OR RESTRICTIONS THAT WY AFFECT SAO PR6OPERTY AS 590*0.THIS PUT DOES NOT NTEID TO REPRESENT A SIBONISKIN OF WE. — ZONING EXHIBIT i ,:i OF Ta GPIN: 2417-54-3201 Ir GPIN: 2417-54-2185 PUT O CORDED IR�S O�F NO. THE2CITY 4OFOVIRGSINIA BEACH,CLERK'S WCGINIA OFFICE Lam.aaa.mr.Land 9-.1,4rog VIRGINIA BEACH, VIRGINIA f"i .I a M'A1c WM O ,. i MI7 SCEXCLUSIVELY For C w.SQ 1 OCALE: 1' = 20' MARK MOUROURIB APRIL 23, 2013 CAD/chW NRB/wrp CITY OF VIRGINIA BEACH.VIRGINIA 17.H. PC. PUT: DR:213-0068 SITE SURVEY (Lots 1 and 10) r„r1'A:sF�r r M & K INVESTt ENTS I, LLC Agenda Item 21 Page 8 c-5. �4- '5 . -' 4 ; i I rr • - PHOTGRAPHS OF COMMERCIAL CENTER FROM CORNER OF NORFOLK AVENUE AND S. BIRDNECK ROAD h, 4 • 11 117 ( --0111111. AIM PHOTOGRAPHS OF SITE M & K INVESTMENTS I, LLC Agenda Item 21 Page 9 BEACH Mao p L-scale M & K Investments I L.L.C. - 1\t k---- —I—' f 2 >75 dnIR7- -7 2 m / . sotnWERNBLVD NORFOLK AVE PZ 1 o...,-cr 4/ . >7 4o r_'I o �srR '' n ,, Le BZ7 t G 2 , , . ,„.„,, 0 i >75 •• -a ., R7 ' .,,,7 ,---,::- .,,,7a i r. OP � a JACKSON Sr f aoatc R7: �R10 RSD _ 'Zoning with Conditions/Proffers.Open Space Promotion Change of Zoning from B2, BI, and R7.5 to Conditional B2 APPLICATION TYPES CUP=Conditional Use Permit MOD=Modification of Conditions or Proffers FVR=Floodplain Variance REZ=Rezoning NON=Nonconforming Use ALT=Alternative Compliance CRZ=Conditional Rezoning STC=Street Closure SVR=Subdivision Variance # DATE REQUEST ACTION 1 06/26/2001 CRZ(R-10 Residential to Conditional B-1 Business) Approved 2 01/26/2010 CRZ(R-10 Residential & Conditional B-1 Business to Conditional 1-2 Approved Heavy Industrial) ZONING HISTORY M & K INVESTMENTS I, LLC Agenda Item 21 Page 10 14:4 �- 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: IAcquisition of Property Disposition of City (Modification of by City Property f Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request I 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. 4 • SECTION 1 /APPLICANT DISCLOSURE F2 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 If FOR CITY USE ONLY/A C-sclosures most be updated two 12t PTs p. ,r to any Page 1 of 4 Manning Co.mmscion and City Counc I mtetmq that I.ertans to the apploabonts) ® APPLICANT NOTIFIED OF HEARING DATE W NO CHANGES AS OF DATE 9/29/2015 siw /1/`7/9c'/5 0 REVISIONS SUBMITTED DATE DISCLOSURE STATEMENT M & K INVESTMENTS I, LLC Agenda Item 21 Page 11 s - ` ' ""s' a'y t. ax. •, �` 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) M&K Investments I,LLC:Mark Mousouris,Manager (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant:(Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Lam. 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 PropertyOwner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) The property owner of Parcel 1 is the same as the Applicant.The Applicant is contract owner of Lots 1 and 10,currently owned by the City of Virginia Beach,but which are in the process of being conveyed to the applicant per • ordinance adopted by the City Council on August 4,2015. (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 necessaryto 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 M & K INVESTMENTS I, LLC Agenda Item 21 Page 12 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. 1 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return I I 111 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than FlX❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ElEngineers/Surveyors Mel Smith&Associates 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 interact,,r,d r%/irnini,1�... DISCLOSURE STATEMENT M & K INVESTMENTS I, LLC Agenda Item 21 Page 13 i Ili -. a `aro zais;, fin» �� „> K a; t 2 4,4 Financing (include current BB&T ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/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 an interest in the subject land or any proposed development n C 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 tw. weeks prior to the Planning Commission, Council, VBDA meeting, or meeting / any public body or committee in connection with this Application. • Mark Mousouris, Manager 2-11/j A•• 'T'5 '•ATURE PRINT NAME DAE 19k- (4)611 .' PRINT NA MP I r�wTr DISCLOSURE STATEMENT M & K INVESTMENTS I, LLC Agenda Item 21 Page 14 Item#21 M & K Investments I, L.L.C. Conditional Change of Zoning 1081 & 1091 Norfolk Avenue District 6 Beach October 14, 2015 REGULAR Jeff Hodgson: We are ready to call the next agenda item. Phil Russo: Mr. Chairman,our next item is item 21. An application of M & K Investments I, L.L.C.for a Conditional Change of Zoning, B-1 Neighborhood Business District, B-2 Community Business District, and R-7.5 Residential District to Conditional B-2 Community Business on property located at 1081 & 1091 Norfolk Avenue, District 6, Beach. Mr. Bourdon. Eddie Bourdon: Thank you again Mr. Russo, Mr. Chairman, for the record, Eddie Bourdon representing the applicant. Mr. Mark Mourouris, principal of M & K Investments,the owner of the existing center is with us this afternoon. I believe the Dr.White did an excellent job in the Informal of explaining the different aspects of this application. The first being the request to rezone the existing B-1 portion of this center to B-2, but with very strict proffering so that it will just simply preserve the existing non- conforming, as it pertains to AICUZ and the Navy,to the amount of square footage for restaurant space within the center. Restaurants are allowed in B-1, and today,with an unconditional B-1 and subject to parking, could be all restaurant space, but we don't want there to be any thoughts that any additional parking that this represents is going to provide more restaurant space with limited and cannot increase. We got a tenant, and actually leases were signed, and everything else. A cell phone company comes in here, and it turns out they can't because B-1 doesn't allow retail. So, the B-2 is just to allow retail,and only uses that are compatible with the AICUZ Ordinance,since it is in the APZ-2 and 75db noise zone. Nothing else changes in that respect. This piece of property that the City purchased as a staging area, lay down yard for the Birdneck Road improvements that have been complete for a number of years, again, my client tried to acquire this, and has been through a lengthy process with the City Appraisal, etc.,and because we certainly, and this is not an appropriate place for another residence to be built, again, because of the APZ-2, and the high noise zone. Now in the interim, since it is no longer being used by the City, the tenant here (pointing at restaurant on east end)thinks they have overflow parking. There has been parking there. It is not anything my client has encouraged. Apparently that has been happening to some degree. Now, with this, it must be additional landscaping all on-site that is shown on the plan.There are already fences along here; if any fence needs to be replaced. There is certainly a willingness to replace any fencing that needs to be replaced. All the landscaping will take place inside of the site as shown on the plan. Again, it is a proffered Conditional Rezoning. The uses is in the building are not going to change other than it will allow some very small retail use. I appreciate it being on the consent agenda. I'll be happy to answer any questions. Jeff Hodgson: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon? Thank you. Phil Russo: Our next speaker is Sharon Felton. Jeff Hodgson: Good afternoon. Item#21 M & K Investments I, L.L.C. Page 2 Sharon Felton: Good afternoon Chairman Hodgson, Commissioners, Mr. Frankenfield. I am Sharon Felton, and a property owner in Seatack. I, and the other property owners that are impacted by this existing plan oppose this change of B-1 to B-2 because we feel it would only add to the now existing dynamics of our residence. We have not had any real full engagement of what this detail or change would be, but as of now,the buffers,the fence,the shrubbery that we have now, are no longer serving as an effective buffer between the neighborhood and business. This is a condition that exists now. The parking from the Beach Grill spills over into the neighborhood. Trash, driving, and walking through our property now exists. Loud noise that goes on way past 2:00 a.m. still exists. Incidents that have occurred at the Beach Pub has caused policemen to come to our neighborhood and has personally asked me to let them check my home for anyone that has ran from the club. Mr. Chairman, I can appreciate your knowledge and your observance of the crowd that gather at the club, but it is nothing like living in that condition on the weekend. We are fully aware that club exists and all the other business that are there, but we are just afraid of changing it to a retail,will only add stronger dynamics to what we are living in now. The fence that is there, the shrubbery that is there,we are tired of walking out in the evening or the next day or the following day. There is nothing like finding beer cans, bottles, and any other existing paraphernalia that has been used over the evening. I will tell you that the noise is really loud. This is an old community that sits behind this strip mall, and because of a lack, and I can appreciate it. I walked and canvassed the homes that were being impact by this, I was the only one that received this, and walked and talked with them,and they said, if I could get more understanding of what is trying to be done. Now if it is feasible,they could build a wall. We might accept that. I would probably have to go back to them and asked them if this would be effective? I do appreciate your time and thank you so much. Jeff Hodgson: Thank you Ms. Felton. Are there any questions for Ms. Felton? Thank you. Phil Russo: There are no other speakers. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Mr. Mousouris, and I will engage Ms. Felton when this hearing is over. I spoke to her and her husband earlier briefly, but I had too many other items to be able to spend a great deal of time with Ms. Felton. We certainly,the Beach Grill has been there since I lived in Lands End, which has probably going on 30 years ago. This doesn't add any additional use for that particular establishment, and in no way, it does the opposite. It limits the amount of restaurant space. The need to put up fencing to beef up the landscaping, which is what this does entail, and I don't disagree with really not intending this to even be used other than as an overflow lot. Maybe we can talk about that as well. We're not changing anything is the long and short of it other than putting that little piece of property on the tax rolls, eliminating it from being able to be used as a site to build a house. Other than that, there is nothing that is happening here that is other than a plus, as far as what the concerns are. But, that doesn't mean there are other things that we can discuss in terms of trying to police that situation that she described better. I'll be happy to try and do so. Jeff Hodgson: Are there any questions for Mr. Bourdon? Ron Ripley: Eddie, can you describe this buffer a little clearer so as to we are real clear as to what we're talking about here? That seems to be on the neighborhood's mind. Item #21 M & K Investments I, L.L.C. Page 3 Eddie Bourdon: Sure. In the original plan,just too also make clear, showed, and I see where there was fencing, and that is why we took the fencing off, but we certainly are not adverse (this thing is not working-laser pointer)to fencing the property line.The landscaping, which is Evergreen hedge inside, small, where the trees are, we will actually be planting trees, and then have smaller material out close to Norfolk Avenue, and then across the back, and the heavier material that will just grow up to be 8, 10, 12 feet in height, along the section where you don't see the trees. That is what is proposed. That is what we had shown the Real Estate Department, it went to Council, but it can certainly change. But the idea would be to have a fence along the exterior of those two sides,the east side and the south side, and then the heavy landscaping inside of our property, in additional landscaping at least to some degree, not necessarily where Ms. Felton's home is, but where the house on the corner is located, does already exist. Again, we are putting this additional landscaping to that. That is not going anywhere. We are not doing anything to this piece of property that is going to eliminate any of the existing vegetation that is there,just adding to it. If the fence needs to be installed or replaced, my client is amenable to doing that as well. Ronald Ripley: So, you are saying there was a fence originally proposed, and not it is not? Eddie Bourdon: Yes. I think there are some pictures. I haven't gone and looked in the last couple of weeks. And you can see some evidence of fencing back in the back of the site. I've got pictures where there were fences when the City originally took the property, and maybe they have been taken down because of disrepair. But to the extent that if it is not fenced on the two sides being the east side and the south side, we have certainly no concern about adding a fence and then also the landscaping that we are talking about. Ronald Ripley: Mr. Frankenfield, does staff have a problem with that? Barry Frankenfield: No sir. Ronald Ripley: Thank you. Jeff Hodgson: Are there any other questions? Bob Thornton: I've got one. Eddie, that building that we see, and I see it in an aerial attached to the back of that building, what exactly is that and what is it used for? Eddie Bourdon: Mr.Thornton,you'll have to show me on the aerial, and I'll have to ask Mr. Mousouris. Bob Thornton: On the aerial,you see in the corner there is a boat, and there is parking, and then move over toward the building, right there. It looks like there is a structure attached to the back of the building. Jeff Hodgson: I can tell you what it is. I am fairly certain it is an outside area for the bar/restaurant where you can go outside and smoke. I believe. Eddie Bourdon: I am getting a head nod. Jeff Hodgson: Okay. Item#21 M & K Investments I, L.L.C. Page 4 Eddie Bourdon: Okay. That would be the smoking area. Jeff Hodgson: Yes. Eddie Bourdon: It is kind of hard to see. Can you give me 30 seconds? Jeff Hodgson: Sure. Eddie Bourdon: Mr. Chairman,what I would suggest is that City staff determine whether the tenant got a building permit or whatever they needed for that, because my client, that wasn't anything that they constructed. The owners did not construct that. Whatever it is, the tenant claims to have a permit for it. I am skeptical. Bob Thornton: What concerns me, I guess, is if that is the smoking area of a bar/restaurant,that is where their people will be sitting out there smoking and probably drinking. It just creates noise, and I can see if I lived in that house on the corner, and there's not adequate screening. Eddie Bourdon: Mr.Thornton, I don't disagree with you. I frankly don't know,given the proximity to the property line, and the entrance to the restaurant is on the opposite side of the building, it doesn't add up to me. I've been doing this a long and it does not add up. I don't believe, I don't know, but don't believe anybody gave them a permit for whatever that is. I don't think their ABC license is going to allowing anybody to be consuming alcohol in that area either. Bob Thornton: Assuming that it gets fixed and stays, or whatever, so you're saying your client is comfortable with putting some kind of a fence up there? Eddie Bourdon: Fence and landscaping,the whole thing. I was not aware of the existence of that, and again, maybe they have a permit. I can't sit here and tell you that they don't, but I am highly skeptical as to whether that is something that was put there legally. Bob Thornton: Okay. Thank you. Eddie Bourdon: You are up against Residential with B-1, and I am not thinking that is something that anyone got a permit for. Jeff Hodgson: I am in agreement with Ms. Felton that everything she is experiencing is happening, but this application isn't going to change that. So, I kind of want to make sure that we separate the two. Eddie Bourdon: There is no way that this does anything any other than, and I understand the idea of trying to make a situation that is not what it ought to be better, but the application itself is in no way going to make the situation worse. Jeff Hodgson: I am hoping that this would make it better in the fact that now we can get an appropriate buffer between the neighborhood, and the building. Eddie Bourdon: If they don't have a permit, which is I suspect is the case,that will have to go. Item#21 M & K Investments I, L.L.C. Page 5 Jeff Hodgson: I'm even taking that out of the equation. I'm just looking at the application as it stands right now, and the issues that she had there. They are separate. Eddie Bourdon: We'll have some discussion outside about moving forward from here as far as trying to deal with those issues. Jeff Hodgson:Are there any other questions for Mr. Bourdon? Mr. Brockwell. Ross Brockwell: Just along those lines, I think you said that the potential retail tenant alluded to is cellular sales or service? Eddie Bourdon: Correct. Ross Brockwell: Okay,that is not another bar or restaurant? Eddie Bourdon: No. Ross Brockwell: Along those lines as making it worse. That's a potential tenant. Eddie Bourdon: The existing zoning would allow additional restaurant use. This will stop it at just the square footage that is there now, and none additional. Jeff Hodgson: I really feel this application actually helps Ms. Felton. Eddie Bourdon:Thank you. Jeff Hodgson: Thank you. Do we have any other speakers? Phil Russo: No other speakers. Jeff Hodgson: We will now close it for discussion amongst the Commissioners. Would anyone like to begin? I will say that I drive that road virtually every day, and the restaurant has been there for, I think Eddie said 30, I want to say 40. He was being light. I only went from earlier, and I think this is actually going to help, like I said a second ago, Ms. Felton,with now what has been brought to light that there is an issue there, and this fence and buffer will help the neighborhood. It will help,and then your other concerns now, those will need to be addressed through another avenue, not necessarily this application. So, I am in support of the application. Is there anyone else? Mr. Ripley. Ronald Ripley: I'll motion to approve, but I would like to have a fence that is incorporated in the buffer that is acceptable to the Planning Director. Jeff Hodgson: I agree completely. Barry Frankenfield: Yes. Item#21 M & K Investments I, L.L.C. Page 6 Jeff Hodgson: A motion made by Commissioner Ron Ripley. Mike Inman: I'll second it. Jeff Hodgson: A second by Commissioner Inman. We're ready to vote. 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 has approved item 21, M & K Investments I, L.L.C. for approval with an addition of a fence in the buffer. Jeff Hodgson: Ms. Felton,thank you for taking time to come down, and hopefully, this will be a start in helping some of your concerns. Kay Wilson: Mr. Hodgson,that would require them to amend their Proffer Agreement between now and City Council. Jeff Hodgson: Okay. Mr. Bourdon, I assume you heard? Thank you. jo kr CITY OF VIRGINIA BEACH , INTER-OFFICE CORRESPONDENCE 4R -, ._ .' .9 " �_ OCG „- S t op `ouR WO' In Reply Refer To Our File No. DF-9341 DATE: November 4, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils641 DEPT: City Attorney RE: Conditional Zoning Application; M & K Investments I, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 17, 2015. I have reviewed the subject proffer agreement, dated August 6, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen M & K INVESTMENTS I, LLC, a Delaware limited liability company THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 6th day of August, 2015, by and between M & K INVESTMENTS I, LLC, a Delaware limited liability company, party of the first part, Grantor; THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, with improvements thereon, containing approximately 1.561 acres designated "Parcel 1" as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the second part is the owner of those two (2) parcels of land located in the Beach District of the City of Virginia Beach, Virginia, containing approximately 0.122 acres, designated "Lot 1" and "Lot 10" as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which lots along with Parcel 1 are collectively herein referred to as the"Property"; and WHEREAS, the party of the first part, as owner of Parcel 1 and contract purchaser of Lots 1 and io has initiated a conditional amendment to the Zoning Map of the City of GPIN: 2417-54-0166 (Parcel 1) 2417-54-3201 (Lot 1) 2417-54-2185 (Lot 10) PREPARED BY: ran SYKES.BOURDON. AIIERN&LEVY.P.C. Prepared By: R. Edward Bourdon,Jr.,Esquire VSB #22160 Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 � III i Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of Parcel i from B-i Neighborhood Business District and of Lots and io from R-7.5 Residential District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the party of the first part's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: i. All outdoor lighting shall be shielded, deflected, shaded and focused to PREPARED BY: ran SYKES ilOURDON direct light down onto the premises and away from adjoining property. La tItRN&LEVY,P.C. 2. The following uses which are permitted in the B-2 Community Business District and are listed as "compatible (y)" under Section i8o4(b) of the Grantee's Zoning 2 Ordinance, as applicable to building area on the Property located in Accident Potential Zone Two ("APZ-II") , shall be permitted uses on the Property: a. Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; b. Greenhouses and plant nurseries; c. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; d. Medical laboratories; e. Newspaper printing and publishing,job and commercial printing; f. Public utilities offices; g. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; further provided that adult bookstores shall be prohibited from locating within five hundred feet (500') of any apartment or residential district, single or multi-family dwelling, church, part or school; h. Specialty shops. The 5,850 square feet of gross floor area of Eating and Drinking Establishment use currently located on the Property, which is permitted in the B-1 Neighborhood Business District, but is listed as "Not Compatible (N)" in APZ-II in Table 2 of Section 1804(b) of the Grantee's Zoning Ordinance, is permitted on the Property as a non-conforming use but shall not expand beyond the current 5,850 square feet of gross floor area. 3. The party of the first part shall record a Resubdivision Plat vacating all interior property lines between the three (3) parcels, as well as, landscape and improve the 0.122 acres on the eastern end of the Property for use as overflow parking, substantially as depicted on that plat entitled, "REZONING EXHIBIT OF GPIN: 2417-54-3201 and 2417- 54-2185", dated April 23, 2013, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1 Neighborhood Business and B-2 Community Business Districts and to the requirements and regulations applicable thereto refer to the PREPARED BY: Q : SYKES, BOURDON, Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia ABERN&LEVY,P.C. Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 3 The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY: MEI SYKLS BOURDON (4) The Zoning Map may show by an appropriate symbol on the map the Mil Al"ItRN&LEVY.P.C. existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 4 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: SYIiiS, POURDON, 6M A IFRN&LEVY.R.C. 5 WITNESS the following signature and seal: Grantor: M & K Investments I, LLC, a Delaware limited liability company • By: I; (SEAL) k Mousouris, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this loth day of August, 2015, by Mark Mousouris, Manager of M & K Investments I, LLC, a Delaware limited liability company, Grantor. 7171 e , Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 1P' R. ' 1 0 \) . 70A. *um PREPARED BY: MEI SYKES,I OURLDON, DA AHERN&LKVVY.P.C. 6 I 1 11 WITNESS the following signature and seal: Grantor: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia y1i� .46'0'2, (SEAL) 65e..-----A5 , Ji es K. pore, %.1 Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, 709- Q Gd4o J+r" , a Notary Public in and for the City and State aforesaid, do hereby certify that James K. Spore, City Manager pursuant to §2-154 of the City Code, whose name is signed to the foregoing agreement, has acknowledged the same before me in my City and State aforesa'd. GIVEN under my hand this / 9 day of August, 2015. icjc -'7.-Vel_Citt,e) 12""' Notary Public My Commission Expires: ) - L31 • JX Notary Registration Number: '7 °13 03 oh', Sandy Marfa M&oWel- Cornmanwealth of Virginia it Notary Public tijiff t; . Commission No.7073053 ,.,,%,V,,, My Commission Expires 12/31/2018 PREPARED BY: W:WU SYIC£S,IIOURDON, WU AI£RN&LEVY,RC. 7 I III I I EXHIBIT "A" Parcel 1: ALL THAT certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia, being known, numbered and designated as "1.561 AC", being bounded on the north by Southern Boulevard, on the west by South Birdneck Road, on the south by Long Street Avenue, and on the east by "Olive Heights (M.B. 12, P. 49)", as shown on a certain survey entitled, "Boundary Survey of Property of Inez Capps Hyman, et al. dated March 11, 1986, Lynnhaven Borough, Virginia Beach, Virginia", prepared by Talbot Associates, Ltd, Architects, Engineers, Planners, Surveyors, Landscape Architects, which said survey is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Page 1738. GPIN: 2417-54-0166 Lot 1: ALL THOSE certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOT 1 MARY E. PARSONS D.B. 201 PG 372 MB12 PG 49 GPIN 2417-54- 32013,636 S.F. 0.083 AC" and further described as "TOTAL AREA = 3,636 S.F. 0.083Ac. GPIN 2417-54-3201" and "TAKING AREA = 3,636 S.F. 0.083 Ac. GPIN 2417-54-3201" as shown on that certain plat entitled: "AMENDED PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROADWAY PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM PARCEL 113 MARY E. PARSONS Virginia Beach, Va.", Scale: 1" = 20', revised through 4/18/05, prepared by Patton Harris Rust & Associates, pc, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200504200058750 to which reference is made for a more particular description. GPIN: 2417-54-3201 Lot 10: ALL THOSE certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOT 10 MARY E. PARSONS D.B. 304 PG 491 MB 12 PG 49 GPIN 2417-54- 2185 1,698 S.F. 0.039 AC" and further described as "TOTAL AREA = 1,698 S.F. 0.039 Ac. PREPARED BY GPIN 2417-54-2185" as shown on that certain plat entitled: "AMENDED PLAT SHOWING Q.: SYKIS,BOURDON, PROPERTY TO BE ACQUIRED FOR BIRDNECK ROADWAY PROJECT BY THE CITY OF !did AHERN&My,P.C. VIRGINIA BEACH, VIRGINIA FROM PARCEL 113 MARY E. PARSONS Virginia Beach, Va.", Scale: 1" = 20', revised through 4/18/05, prepared by Patton Harris Rust & Associates, pc, which plat is duly recorded in the Clerk's Office of the Circuit Court of the 8 City of Virginia Beach, Virginia, as Instrument Number 200504200058750 to which reference is made for a more particular description. LESS AND EXCEPT that portion of the property designated and described as "PROPOSED R/W AREA (313 S.F. 0.007 Ac.)" and further described as "PROPOSED R/W AREA = 313 S.F. 0.007 Ac.", as shown on the above referenced plat. GPIN: 2417-54-2185 H:\AM\Conditional Rezoning\M&K Investments I\Proffer_clean 7-22-15.doc PREPARED BY: Q : SYns,$30URDON, £L!AI IERN&LEVY.R.C. 9 [ _p"^'-', r r1 : . dYj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH—(A) An Ordinance to Amend and Reordain Sections 102 And 200, and add a new Section 506, of the City Zoning Ordinance, establishing the North End Overlay Ordinance and setting forth Special Regulations for the District. (B) An Ordinance to Amend the Official Zoning Map by the Addition of the North End Overlay District. MEETING DATE: November 17, 2015 • Background: The proposed zoning amendments create the "North End Overlay District" where a duplex property zoned R-5R— Residential Resort District may be developed with two detached single-family dwellings subject to development standards set forth in the ordinance. There are also incentives allowing reduced setbacks to encourage front porches and bay windows. The amendments do not reduce or eliminate any existing rights, but add this new option. • Considerations: The North Beach Civic League worked extensively with the City Attorney's Office and the Planning Department on the proposed amendments in order to provide an alternative to duplex development on North End lots zoned R-5R Residential Resort District. Further details pertaining to the proposed amendments are provided in the attached staff report. All impacted property owners have been notified of the City Council public hearing on this amendment by Certified Mail. There was no opposition to the request at the Planning Commission public hearing. Two letters of concern were received and are attached. • 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 the amendments to the City Council. • Attachments: Staff Report Amendments Minutes of Planning Commission Hearing Two letters of concern Recommended Action: Staff recommends approval. Planning Commission recommends approval. p 1. 1 1 North End Overlay Amendments Page 2of2 Submitting Department/Agency: Planning DepartmenOT------- City Manager: `A : :€431/11.. I I 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 102 AND 200, AND ADD A NEW SECTION 506, OF THE 3 CITY ZONING ORDINANCE, ESTABLISHING THE NORTH 4 END OVERLAY ORDINANCE AND SETTING FORTH 5 SPECIAL REGULATIONS FOR THE DISTRICT AND TO 6 AMEND THE OFFICIAL ZONING MAP BY DESIGNATING 7 THE NORTH END OVERLAY DISTRICT THEREON 8 9 Sections Amended: City Zoning Ordinance Sections 102 10 and 200 11 12 Section Added: City Zoning Ordinance Section 506 13 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That Sections 102 and 200 of the City Zoning Ordinance are hereby amended, 22 and a new Section 506 of the City Zoning is hereby added, establishing the North End 23 Overlay District and setting forth regulations pertaining to the district, and amending the 24 official zoning map by designating the North End Overlay District thereon, to read as 25 follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 . . . . 29 30 Sec. 102. Establishment of districts and official zoning maps. 31 32 (a) In order to carry out the purposes and provisions of this ordinance, the 33 following districts are hereby established, the numbered categories of which are hereby 34 listed in order from most restrictive to least restrictive: 35 . . . . 36 37 (a2) There is hereby established the North End Overlay District. Such district 38 shall be designated on the official zoning map by the notation "(NE)" following the 39 designation of the underlying zoning district. As an illustration, property lying within the I I it 40 North End Overlay District and the R-5R Residential Resort District shall be designated 41 on the official zoning map as having the classification "R-5R(NE)." 42 43 COMMENT 44 45 The amendments add the North End Overlay District as a zoning district of the City and 46 specify how the district is to be designated. 47 48 . . . . 49 50 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 51 ALL DISTRICTS 52 53 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 54 PARKING, OFF-STREET LOADING, AND CERTAIN USES 55 56 Sec. 200. Lots 57 . . . . 58 59 (g) Erection of structures on lot. Except as herein provided, or as provided in 60 the Oceanfront Resort District Form-Based Code, there shall be no more than one (1) 61 single-family detached dwelling, semidetached dwelling or duplex erected on a lot; 62 provided, however, that one (1) single-family detached dwelling and one (1) ancillary 63 single-family detached dwelling shall be allowed on lots within the R-5D(OB) Residential 64 Duplex District or any Apartment or Resort Tourist District within the Old Beach Overlay 65 District, in accordance with the provisions of Section 1903, and two (2) single-family 66 dwellings shall be allowed on lots within the R-5R(NE) North End Overlay District on 67 which duplexes are allowed as a principal use, in accordance with the provisions of 68 Section 506. Except where a greater setback or buffer is required, the setback for any 69 such dwelling from a permanent body of water shall be no less than five (5) feet, as 70 measured from the mean high water mark of tidal bodies of water and from the normal 71 water level of nontidal bodies of water, in any zoning district. 72 73 COMMENT 74 75 The amendment is needed in order to maintain consistency between this section and the 76 provisions of Section 506,which sets forth the regulations of the North End Overlay District. 77 78 2 I �I ii 79 ARTICLE 5. RESIDENTIAL DISTRICTS 80 81 . . . . 82 83 Sec. 506. North End Overlay District. 84 85 (a) District boundaries. The boundaries of the North End Overlay District 86 shall be as designated on the official zoning map of the city. 87 88 (b) Application of regulations. The designation of any property as lying within 89 the North End Overlay District shall be in addition to, and not in lieu of, the underlying R- 90 5R Residential Resort District classification of such property. All such property shall be 91 subject to the applicable provisions of this section as well as to all other regulations 92 applicable to it, and to the extent that any provision of this section conflicts with any 93 other ordinance or regulation, the provisions of this section shall control. 94 95 (c) Special regulations for development. Permitted uses and structures and 96 dimensional requirements for uses and structures located within the North End Overlay 97 District shall be as specified in Sections 501 and 502, respectively; provided, however, 98 that two single-family dwellings may be located on a single lot if the following standards 99 are met: 100 101 (1) Dimensional requirements generally. Unless otherwise specified 102 herein or in subsection (d), dimensional requirements shall be 103 those applicable to duplex dwellings in the R-5R Residential District 104 jSection 502 (b1)1; 105 106 (2) Building separation. There shall be a minimum separation of 107 sixteen (16) feet between dwellings on the lot. Such space shall be 108 unencumbered by any structures or improvements, other than 109 fences, greater than sixteen (16) inches in height above ground 110 elevation; 111 112 (3) Height. No dwelling shall be greater than thirty-five (35) feet or two 113 and one-half (2-1/2) stories in height, as measured from the lowest 114 grade within six (6) feet of the building perimeter to the highest 115 point of the building. Building walls shall be a maximum of twenty- 116 five (25) feet high, as measured from the lowest grade within six (6) 117 feet of the building perimeter to the primary roof rafter bearing 118 point. Roof dormers, if any, shall conform to the dimensions and 119 design shown on Building Massing Diagram 1 (Figure 1) and Roof 120 Dormer Diagram (Figure 2); 3 I 121 FIGURE 1 BUILDING MASSING DIAGRAM 1a DORMEZONE --,,� R itc RS M AY 8• EXTEND INTO TH$ ZONE / NI 1 1 ETFPNAM w MAIN BUILDING MASSING ZONE EACH COTTAGE M4J6T F*T WITHIN THIS OPP:~AM) UMW CONFORM WITH T!* g y` ROOF ISR WOW ws cv LOWEST GRAVE WHIN;FT or WILD PERIMETER 122 123 124 (4) Garages. Garage walls containing an overhead door facing a 125 public street shall be set back a minimum of six (6) feet from the 126 main wall of the dwelling facing the same street. Garage walls 127 containing an overhead door facing a street shall have a maximum 128 width of thirty per cent (30%) of the lot dimension parallel to the 129 garage door; and 130 131 (5) Parking. Vehicular parking areas shall not be located between the 132 street and the front of the dwelling or porch facing the street, other 133 than at a front-loading garage. To facilitate on-site parking and 134 access to rear- or side-facing garages, one side yard setback may 135 be reduced to a minimum of eight (8) feet, provided that the 136 opposite side yard setback is increased a like amount, such that the 137 total of the two setbacks equals twenty (20) feet. 138 139 Figure 3 (Example Site Diagram A) and Figure 4 (Example Site Diagram B) illustrate the 140 requirements of subdivisions (4) and (5) above. 141 4 I II ii 142 (d) Design incentives. The following deviations from requirements otherwise 143 applicable to property within the North End Overlay District shall be allowed where the 144 dwellings conform to the provisions of subsection (c): 145 146 (1) Bonus porches. One-story, roofed, unenclosed porches may 147 extend a maximum of eight (8) feet into a required front or rear 148 yard, except where a yard faces the Atlantic Ocean. Porch roof 149 rafter bearings shall be a maximum of ten (10) feet above the first 150 story finished floor. A maximum of one hundred-twenty (120) 151 square feet of the floor area of such porches for each of the two 152 dwelling units shall be excluded from the calculation of lot 153 coverage. 154 155 In addition, a maximum of four (4) uncovered stair treads that lead 156 to an unenclosed porch may encroach further into a required yard, 157 provided that the setback from the lowest tread to the nearest 158 property line is a minimum of four (4) feet. 159 160 (2) Bay or bow windows. Bay or bow window elements having a rafter 161 bearing of no more than ten (10) feet above the finished floor may 162 encroach a maximum of eighteen (18) inches into either side yard 163 setback, the front yard and the rear yard; provided, that (i) the total 164 of such setback encroachments shall be no greater than one-third 165 (1/3) of the length of the wall in which the windows are located; and 166 (ii) a minimum side-yard setback of eight (8) feet from the face of 167 the encroaching window is maintained. 168 5 FIGURE 3 EXAMPLE SITE 01.443iRAM A I I. ,;•.`''''.« ./w.c..A... 1 a tin ooaoi trINIPPRIN 0/0111.44f , *WWI lalkIlrellIMIN t: - IV-- r 1 VP MOWN W -- ATS Yr VII 114--iril --0,64‘61- ' kia I 1. 1 t IMMO 4kkii vac 6, ,. . I dll qt moor . WWII 41,4V OW. Iii ove,MOM On e WM LA50.4•6 CAW* tAtt el 1 El It IV I MOO Oniatildlik, I a g ) ........... mu NII fi; Et- I ... 1 1 1 1 imenammuni 0 5 100 20 169 170 171 FIGURE 4 EXAMPLE SITE DAGRAM B I HtlINI.U. l'--tilliii;;124-4r $ 1,--1-2-Y-...-----')' i See vrimimuir4 i rt f , -* , " N. a ...it We VANDSMINCli 4r I IMMO Wit t aiM t A11104*01.1.‘t t to MAL OW I 611.111110 1 If i L I i, , f 1 .111,11 MS.111 1 -,,,,, il a gavaagt N. *OWN* '—jaalir— * 11 it 1 MRCS I WISIKK "." 'I'NMr $ 1 ir a Ti 1 --.........p Ott @ $ , , \ , ,,_...,. . ,,„„„........_ , .4.1 1 , .... ti* i . 1 1 - Ille ail I.* 1 imodmimmili 0 1 10 ft 00 172 173 6 174 COMMENT 175 176 The section sets forth the boundaries and development standards for the North End 177 Overlay District. The standards govern various dimensional standards and set forth design 178 standards that serve as incentives for desired development in the District. The section also includes 179 graphic representations of allowed development. 180 181 182 183 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 184 BEACH, VIRGINIA: 185 186 That the official zoning map of the City of Virginia Beach be, and hereby is, 187 amended to designate the North End Overlay District (NE), as shown on a sheet or 188 series of sheets marked and identified as such, and which have been displayed before 189 the City Council this date and are on file in the Department of Planning. 190 191 COMMENT 192 193 The ordinance amends the zoning map to include the North End Overlay District, 194 designated on the map as "(NE)" following the abbreviation for the underlying R-5R zoning 195 district. 196 197 198 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: 199 200 jcilts: 201 111 PP Y 111 � 202 IOWA tra INN 203 •epartment • 'tanning City Attorney's Office 204 205 206 207 CA-13382 208 September 11, 2015 209 R-9 7 22 October 14, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - NORTH END OVERLAY DISTRICT REQUESTS: A. An Ordinance to Amend and Reordain Sections 102 and 200, and add a new Section 506, of the City Zoning Ordinance, establishing the North End Overlay Ordinance and setting forth Special Regulations for the District. B. An Ordinance to Amend the Official Zoning Map by the Addition of the North End Overlay District. 4 • SUMMARY OF AMENDMENT The proposed zoning amendments create the"North End Overlay District"where a duplex property zoned R-5R—Residential Resort District may be developed with two detached single-family dwellings subject to development standards set forth in the ordinance. There are also incentives allowing reduced setbacks to encourage front porches and bay windows. The amendments do not reduce or eliminate any existing rights, but add this new option. A more detailed summary of the amendments follows: 1. The North End Overlay District is created by the amendments and includes all property zoned R- 5R from 49th Street to 89th Street. The North End Overlay District will be designated on the zoning maps as(NE). The maps are available at the Planning Department and can also be viewed at the Planning Commission public hearing on October 14th. 2. Section 200(g)of the Zoning Ordinance is amended to clarify that two single-family dwellings are permitted on any duplex lot in the R-5R(NE)District in accordance with the new provisions found in Section 506. 3. Unless specified, the standard dimensional requirements for a duplex dwelling in the R-5R Residential Resort District apply. 4. A minimum separation of 16' is required between the two dwellings. This separation requirement applies to any structure or improvement over 16" in height. 5. When this option is used, the maximum height for each home is 35'or 2.5 stories measured from the lowest grade within six feet of the building perimeter to the highest point of the building. Building walls can be up to 25' high. Roof dormers are permitted as shown on the diagram contained in the amendment. CITY OF VIRGINIA BEACH / North End Overlay District Agenda Item 22 Page 1 6. Garage walls with an overhead door facing a street must be set back at least six feet from the main wall of the dwelling and can have a maximum width of 30%of the lot dimension parallel to the garage door. 7. Parking spaces cannot be located between the street and the front of the dwelling or porch facing the street, except in front of the garage. 8. The side yard setback for a duplex dwelling in the R-5R District is 10' per side. To help encourage on-site parking with rear or side-facing garages with the proposed two dwelling option, one side yard setback may be reduced to a minimum of eight feet, provided that the opposite side yard setback is increased by a like amount so that the total of the two setbacks equals 20'. 9. A reduced setback is established for the new option to encourage porches.A one-story, roofed, unenclosed porch may extend eight feet into a required front or rear yard, except facing the Atlantic Ocean. The roof rafter bearings can have a maximum height of 10' above the first story finished floor. In addition, 120 square feet of such porches per dwelling unit can be excluded from the lot coverage calculation. Four uncovered stair treads leading to the unenclosed porch can further encroach up to a 4' setback from a property line. 10. Bay or bow windows with a rafter bearing of no more than 10' above finished floor may encroach up to 18 inches into any setback provided the total encroachment is no more than one-third the length of the wall and a minimum side yard setback of 8'from the window face is maintained. This incentive applies only to the new two detached dwelling unit option. 4 • RECOMMENDATION The North Beach Civic League worked extensively with the City Attorney's Office and the Planning Department on the proposed amendments in order to provide an alternative to duplex development on North End lots zoned R-5R Residential Resort District.The two detached units are more in demand at this time than a standard duplex and with the design requirements and incentives should result in development that is more in keeping with the original character of this Oceanfront neighborhood. The proposed amendments provide a new option allowing two detached dwelling units on a duplex lot and do not change any existing development rights. The amendments are recommended for approval by both the North Beach Civic League and Staff. x 't CITY OF VIRGINIA BEACH / North End O erlay District Agenda Ite" .22 Pae 2 Item#22 City of Virginia Beach A. An Ordinance to Amend and Reordain Sections 102 and 200, and add a new Section 506, of the City Zoning Ordinance, establishing the North End Overlay Ordinance and setting forth Special Regulations for the District. B. An Ordinance to Amend the Official Zoning Map by the Addition of the North End Overlay District. October 14, 2015 CONSENT 1. The North End Overlay District is created by the amendments and includes all property zoned R-5R from 49th Street to 89th Street.The North End Overlay District will be designated on the zoning maps as(NE). The maps are available at the Planning Department. 2. Section 200(g) of the Zoning Ordinance is amended to clarify that two single-family dwellings are permitted on any duplex lot in the R-5R(NE) District in accordance with the new provisions found in Section 506. 3. Unless specified,the standard dimensional requirements for a duplex dwelling in the R-5R Residential Resort District apply. 4. A minimum separation of 16' is required between the two dwellings.This separation requirement applies to any structure or improvement over 16" in height. 5. When this option is used,the maximum height for each home is 35' or 2.5 stories measured from the lowest grade within six feet of the building perimeter to the highest point of the building. Building walls can be up to 25' high. Roof dormers are permitted as shown on the diagram contained in the amendment. 6. Garage walls with an overhead door facing a street must be set back at least six feet from the main wall of the dwelling and can have a maximum width of 30%of the lot dimension parallel to the garage door. 7. Parking spaces cannot be located between the street and the front of the dwelling or porch facing the street, except in front of the garage. 8. The side yard setback for a duplex dwelling in the R-5R District is 10' per side.To help encourage on- site parking with rear or side-facing garages with the proposed two dwelling option,one side yard setback may be reduced to a minimum of eight feet, provided that the opposite side yard setback is increased by a like amount so that the total of the two setbacks equals 20'. 9. A reduced setback is established for the new option to encourage porches.A one-story, roofed, unenclosed porch may extend eight feet into a required front or rear yard,except facing the Atlantic Ocean. The roof rafter bearings can have a maximum height of 10' above the first story finished floor. In addition, 120 square feet of such porches per dwelling unit can be excluded from the lot coverage calculation. Four uncovered stair treads leading to the unenclosed porch can further encroach up to a 4' setback from a property line. Item #22 City of Virginia Beach Page 2 10. Bay or bow windows with a rafter bearing of no more than 10' above finished floor may encroach up to 18 inches into any setback provided the total encroachment is no more than one-third the length of the wall and a minimum side yard setback of 8'from the window face is maintained.This incentive applies only to the new two detached dwelling unit option. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 22. 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 22 by consent. Karen Lasley appeared before the Commission. Frank Reidy 315 Wilder Road • Virginia Beach,VA 23451 Phone:757-428-1239• Fax: 757-428-0146• E-Mail:frank@bioelectrics.net VA Beach Planning Department Attention: Karen Lasley Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach VA 23456 October 6, 2015 Dear Ms. Lasley; I am contacting your office in regards to the correspondence we received dated September 15, 2015 about the North End Overlay District. As a resident of the North End, I am quite concerned about the planned changes. Our neighborhood was originally limited to a single family home per lot but over the course of the last five years, lots have been subdivided resulting in four single family homes on the same foot print where one home previously stood. Not only are these homes changing the look of the neighborhood, as they are thirty-five feet high with only a few feet between them, it has increased an already problematic traffic situation on our street. Between the increased traffic and the non-stop construction work, it is now like driving through an obstacle course creating a hazardous situation if an emergency vehicle needed to get through. I am enclosing some material that I sent to my neighbors several years ago when we saw what was happening with the real estate in our area. I am re-distributing this information to our neighbors, many of whom oppose this proposed amendment as well. Due to other obligations, I am unable to attend the meeting in person on the 14th, but would like my letter and enclo.ed material submitted as opposition to this proposal. Reg. ds, dor— Fra Fra Reidy SIS II I TO THE NEIGHBORS, You can see on the corner of Holly and 52nd Street what will happen if we do not take some control of development in the neighborhood. Adding four "cottages" where a one family house stood is detracting from your real estate value. This developer will add eight cars where there was only one before. 52nd Street has become an obstacle course to drive. I doubt that an ambulance or fire truck could make it in an emergency. The Masury Development Corporation plated the Ubermeer area in 1926 with 6000 to 8500 square foot lots for each house from 51st to 58th Street from the Ocean Front to Holly Road and Tirnanog Cove then called Holly Boulevard. Each of the numbered streets had a 40-foot right of way. 52nd Street was extended in 1935 to Lakeside and thirteen lots were added lettered A through M called Ubermeer Annex No1 [see attached map]. These lots were limited to one house per lot. In 1967 Mrs. Wilder sold her estate to Andreae Hodson who subdivided it into lots numbered one through ten [see attached map]. These lots became Wilder Road, an extension of 52st. In the 80's I remember discussions at the North End Civic League meetings that the older residents at the north end wanted their lots rezoned "Duplex" so that they could get the highest price out of selling the property when they would move on. This might make commercial "cents" but it is ruining the feeling of a neighborhood. The city wants the highest density possible to collect the real estate taxes without much thought to what the neighborhood looks like. We now end up with these 35- foot high ugly boxes with little or no space between them. I propose that we designate 52st a "Single House per Lot Neighborhood" from Atlantic Ave to and including Wilder Road and get the city to mark a right of way for permanent traffic access. I will circulate a petition to see if we have a consensus in January 2012. This memo is meant to get some discussion going. Frank Reidy I II i Mr. Martin DeHaan 509 Wilder Road Virginia Beach, VA 23451 VA Beach Planning Department Attention: Karen Lasley Municipal Center Building 2, Room 115 2405 Courthouse Drive October 8, 2015 Virginia Beach VA 23456 Dear Ms. Lasley; I am contacting your office in regards to the correspondence I received dated September 15, 2015 about the North End Overlay District. As a resident of the North End, I am concerned about the proposed amendments. My neighborhood was originally designed with single-family homes, one per lot. Over the course of the last five plus years, as older neighbors sell their homes, their lots have been subdivided. Now instead of a single home, the lot contains up to four single-family homes in the same footprint. Not only are these homes changibung the look of the neighborhood, as they are not stylistically the same as the surrounding homes, lt within feet of each other. Fifty-second Street is very narrow which has always created traffic issues. Now, with increased traffic, due to the larger number of vehicles from four homes vs. one home per lot and the non-stop construction work, it is an obstacle course. I am also concerned about the ability of fire and rescue vehicles to navigate through safely. I am enclosing some material that I received from my neighbor several years ago when we saw what was happening with the real estate in our area. I support his desire to maintain our neighborhood as a "Single House per Lot" designation. Due to other obligations, I am unable to attend the meeting in person on the 14th, but would like my letter and enclosed material submitted as opposition to this proposal. Regards, Martin DeHaan K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION lid L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT � III i i 2015 CITY COUNCIL MEETINGS November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informal/Formal Sessions 2015 CITY HOLIDAYS Thursday,November 26 Thanksgiving Day Friday,November 27 Day After Thanksgiving Thursday, December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/03/2015 1' ° c I I A - ✓ 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 , O R EE ENSNMI 00 T R Y S E S DSNND CITY COUNCIL'S BRIEFING Douglas Smith,Deputy A.OCEANFRONT FITNESS PARK City Manager Luke Hillier, Founder and President of Hillier Ignite B.ASSESSMENT/COUNTER PROPOSAL John D.Moss, ON THE PROPOSED CITY COUNCIL Councilman—At- POLICY RE CONSTITUTIONAL Large OFFICER COMPENSATION PROCESS II CITY MANAGER'S BRIEFING A, TOURISM DEVELOPMENT Douglas Smith,Deputy FINANCING PROGRAM City Manager A 11I/IV/V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y B Y Y Y Y Y Y Y Y Y VI.A-E SESSION S E N T A F/G MINUTES APPROVED 10-0 Y B Y Y Y Y Y Y Y Y Y October 20,2015 5 E N T H. MAYOR'S PRESENTATIONS Lee Lockamy, 1. PROCLAMATION: NATIVE Nansemond Indian AMERICAN HERITAGE Tribe Council 1. PUBLIC HEARING 1. Proposed Lease of City-owned Property No Speakers at Indian River/North Landing Road - Land of Promise Farms J.1 Ordinance to AMEND Section 35-159 of ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y the City Code re TAX ON TRANSIENTS/ CONSENT B lodging S E N T Ordinance to AMEND ORD-3326B to ADOPTED,BY 9-0 Y A Y Y Y Y Y A Y Y Y 2. MODIFY the terms of the Lease with CONSENT B s Virginia Beach Professional Baseball at S T Princess Anne Commons re baseball E A complex N 1N T E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/03/2015 i> ,+ c: I 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A 0 0 OR S 0 R E E EN S NM I 00 T R Y S E S DSNND 3 Ordinance to AUTHORIZE the City ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y Manager to EXECUTE: CONSENT B S a.Lease of City-owned Farm Land at Indian E River/North Landing Road re Land of N Promise Farms with proceeds of$17,000 T b.Amendment to the Purchase Agreement ADOPTED,BY 9-1 Y A Y Y Y N Y Y Y Y Y between S.L.Nusbaum Realty the City CONSENT B sale of City-owned property Princess S Anne/Witchduck Roads E N T 4. Ordinances to AUTHORIZE temporary ADOPTED,BY 9-0 Y A Y Y Y Y Y A Y Y Y encroachments into portions of City- CONSENT B B owned properties at: S S a.Treasure Canal at 2008 Compass Circle E T re a bulkhead and boatlift N A DISTRICT 5—LYNNHAVEN T I N b.Sand Broad Inlet at the rear of 345 E Tuna Lane re a bulkhead and backfill D DISTRICT 7—PRINCESS ANNE 5. Ordinances to ACCEPT/ ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATE funds from FEMA re CONSENT B Task Force 2 S a.$1,273,582 re personnel costs/ E equipment/supplies/facility leasing/ N training/travel T b.$1,700.000 re expenses re activation/mobilization/deployment/ demobilization re Hurricane Joaquin Ordinances to ACCEPT/ 6. APPROPRIATE/TRANSFER: ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y a. $107,250 from Homeland Security re CONSENT B Police Marine Patrol S E b. $ 28,000 from the City Garage N Internal Fund T c.$ 7,750 from the DEA Seized Assets Special Revenue d.$ 38,227 from Va Behavioral Health/ Developmental Services K. 1.PI TELECOM APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y INFRASTRUCTURE T,LLC and CONDITIONED,BY B JSW HOLDINGS,LLC CUP re CONSENT,AS S monopole communication tower at AMENDED E 2824 Princess Anne Road N DISTRICT 7—PRINCESS ANNE T CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/03/2015 P <+ g; 12 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOK MMS H L W O Y L N A O O O R S 0 R E E EN SNM 100 T R Y S E S DSNND L APPOINTMENTS 10-0 Y A Y Y Y Y Y Y Y Y Y BEACHES and WATERWAYS RESCHEDULED BY ADVISORY COMMISSION CONSENSUS E BIKEWAYS and TRAILS ADVISORY N COMMITTEE T BOARD OF BUILDING CODE APPEALS- PLUMBING/MECHANICAL PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA(ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION A ARTS and HUMANTITIES 10-0 Y B Y Y Y Y Y Y Y Y Y COMMISSION S Appointed: E Unexpired term thru 6/30/2017 N Brenda J.Roberts T A BOARD OF ZONING APPEALS 10-0 Y B Y Y Y Y Y Y Y Y Y Reappointed:5 Year Term S 01/01/2016-12/31/2020 E Richard E.Garriott,Jr. N T CHESAPEAKE BAY PRESERVATION 10-0 Y A Y Y Y Y Y Y Y Y Y AREA BOARD B Appointed:3 Year Term S 01/01/2016—12/31/2018 E Wayne McCoy N Reappointed: T Richard G.Poole COMMUNITY SERVICES BOARD— 10-0 Y A Y Y Y Y Y Y Y Y Y CSB B Reappointed:3 Year Term S 01/01/2016—12/31/2018 E Diana G.Ruchelman N T GREEN RIBBON COMMITTEE Reappointed: 1 Year Term 10-0 Y A Y Y Y Y Y Y Y Y Y 11/01/2015—10/31/2016 B William D.Almond S Jason Barney E June Barrett McDaniels N R.Edward Bourdon,Jr. T Joshua D.Clark Jeanne Evans-Cox Christy Everett Karen Forget Kenneth D.Jobe Wayne McCoy Robert S.Miller John Olivieri Emily Steinhilber CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/03/2015 1' r: ;r, t 13 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS H L W O Y L N A O O O R S 0 R EE ENS NM I 00 T R Y S E S DSNND A HEALTH SERVICES ADVISORY 10-0 Y B Y Y Y Y Y Y Y Y Y BOARD S Reappointed:3 Year Term E 01/01/2016-12/31/2018 N Paige Crunk T A HISTORIC PRESERVATION 10—0 Y B Y Y Y Y Y Y Y Y Y COMMISSION S Appointed:3 Year Term E 01/01/2016—12/31/2018 N Jim Jordon T Reappointed: William Gambrell Katherine Yester A HISTORICAL REVIEW BOARD 10-0 Y B Y Y Y Y Y Y Y Y Y Reappointed:3 Year Term— S 11/01/2015—10/31/2018 E Lynn W.Carwell N Mary Anne Schmidt T Walter A.Whitehurst A PLANNING COMMISSION 10-0 Y B Y Y Y Y Y Y Y Y Y Appointed:4 Year Term S 01/01/2016—12/31/2019 E Donald H.Horsley N Reappointed: T Ronald C.Ripley Jan Rucinski A RESORT ADVISORY COMMISSION 10-0 Y B Y Y Y Y Y Y Y Y Y (RAC) S Reappointed:3 Year Term E 01/01/2016—12/31/2018 N Thomas C.Brown T Nancy Creece John J.Hawa CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 11/03/2015 14 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS HL W O Y L N A O O O R S 0 R EE EN S NM 100 T R Y S E S DS NND A SENIOR SERVICES OF 10-0 Y B Y Y Y Y Y Y Y Y Y SOUTHEASTERN VIRGINIA S Reappointed:2 Year Term E 01/01/2016—12/31/2017 N Michael Aschkenas T WETLANDS BOARD A Reappointed:5 Year Term 10-0 Y B Y Y Y Y Y Y Y Y Y 10/01/2015—09/30/2020 S Nancy L.Lowe—Alternate E N T A WORKFORCE HOUSING ADVISORY 10-0 Y B Y Y Y Y Y Y Y Y Y BOARD S Reappointed:4 Year Term E 10/01/2015—09/30/2019 N Cheryl Davidson T M/N/O ADJOURNMENT 6:16 PM No speakers 2015 CITY COUNCIL MEETINGS November 10,2015 Workshop November 17,2015 Informal/Formal Sessions November 24,2015 Workshop December 1,2015 Informal/Formal Sessions December 8,2015 Informal/Formal Sessions 2015 CITY HOLIDAYS Wednesday,November 11 Veterans Day Thursday,November 26 Thanksgiving Day Friday,November 27 Day After Thanksgiving Thursday,December 24 Christmas Eve(half-day) Friday,December 25 Christmas Day