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HomeMy WebLinkAboutFEBRUARY 2, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �ruA sFgc MAYOR WILLIAM D.SESSOMS,JR.,At-Large Jt� - VICE MAYOR LOUIS R.JONES,Bayside District 4 p4Y M.BENJAMIN DAVENPORT,At Large >-•': ROBERT M.DYER,Centerville-District 1 BARBARA HENLEY,Princess Anne-District 7 U SHANNON DS KANE,Rose Hall-District 3 " .'w •/ JOHN D.MOSS,At Large +,-° � 1 AMELIA ROSS-HAMMOND,Kempsville-District 2 ' ° � 0p 011R(N At\0M JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-DAVID L.HANSEN ONE:(757)385-4303 CITY ATTORNEYMARK D.STILES CITY COUNCIL AGENDA PHFAX(757)385-5669 CITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR-LYNDONS.REMIAS 2 February 2016 E-MAIL:Ctycncl@vbgov.com erua CITY CLERK-RUTH HODGES FRASER,MMC ry MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Amma Guerrier, Chair II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director—Finance B. TRANSIT ORIENTED DEVELOPMENT - Case Studies Brian Solis, Interim SGA Manager/Transportation Planning Manager C. CITY SERVICES MONTHLY BILLING/AUTOMATED METER READING Thomas Leahy, Director—Public Utilities III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION li VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Rachid Khould, Imam Crescent Community C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 19, 2016 2. SPECIAL FORMAL SESSION January 26, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the FY 2015-16 Operating Budget for the Community Development Block (CDBG) Grant and HOME Programs 2. Resolution to AUTHORIZE and DIRECT City Manager to EXECUTE: a. Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program (ARP) easements. b. Memorandum of Agreement for construction and dedication of two (2) community signs to be installed in the median of Atlantic Avenue at 83rd and 42 '/2 Streets 3. Resolution to AUTHORIZE establishment of Lifecare Medical Transports, Inc. in Virginia Beach and to AUTHORIZE an annual EMS Permit for providing private ambulance services 4. Ordinances to ACCEPT and APPROPRIATE: a. $ 2,500.00 Grant from Wal-Mart for the Virginia Beach Community Emergency Response Team b. $11,250.00 Grant to Housing and Neighborhood Preservation with AUTHORIZATION for a local match re AmeriCorps VISTA c. $19,332.00 re survey and study of dams and impoundments d. $995,000.00 from VDOT for primary extension paving I. PLANNING 1. JOHN FINGUERRA for Subdivision Variance to 4.4 (b) of the Subdivision Regulations at 1109 Rose Lane DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. JESS STEVENSON/ST. NICHOLAS CATHOLIC CHURCH for Conditional Use Permit re outdoor recreation at 712 Little Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. DANIELLE GOOD/STEVE DEGNER MAGNATE PROP, LLC for Conditional Use Permit re a Vocational School and Tattoo Parlor at 3824 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH TRAVEL SOCCER INC/COLONIAL SELF-STORAGE LP for a Conditional Use Permit re indoor recreation on the North side of Buckner Boulevard, West of Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC for Conditional Use Permit re a Tattoo Parlor at 2135 General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands RECOMMENDATION: APPROVAL I I J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 i I 2016 CITY COUNCIL MEETINGS Tuesday, February 9 Workshop Tuesday, February 16 Formal Session Tuesday, February 23 Workshop Tuesday,March 1 Formal Session Tuesday, March 8 Workshop 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 02/02/16 jb li I I MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:30 PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Amma Guerrier, Chair II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director—Finance B. TRANSIT ORIENTED DEVELOPMENT - Case Studies Brian Solis, Interim SGA Manager/Transportation Planning Manager C. CITY SERVICES MONTHLY BILLING/AUTOMATED METER READING Thomas Leahy, Director—Public Utilities III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW II I VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Rachid Khould, Imam Crescent Community C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 19, 2016 2. SPECIAL FORMAL SESSION January 26, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the FY 2015-16 Operating Budget for the Community Development Block (CDBG) Grant and HOME Programs 2. Resolution to AUTHORIZE and DIRECT City Manager to EXECUTE: a. Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City regarding the purchase of Agricultural Reserve Program (ARP) easements. b. Memorandum of Agreement for construction and dedication of two (2) community signs to be installed in the median of Atlantic Avenue at 83`d and 42 '/2 Streets 3. Resolution to AUTHORIZE establishment of Lifecare Medical Transports, Inc. in Virginia Beach and to AUTHORIZE an annual EMS Permit for providing private ambulance services 4. Ordinances to ACCEPT and APPROPRIATE: a. $ 2,500.00 Grant from Wal-Mart for the Virginia Beach Community Emergency Response Team b. $11,250.00 Grant to Housing and Neighborhood Preservation with AUTHORIZATION for a local match re AmeriCorps VISTA c. $19,332.00 re survey and study of dams and impoundments d. $995,000.00 from VDOT for primary extension paving I'I I I c ivZ ` 1 V % `i Z i". LLtw CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend the FY 2015-16 Operating Budget for the Community Development Block Grant Program and the HOME Program MEETING DATE: February 2, 2016 • Background: The Department of Housing and Neighborhood Preservation (DHNP) is requesting to reduce appropriations related to FY 2014-15 revenues for Community Development Block Grants and the HOME Program. Community Development Block Grants and the Home Program are segregated in the City Budget to funds 181 and 182, respectfully. As federally-backed grant programs, the appropriations for such programs are ongoing, so unrealized revenue in FY2014-15 requires a realignment in the current fiscal year budget. • Considerations: Based upon final FY 2014-15 financial statements, DHNP realized program revenue for the Community Development Block Grant was $12,378 less than appropriated and the HOME programs were $28,919 less than appropriated. Therefore appropriations need to be reduced by $41,297 to match actual receipts. • Public Information: Public information will be coordinated through the regular Council agenda notification process. • Recommendations: Approval of attached ordinance. • Attachments: Ordinance Recommended Action: Approval 11 Submitting De• •rtment: Department i) -`l, .nd Neighborhood Preservation 1 City Manager: 6i I I I 1 AN ORDINANCE TO AMEND THE FY 2015-16 2 OPERATING BUDGET FOR THE COMMUNITY 3 DEVELOPMENT BLOCK GRANT PROGRAM AND THE 4 HOME PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. Revenues and appropriations for the Community Development Block 10 Grant Program are hereby reduced by $12,378; and 11 12 2. Revenues and appropriations for the HOME Program are hereby reduced 13 by $28,919. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 16 of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ ABudget and Management Servic: City At rn; s office CA13558 R-1 January 20, 2016 [ c V 1y) 4.vs.=. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: February 2, 2016 • Background: In 2015, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $411,890.87, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014 and February 24, 2015. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. ■ Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of$411,890.87. • Public Information: No special advertising is required. • Recommendations: Adoption of Resolution i 1 1 • Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Agriculture Department D City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,316.34 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 665 of the 2015 Acts of 20 Assembly, has appropriated $1,750,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $411,890.87, for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2015 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2015, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2016. Approved as to Content: Approved as to Legal Sufficiency: ge.MIA:h? 64,td Dept. of Agriculture City Attorney CA13481 R-1 January 21, 2016 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of$1,322,129.33 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1/24/12 - 110,952.46 1/22/13 - 160,715.64 3/11/14 - 149,678.46 2/24/15 - 286,983.46 The City is now eligible to receive an additional $411,890.87 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $411,890.87 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees i I I Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2015 through December 31, 2017). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 ((((��'OO Num 1 ```yam„,... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement for the Construction, and Dedication of Two Community Signs to be Installed in the Median of Atlantic Avenue at 83rd Street and 42 1/2 Street MEETING DATE: February 2, 2016 Background: The North Virginia Beach Civic League is a non-stock, non-profit corporation (the "NVBCL") that has proposed to construct and dedicate two community signs in the median of Atlantic Avenue at 83rd and 42 '/2 Streets to welcome citizens and tourists to the North End Community. To provide for the construction, and dedication of the signs the NVBCL has proposed a Memorandum of Agreement ("MOA"). As provided in the MOA, the NVBCL will construct and install the signs and landscaping (shown in the attached Exhibit A). The attached Exhibit B provides the potential location of the signs, subject to the approval of the Department of Public Works. • Considerations: The attached MOA addresses the construction, and dedication of the signs (a summary is attached to this item as Exhibit C). The MOA provides access to City property for the NVBCL for the construction related to the signs. The NVBCL shall dedicate the signs to the City after their completion, and the City, at its sole discretion, shall be responsible for maintenance. This Resolution was adopted on November 12, 2013 with a completion date in the MOA of November 12, 2014. The revised MOA has a completion date of November 12, 2016. • Public Information: This item will be advertised as part of the normal Council agenda process. • Recommendations: Approval of the attached Resolution. • Attachments: Resolution, Exhibit A ("Preliminary Design Concepts NVBCL Neighborhood Entry Signs"), Exhibit B (Topographic Surveys), Exhibit C ("Summary of Material Terms of the MOA") Recommended Action: Approval Submitting De10,- ► I - ,ency: Public Works 1's City Manager: &. i I 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT FOR THE 3 CONSTRUCTION, AND DEDICATION OF TWO 4 COMMUNITY SIGNS TO BE INSTALLED IN THE 5 MEDIAN OF ATLANTIC AVENUE AT 83RD STREET 6 AND 42 '/2 STREET 7 8 WHEREAS, the North Virginia Beach Civic League (the "NVBCL") desires to 9 erect two neighborhood identification signs welcoming citizens and tourists to the North 10 End Community; and 11 12 WHEREAS, the City of Virginia Beach ("City") owns real property in the median 13 of Atlantic Avenue at 83rd Street and 42 1/2 Street that would be suitable locations for 14 such signs; and 15 16 WHEREAS, the NVBCL and the City wish to enter into a Memorandum of 17 Agreement ("MOA") to provide for the construction, and dedication of two neighborhood 18 Identification signs and appropriate landscaping, a copy of a rendering of the signs is 19 attached hereto as Exhibit A; and 20 21 WHEREAS, the signs will be placed in the median of Atlantic Avenue at 83`d and 22 42 1/2 Streets as coordinated with the Department of Public Works, a copy of a 23 topographical survey of the intersections and potential sign placement is attached 24 hereto as Exhibit B; and 25 26 WHEREAS, the MOA provides for the NVBCL to dedicate the signs to the City 27 after they have has been constructed; and 28 29 WHEREAS, a Resolution was adopted on November 12, 2013 authorizing the 30 City Manager to execute a MOA for the signs described above; and 31 32 WHEREAS, the NVBCL has recently decided to proceed with the execution of 33 the MOA, and the construction of the signs; and 34 35 WHEREAS, the MOA approved on November 12, 2013 required the construction 36 and installation to be complete by November 12, 2014; and 37 38 WHEREAS, the completion date has already passed, and a new completion date 39 of November 12, 2016 is required. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA, THAT: 43 44 The City Manager is hereby authorized to execute a MOA between the City and 45 the NVBCL to provide for the construction, and dedication of the North Virginia Beach 46 neighborhood identification signs, a summary of material terms of the MOA is attached 47 hereto as Exhibit C and incorporated herein. 48 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. 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I C I c I 4 1 a I 6 I 01 EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF AGREEMENT ("MOA") PARTIES NORTH VIRGINIA BEACH CIVIC LEAGUE (the "NVBCL") CITY OF VIRGINIA BEACH (the "City") PURPOSE Construction, and dedication of two community signs, welcoming citizens and tourists to North Virginia Beach in the median of Atlantic Avenue at 83rd and 42 '/ Streets. ATTACHMENTS Exhibit A: rendering of the signs Exhibit B: proposed locations TERMS The NVBCL and its contractors and subcontractors are required to have insurance at all times during construction. The NVBCL will indemnify and hold harmless the City for any actions or omissions on the part of the NVBCL or any of its agents, contractors, subcontractors, and employees during such construction. The MOA provides for the dedication of the signs after completion. After dedication the City at its sole discretion shall be responsible for any maintenance and repair. The median locations will be available to the NVBCL for construction and installation activities of the signs. The NVBCL will allow access during construction and installation of the signs at any reasonable time to the City, its agents, or employees. The improvements to City property include the two signs and appropriate landscaping. The NVBCL will not do any act or permit any action to be taken that would result in a lien being placed upon the location of the signs. The MOA contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. The installation of the signs shall be completed by November 12, 2016. i' I ili' MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into this day of 2015, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("the City") and the NORTH VIRGINIA BEACH CIVIC LEAGUE, a non-profit, non-stock corporation ("NVBCL") (collectively referred to as the "Parties"). AGREEMENT The Parties to this MOA, for and in consideration of the mutual efforts to promote and support the construction and installation of a community sign for North Virginia Beach agree as follows: Section 1: Term This MOA shall be in effect from the date stated above and shall continue in effect until the MOA is dissolved by mutual, written agreement of the Parties. Section 2: NVBCL Obligations 1. Sign Design and Construction/Permits/Insurance: At its sole cost and expense, the NVBCL shall be responsible for the design, construction and installation of two (2) community signs for the North Virginia Beach community. The monument signs, as shown on Exhibit A attached hereto, will be approximately 77 inches tall and 72 inches wide and will be one-sided. "Welcome North End A Neighborhood since 1917" will be the lettering on both signs. The NVBCL or its contractor shall construct and install the signs upon public property, the medians at 83rd Street and Atlantic Avenue and 42 '/2 Street and Atlantic Avenue, as shown on Exhibit B attached hereto and made a part hereof. The NVBCL shall diligently pursue the construction and installation of the signs to completion by November 12, 2016. The NVBCL shall secure all necessary permits required by federal, state, or local Statutes, ordinances, and regulations now in effect and hereafter adopted (prior to the date of dedication), to construct and install the signs. The NVBCL shall ensure that its general contractor and all subcontractors secure commercial liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. A certificate of insurance evidencing such coverage shall be delivered to the City prior to the commencement of any work on the city medians. 2. Sign Design Review and Approval Process: Prior to the construction and installation of the signs, the NVBCL shall submit all specifications, designs, plans, and construction schedule of the signs for review and approval by the City. The City Council has received the attached Exhibit A and B showing the design and location of the signs at its meeting on November 12, 2013. ii I il ' 3. Sign Dedication/Maintenance: The NVBCL shall dedicate the signs to the City upon completion thereof and acceptance by the City. Section 3: City Obligations 1. The Premises: The City will make available the median of Atlantic Avenue to the NVBCL for construction and installation of the signs. 2. City Coordination: Upon the completion and dedication of the signs, the City shall have the exclusive use of City Property, including all maintenance, which shall be at the sole discretion of the City. 3. City Obligations Regarding the Premises: The City Department of Public Works shall have the final determination as to the location of the signs in regard to appropriate safety and health concerns. Prior to installation of the signs, Public Works shall provide instructions in writing as to the appropriate locations. Section 4: Inspection and Access The City, its agents, and employees shall have the right to enter upon the median of Atlantic Avenue at any reasonable time, with or without notice to the NVBCL, during construction and installation for the purpose of inspection. After construction and dedication, the NVBCL shall have no further rights in the median beyond those of a resident. Section 5: Liens Against the Premises The NVBCL agrees to do or permit no act that will cause a lien of any nature to be placed upon the property, and further agrees to require its general contractor to indemnify the City for any and all liabilities incurred by the NVBCL, or its agents, employees, contractors, subcontractors, and consultants. Evidence of this indemnity shall be provided to the City prior to the commencement of any work on the premises. This provision shall survive the expiration or termination of this MOA. Section 6: Non-Assignment The NVBCL shall not assign its rights and obligations under this MOA without the written consent of the City. Section 7: Applicable Law/Venue 1. Applicable Law: This MOA shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance, or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this MOA shall be deemed to have been delivered and accepted by the Parties in the Commonwealth of Virginia. 2 2. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this MOA shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 8: Hold Harmless/Indemnification The NVBCL shall assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of NVBCL, its general contractor, and its subcontractors, agents or employees under or in connection with the construction and installation of the signs and any associated enhancements. The NVBCL shall indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with the construction and installation of the signs and its associated enhancements. Upon written demand by the City, the NVBCL shall assume and defend, at its sole expense, any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials. Evidence of this indemnity shall be provided to the City prior to the commencement of any work on the signs. Section 9: Notice Any notice or notices required or permitted to be given pursuant to this MOA shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: City of Virginia Beach Attn: Public Works-Real Estate Building 2, Municipal Center Virginia Beach, Virginia, 23456 To the NVBCL: President North Virginia Beach Civic League Virginia Beach, VA 234 Section 10: Termination/Cancellation If the NVBCL shall breach any of the provisions of this MOA or fails to complete the construction and installation of the signs by November 12, 2016, and such breach is not cured by the NVBCL within 30 days of delivery or mailing to it of written notice of breach by the City, the City shall have the right to terminate this MOA. Such termination shall be effective upon the mailing or delivery to the NVBCL of notice of termination. In the event the City terminates this MOA, the NVBCL shall cease all activities associated with the construction and installation of the signs and shall surrender the medians to the City in as good condition and repair as at the commencement of the term of this MOA. In addition to any other remedies available to the City at law or in equity, the City shall have the right to reenter the medians to exercise any of its rights and remedies. The City's exercise of any of its remedies shall be cumulative. 3 Section 11: Independent Contractors In performance of this MOA, both the City and the NVBCL will be acting in an individual capacity and not as agents, employees, partners, or joint venturers or associates of one another. The agents or employees of one shall not be construed to be agents or employees of the other. The City shall have no liability with respect to any financial obligations incurred by the NVBCL. Section 12: Force Majeure The NVBCL shall not be obligated to perform hereunder or be in breach if performance is prevented by fire, earthquake, flood, high-winds, act of God, failure of utilities, riot, civil commotion, acts of terrorism or other occurrences of like nature, and law, ordinance, rule, regulation, or order of any public or military authority. The NVBCL shall not be deemed to be in breach to the extent its performance or that of its contractors, subcontractors, agents or consultants is prevented by strikes or labor disputes other than strikes and labor disputes between the NVBCL and its own employees or its contractors, subcontractors, agents or consultants and their respective employees. Further, provided, that this provision shall not excuse performance where an alternate supply of products, labor, or services is available. Section 13: Entire Agreement The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this MOA, except in writing, executed by the authorized representatives of the City and the NVBCL. The terms and provisions of this MOA shall be binding upon and will inure to the benefit of the parties, their respective successors and assigns. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: [SIGNATURES ON FOLLOWING PAGE] 4 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. Date: , 2013 North Virginia Beach Civic League: By: Title: Date: , 2013 City of Virginia Beach: By: City Manager/Authorized Designee Approved as to Content: Public Works Approved as to Risk Management: Office of Risk Management Approved as to Legal Sufficiency: City Attorney's Office 5 C7�,,lN'c I* A BEAD+ CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Approve Establishment of Lifecare Medical Transports Inc. in Virginia Beach and to Approve an Annual EMS Permits for Providing Private Ambulance Services MEETING DATE: February 2, 2016 • 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 a permit authorizing its operation. The permit may only be granted by City Council. • Considerations: Lifecare Medical Transports Inc.'s application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of the establishment and operation of Lifecare Medical Transports Inc. 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, the permit shall be effective immediately and until June 30, 2017. The City Code, as amended in 2015, provides that permits shall be valid until June 30th the calendar year after issuance. If each 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 in June of the relevant year. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. mmended Action: Approval Submitting Dea ti, - . , gency: Department of Emergency Medical Services City Manager:w24‘._ 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 LIFECARE MEDICAL TRANSPORTS INC. IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Lifecare Medical Transports Inc.; and 17 18 WHEREAS, the request and application has been recommended for approval by the 19 Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Lifecare Medical Transports Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an EMS 31 permit for providing private EMS ambulance services in the City of Virginia Beach is hereby 32 approved and granted, effective immediately and until June 30, 2017. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7(Afteti e E`m_ Y 9er enc Medical Services City Attorney Office CA13554 R-1 January 11, 2016 i' S ;Q 5 IL*1t°t .,titl .d`Ji CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Accept and Appropriate a Grant for the Virginia Beach Community Emergency Response Team MEETING DATE: February 2, 2016 • Background: The Virginia Beach Community Emergency Response Team (VBCERT), a division of the Fire Department, has received a grant of $2,500 from Walmart. In previous years, grant funding from the Virginia Department of Emergency Management was available for CERT programs to support the activities of VBCERT. However, since 2013 these grant opportunities have ceased to exist. The VBCERT team actively solicits donations for the program from local businesses in order for VBCERT to continue to operate in the absence of state or federal grant availability. • Considerations: The VBCERT program educates citizens about disaster preparedness for hazards that may impact their area. The program offers training in basic disaster response skills, such as fire safety, light search and rescue, team organization and disaster medical operations. Using the training learned in the classroom and during exercises, VBCERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. VBCERT members also are encouraged to support our emergency response agencies by taking a more active role in emergency preparedness projects in their community. These funds will be used to support VBCERT by paying for required background checks for volunteers as well as overtime for Fire personnel and instructors. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting De. . mink- ' gency: Fire Department 266,1, City Manager: 96M 6 M 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT FOR THE VIRGINIA BEACH COMMUNITY 3 EMERGENCY RESPONSE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A grant of $2,500 from Walmart is hereby accepted and appropriated, with 9 estimated revenues from donations increased accordingly, to the FY 2015-16 Operating 10 Budget of the Fire Department for the purposes of supporting the Virginia Beach 11 Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A t• CA13557 R-1 January 20, 2016 t CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds to the Department of Housing and Neighborhood Preservation and to Authorized a Local Grant Match MEETING DATE: February 2, 2016 • Background: The Department of Housing and Neighborhood Preservation (DHNP) in conjunction with state, national and service provider partners across Virginia are working to reduce and end homelessness. A part of this is done through transitioning to proven solutions, evidence based best practices and enhancing the homelessness response system to meet the needs of Virginia residents. The AmeriCorps VISTA Project is one of the initiatives that provides the human capital necessary to support homelessness response. The VISTA Project engages members, who are generally young adults that commit to a one-year program within a host, such as DHNP, and are paid a stipend from a federal agency, such as the Corporation for National and Community Service. VISTA members help local partners to achieve greater impact for their clients who are experiencing homelessness or are at risk of homelessness. • Considerations: The host site direct cost to obtain a VISTA member for a year is $15,000. The DHNP has been notified that the Virginia Housing Development Authority will provide a grant to the City in the amount of $11,250 to obtain a VISTA member. The Department will provide the required match of$3,750. If approved, this grant will help achieve goals of the DHNP as well as City Council concerning housing and our City's homeless. • Public Information: Public information will be coordinated through the regular Council agenda notification process. • Recommendations: Approval of attached ordinance. • Attachments: Ordinance Recommended Action: Approval , / Submitting De rtment: Department if 0 ir. t 1; I , 'neighborhood Preservation City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION AND TO AUTHORIZE 4 A LOCAL GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $11,250 is hereby accepted from the Virginia Housing Development 10 Authority and appropriated, with state revenues increased accordingly, to the 11 Department of Housing and Neighborhood Preservation (DHNP) to be used in 12 furtherance of the AmeriCorps VISTA Program including costs associated with hosting a 13 VISTA member within DHNP; and 14 15 2. A local grant match of $3,750 is authorized within existing appropriations 16 in the FY2016 Operating Budget of DHNP. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j3cul Budget and Management Servic s City A ' sffice CA13559 R-1 January 20, 2016 II 1 i rr�..�, 'N t y� taR". 1-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Survey and Study of Dams and Impoundments MEETING DATE: February 2, 2016 • Background: In 2002, Virginia Dam Safety Regulations were adopted stating any dam 6' in height impounding 50 acre-feet or more of water or 25' in height impounding 15 acre-feet or more of water will be regulated by the Virginia Department of Conservation and Recreation (VA DCR). To accurately determine regulatory status of the 58 impounds in the City, a survey and study needs to be performed for each dam or impoundment. The VA DCR Dam Safety, Flood Prevention, and Protection Assistance Fund aids dam owners in the effort to determine the regulatory status as well as bringing dams into compliance with State regulations. The City received $19,332 grant in State allocations for the following structures: Total Project State Local Match Cost Allocations Point-O-View Lake $6,113 $3,056 $3,057 Lake Holly $9,459 $4,774 $4,685 Pembroke Meadows Lake $7,065 $3,532 $3,533 Great Neck Lake at S. Twin Lake $7,917 $3,985 $3,932 East Lake Pembroke $7,971 $3,985 $3,986 Total $38,525 $19,332 $19,193 • Considerations: These projects are included in the Lake Management Phase II program (CIP 7-415). There is sufficient local funding in CIP 7-415 to satisfy the required match. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval ::::: e91rihc Work a it 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR SURVEY AND STUDY OF DAMS AND 3 IMPOUNDMENTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $19,332 is hereby accepted from the Virginia Department of Conservation and 9 Recreation and appropriated, with state revenues increased accordingly, to Capital 10 Project # 7-415, Lake Management Phase II, to survey and study dams and 11 impoundments within the City. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 14 , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (�• rC (,„ .1\f,1 � t Bu get and Management Services , City is CA13556 R-1 January 20, 2016 ii IIII *i, fie.) . ,,,,{ , ` [ SEA/ / CITY OF VIRGINIA BEACH AGENDA ITEM ,J ITEM: An Ordinance to Accept and Appropriate Funds for Primary Extension Paving MEETING DATE: February 2, 2016 • Background: The Commonwealth Transportation Board (CTB) established the Primary Extension Paving Program to distribute funds available to the CTB, CTB formula funds, to localities that maintain their own primary extension roads. This source of funds is not a grant program, and funds are only available on a reimbursement basis. The City applications were approved for paving funds totaling $1,000,000. The following road segments received funding: • Northampton Blvd., northbound from Diamond Springs Rd. to Shell Rd. - $210,000 • Northampton Blvd., southbound from Shore Dr. to Independence Blvd. - $166,000 • Northampton Blvd., southbound from Independence Blvd. to Diamond Springs Rd. - $428,000 • N. Great Neck Rd., northbound from Falcon Cres. to Green Hill Rd. - $93,000 • N. Great Neck Rd., northbound from Green Hill Rd. to Adam Keeling Rd. - $103,000 After VDOT's administration fees ($1,000 per funded project), the City will be reimbursed $995,000. The total paving cost is $2,765,000, and the amounts not reimbursed by the CTB are provided in the amount provided to Public Works in its budget as part of the Public Works' paving plan. • Considerations: If approved, the $995,000 will be applied by the Public Works to the identified paving projects, and such funds will reimburse a portion of the costs associated with the paving of these primary routes. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De. . 4 ment/Agency: Public Works4 City Manager: ,.-.0.1.•4....,' r I IIII 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR PRIMARY EXTENSION PAVING 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $995,000 is hereby accepted from the Virginia Department of Transportation and 8 appropriated, with state revenue increased accordingly, to the FY 2015-16 Operating 9 Budget of the Department of Public works for primary extension paving. 10 11 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Serv' es y Att ey' Office CA13555 R-1 January 20, 2016 I. PLANNING 1. JOHN FINGUERRA for Subdivision Variance to 4.4 (b) of the Subdivision Regulations at 1109 Rose Lane DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. JESS STEVENSON/ST. NICHOLAS CATHOLIC CHURCH for Conditional Use Permit re outdoor recreation at 712 Little Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. DANIELLE GOOD/STEVE DEGNER MAGNATE PROP,LLC for Conditional Use Permit re a Vocational School and Tattoo Parlor at 3824 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. VIRGINIA BEACH TRAVEL SOCCER INC/COLONIAL SELF-STORAGE LP for a Conditional Use Permit re indoor recreation on the North side of Buckner Boulevard, West of Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC for Conditional Use Permit re a Tattoo Parlor at 2135 General Booth Boulevard DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 6. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands RECOMMENDATION: APPROVAL 4 , r.: ,=r 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 Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 2, 2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN JESS STEVENSON/ST.NICHOLAS CATHOLIC CHURCH Conditional Use Permit(Outdoor Recreation). 712 Little Neck Road (GPIN 1488805079) DISTRICT 5-LYNNHAVEN DANIELLE GOOD/STEVE DEGNER MAGNATE PROP, LLC Conditional Use Permit (Business and Vocational School & Tattoo Parlor). 3824 Virginia Beach Boulevard (GPIN 1487249483) DISTRICT 5-LYNNHAVEN JOHN FINGUERRA Subdivision Variance to 4.4 (b) of the Subdivision Regulations. 1109 Rose Lane (GPINS 2418465454,2418465364) DISTRICT 3-ROSE HALL VIRGINIA BEACH TRAVEL SOCCER INC/COLONIAL SELF- STORAGE LP Conditional Use Permit (Indoor Recreation Facility). North side of Buckner Boulevard,west of Holland Road (GPIN 1495062871) DISTRICT-7 PRINCESS ANNE WHISKEY RIVER DEVELOPMENT, LLC/STRAWBRIDGE MARKET PLACE, LLC Conditional Use permit (Tattoo Parlor). 2135 General Booth Boulevard (GPIN 2414086744) CITY OF VIRGINIA BEACH- An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requireme for Farm Stand All interested parties a invited to attend. Ruth Hodge r,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 fitto://www.vbgov.com/ot For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JANUARY 17&24,2016 41.1 : . 1 , . .1.. L z '7 L. 1 _ L i...........\plo j [. 1g t C DMA] wogs Aea Ise3 .� .4, . "I, ,0 AIM �3 a U. - i AC 47: p , ,,r,,,",f ANN n 1 L'..' , -‘-- 4 '4'-\---I '''"IL" ,kt 4A \V' , \ .0. _,w *-''. t ....., _ i 4 p7,, ." , � 4 .4k c: H r* 11111111 a C 4 Si d CC ON 0 .-t 1 u e H . , ,......... .(A ......„. .n z W ?,i I . 2 z i z „,,,,,...,,„, F $, tiv` � f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN FINGUERRA [Applicant/ Owner] Subdivision Variance to 4.4 (b) of the Subdivision Regulations. 1109 Rose Lane (GPINS 2418465454, 2418465364). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 2, 2016 • Background: The applicant owns two lots that were legally created in 1927 as part of the North Linkhorn Park subdivision Plan. These lots are consistent in size with the other properties in the Linkhorn Park neighborhood; however, they do not meet the minimum lot width or lot area requirements for the R-40 Residential District. A single-family home was constructed on the southern lot in 1973, along with a bulkhead that is partially located on the adjacent northern lot. The applicant wishes to shift the interior lot line so that the bulkhead is entirely within the southern lot containing the home. • Considerations: Shifting the internal lot line to so that the bulkhead and the existing home are both located on the southern lot will not affect the buildable density of either lot. Additionally, this requested subdivision will preserve the quality of the neighborhood by clarifying the responsibility of future maintenance to the bulkhead. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with two absent, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of the rear lot lines, the property shall be subdivided substantially as shown on the submitted site plan entitled, "PRELIMINARY RESUBDIVISION OF LOT 205 & THE SOUTHERN 98.50' OF LOT 204,” as prepared by Gallup Surveyors and Engineers, and dated August 17, 2015. 2. The rear lot lines shall meet all applicable standards of the City of Virginia Beach Subdivision Regulations and be platted following the perimeter of the natural body of water. III] John Finguerra 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 Departme 4;2/ City Manager: IIII LYNHNHAVEN DISTRICT-1i0!Robe L... John Finperra ' t„..„) 4 December 9, Public Hearing APPLICANT& PROPERTY OWNER: a,, " Wt JOHN FINGUERRA r Rr Subdivision Variance STAFF PLANNER: Kristine Gay REQUEST: Variance to Section 4.4(b)of the Subdivision Regulations, which states that lots created by subdivision must meet all requirements of the zoning ordinance. Existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards, so long as the existing lots have been legally created and that no greater degree of nonconformity would be created as a result of the resubdivision. ADDRESS/DESCRIPTION: 1109 Rose Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24184654540000 LYNNHAVEN 52,693 square feet 65-70 dB DNL 24184653640000 • • BACKGROUND / DETAILS OF PROPOSAL Summary of Request The applicant owns two substandard waterfront lots located on Rose Lane. In 1927, these lots were recorded as part of the North Linkhorn Park subdivision plat. The lots are zoned R-40 Residential District. Like many surrounding properties that were recorded as part of the North Linkhorn Park subdivision plat, the two lots do not meet the current minimum standards for lot width or lot area in the R-40 District. In 1973, a single-family home was built on the southern lot. In 1995, a bulkhead was built eight feet to the north, on portions of both the southern and northern lots. The applicant would like to shift the shared interior lot line to the north eight feet to ensure that the house and adjacent portion of the bulkhead are located on the same lot. In the future, should maintenance to the bulkhead be necessary to prevent degradation of the existing home, the proposed resubdivision will have clarified ownership and responsibility of the adjacent portion of the bulkhead. JOHN FINGUERRA Agenda Item 4 Page 1 i I II As shown in the table below, as a result of the proposed resubdivision, both lots will remain deficient in lot area and lot width.The southern lot will increase in area by 872 square feet, and the northern lot will decrease in area by 872 square feet.The lot width will remain the same for both lots. Lot Width Lot Area Proposed Proposed Difference Lot Width Lot Area R-40 Dimensional 125'min. 40,000 SF min. Criteria Lot 205(Southern Lot) 102' 30,325 SF 102' 31,197 SF +872 SF Lot 204(Northern Lot) 98.5' 22,368 SF 98.5' 21,496 SF -872 SF 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling. SURROUNDING LAND North: • Single-family dwellings/R-20 Resort Residential District USE AND ZONING: South: • Single-family dwellings/R-40 Resort Residential District East: • Rose Lane • Single-family dwellings/R-30 Resort Residential District West: • Little Neck Creek NATURAL RESOURCE AND Both lots are adjacent to Little Neck Creek which connects to Broad CULTURAL FEATURES: Bay and Chesapeake Bay. Portions of both lots are located within the Chesapeake Bay Preservation Area(CBPA).A variance to Section 105 of the CBPA Ordinance was granted for the northern lot on October 27, 2003. COMPREHENSIVE PLAN: The Comprehensive Plan designates these lots 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(pp. 3-1 to 3-3). JOHN FINGUERRA Agenda Item 4 Page 2 ii IIII 0 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. • • EVALUATION AND RECOMMENDATION The dimensional requirements of the current R-40 Zoning District present a hardship for older residential lots originally recorded as part of a large scale subdivision plan prior to the establishment of the Zoning Ordinance.While the subject lots are consistent in size with surrounding properties recorded as part of the Linkhorn Park neighborhood, they are considered to be 9,675 and 17,632 square feet deficient of the current minimum lot area requirement. Shifting 872 square feet to the southern property will not affect the buildable density of either lot. By locating the southern portion of the bulkhead and the existing house on one parcel, the responsibility of future maintenance of the bulkhead is clarified. Thus, the subdivision as proposed will be a benefit to the adjacent properties and will help preserve the quality of the neighborhood. The applicant is showing the existing and proposed rear lot lines as following the bulkhead. As shown on the original plat, the body of water bordered by the bulkhead did not exist naturally at the time the lots were platted. Since the bulkhead is a manmade feature, the area associated with it is considered part of the subject lots. This is graphically presented on page 8 and is included in Condition#2. Staff recommends approval of this Subdivision Variance subject to the conditions listed below. JOHN FINGUERRA Agenda Item 4 Page 3 1111 4 • CONDITIONS 1. With the exception of the rear lot lines, the property shall be subdivided substantially as shown on the submitted site plan entitled, "PRELIMINARY RESUBDIVISION OF LOT 205&THE SOUTHERN 98.50' OF LOT 204,"as prepared by Gallup Surveyors and Engineers, and dated August 17, 2015. 2. The rear lot lines shall meet all applicable standards of the City of Virginia Beach Subdivision Regulations and be platted following the perimeter of the natural body of water. 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. JOHN FINGUERRA Agenda Item 4 Page 4 Li; ' .'.-.7 411,:.,,.,,,,4: ::111451r, :i.-'• , ' ,‘"t1:1 " Iti I f•V.P-..Ai.+ rv- 0 4 VA ' ' OR f f SITE AERIAL f v i 1 ftW'i 64,000 :___ 1 oar � _ �"41,000 31,000; A- \ ,`'20,000 20,000`37,000 27,000 32,000 m 21,496 14,000 L, car 19,000 co, 31497 22,000 _. 30,000 35,000 0 `�_ oo 24,000 cavalier 06ve LOT AREA STUDY (numbers shown represent approximate lot area in sauare feet) JOHN FINGUERRA Agenda Item 4 t Page 5 a 4 I ' t ` - _ r F, 's• :-E-- Q • L4i j/ f 7 r� -- , - . r , - + �' ,+� 1 1j i t O , 3 J ! 4. . J 7" J tfi 't ` ` e 7 I i ..''. i.' •.14. .- -;- . 1. ',, i .,1. ... .. 1, - i t , I \ • -t li qi- ', 4 ' fi j:ç ; ' ,' J t.ay '�`—.* +} jf .{• . \ fir' -V ...-'!It . , ,. f: 177. . : ----14 . s f; T . i •r, : or fi N , , . w N7 • - k I•N ! 2 L • ,�, + 1 '. °! 2/o Z// qty,• , .,I e. . t f!...: . L 4.-[ r� • Ill I" « 0 PORTION OF THE ORIGINAL PLAT OF "NORTH LINKHORN PARK EXTENDED" FROM MAP BOOK 8 PAGE 50, DATED 1927 JOHN FINGUERRA Agenda Item 4 k Page 6 4 I 1 ' -4 .•b-,R• INKHORN B#44' PROPOSED VACATED LOT LINE LOT LINE •,y, T- r-, iv! (c.,7-‘,.......,,\ 11 , Km,.Yk.x „NEW! CI !,4,... \ :1.2W '!! !!!!," iott., r / t e il c' 'P.'' 1 . 1:71 : '.L77i I tel 3,35 3" Y ft a v c..Jf� f Ai I 1.--'‘,r' ''''-'-1. r:;- e,',I.' ': '''- ' ,, ,..."' 7;1 ' e 'I 47 .\ 1 i 't 1. ' ) / / � t 1 ‘11 1 ;' ' ' n 1 a f I LOT,11 C?5��-A' ` - :.ft c■ 1 ( / �� I �i 2 L I , / as'r k• ? 1\ \-\(0)1 .--p,., 1 1 [ ,2,/ / / ,/,/I • I \ J, lit 1.4•111-.--., :I, ‘%:().s\-:...,:::,, .'''.'...7..)::V) \ P til O,.t.. �, _- _. --Sr' 1 l 'y ROSE LANE(3C,. 3/W} •••.- t\!r' \\":.., e.,,,,q. 4n .' G X 4.:1' �.r., PROPOSED RESUBDIVISION JOHN FINGUERRA Agenda Item 4 Page 7 11 I I V LL ft, ''. \ \7:t 1'''-'-st'-'. '-'.'- E a m ";I'",. � T7 =V . , , ,. /..7. ill __.....iiiitr's.'hi ,ss..-,,-.: - 4 fro • Z Cr ' r H I l �`. --t.:-\ , '.'\. "r 1,if Ki'� \ + k. m > • 1. 1 _ YAO Lt1 L"/ w 2 . ; ,,s.,-14 ig...... {.,..," 0 1 I' ! w lvi t Q REAR LOT LINE CLARIFICATION (Condition #2) JOHN FINGUERRA Agenda Item 4 Page 8 .a LYNHNHAVEN DISTRICT- 1109 Rose Lane John Finguerra \...1,4" > r {{{ (7„) usi, a. us 0 v gam `o 10 !L N .. f0 m[aA W C N ' V O \___-- cavalier Drive Cnvn0ER K r r... Subdivision Variance ZONING HISTORY There is no documented zoning history in the vicinity of the subject site. JOHN FINGUERRA Agenda Item 4 t Page 9 4 I 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 1 Modification of by City Y Pro ert Conditions or Proffers Property __ 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 1 License Agreement j Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE K. 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 __. C int #f t !4, a ihi r i ,. , 1.. f ,- -.. 1 Pa ge 1 of 4 ❑ V Pta_a.NI N':lb tt}F titV,INC I NO k_HANCE',R i ti 19 I , - III' 7Ik-X t ! 1,,,,,3 ,, 5III MI ILIA) I DISCLOSURE STATEMENT JOHN FINGUERRA Agenda Item 4 Page 10 other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 Applicppt. L Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 6 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) (8) 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 JOHN FINGUERRA Agenda Item 4 Page 11 11 1111 "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 4 2.2-3101 2 "Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (if 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 4 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: r PROVIDER(use additional sheets if I YES NO SERVICE needed) Accounting and/or preparer of r U your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than Fl the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C r purchaser of the subject property I " (identify purchaser(s)and purchaser's service providers) Ca ' Construction Contractors CEngineers /Surveyors 1Gallup Surveyors&Engineers.Ltd. 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 FINGUERRA Agenda Item 4 Page 12 I111 . tt, -- C4.414 co, 2; „.•=i C:1_777/ 404;;..,';'-'14- It4 DISCLOSURE STATEMENT JOHN FINGUERRA Agenda Item 4 Page 13 ill Item#4 John Finguerra Subdivision Variance 1109 Rose Lane District 5 Lynnhaven December 9, 2015 CONSENT An application of John Figuerra for a Variance to Section 4.4(b)of the Subdivision Regulations,which states that lots created by subdivision must meet all requirements of the zoning ordinance. Existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards, so long as the existing lots have been legally created and that no greater degree of nonconformity would be created as a result of the resubdivision on property located at 1109 Rose Lane, District 5, Lynnhaven. GPIN: 24184654540000; 24184653640000. CONDITIONS 1. With the exception of the rear lot lines,the property shall be subdivided substantially as shown on the submitted site plan entitled, "PRELIMINARY RESUBDIVISION OF LOT 205&THE SOUTHERN 98.50'OF LOT 204," as prepared by Gallup Surveyors and Engineers, and dated August 17,2015. 2. The rear lot lines shall meet all applicable standards of the City of Virginia Beach Subdivision Regulations and be platted following the perimeter of the natural body of water. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approved item 4. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 4 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. 41'1'1 ...1 11, ...... 0 1 . '% o#,Ski.if 4. e" I :"•••• • 'Ci / Cg o i N .: I %0 \\\\\,,,,, Ct A% , / e If N s'd ,—..-.=.., a...... {3 '9 0 3.—t, rex— too) '0'4 * .z- *4!) C 44, 4`k*/ 4%,,... t3 1.k NO' 111) +,' 1/4.) > IriP. # ctic) 410 + alba C.> 1.. VP) ei,...4) • °C;i0n ok in 7%, ‘,"1‘ 4-• V) 6k>' (11) 474,...) %.," .4z..• ''''''' 1 EL. i Q.) ••••ii , -_,:: . 0.... 6:4 • \ 6 Z \ Nr.eSir ........ j ....)4, 0• • • CO 0 c / 13 y.... "CS • • • lixn • 1\111111111111\141Q0b, Ni.. • • IQ "Vx \ tx‘121 .64 f(0 14>s,,,, ''#'--• 4101' • Nell 11\ "/ ar- "Illik if eonliC6 41/441/4.1 a/6y 1k0 s.f NJ , 4--ir. _,-..10,-"4,\--• . /..,' lig) 0 eg 11 i/ i . , . , in I Cle . / Lii ,,--,-",' IN 0.4 f... , (.# Z nal°01 1/4 > .. 4 - X t ir.4144144144164.4%. ' 011 z \ 0,A0 ,... ... I 1111 r 4 ., )> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JESS STEVENSON [Applicant] ST. NICHOLAS CATHOLIC CHURCH [Owner], Conditional Use Permit for an Outdoor Recreational Facility. 712 Little Neck Road (GPIN 1488805079). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 2, 2016 • Background: The applicant requests a Conditional Use Permit for an outdoor recreation facility for the purpose of having lacrosse practice on an undeveloped, grassy area on Saint Nicholas Catholic Church's property. Lacrosse practice will typically be held in the evenings on Monday through Thursday, and in the afternoon hours on the weekends. • Considerations: The playing field fronts on Little Neck Road. To alleviate safety concerns for vehicular traffic regarding balls traveling outside the church's property and across the road, no outdoor recreation activity will take place within 125-feet of Little Neck Road. Additionally, the lacrosse fields will be oriented parallel to Little Neck Road. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval of this request to the City Council with the following conditions: 1. The recreational fields and any activity associated with practice shall not be permitted within 125-feet of the edge of pavement of Little Neck Road. This area has been identified on the attached site layout. 2. The fields shall be oriented parallel to Little Neck Road, as shown on the attached site layout. 3. There shall be no lights, permanent or temporary, used to illuminate the recreational fields. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map 1111 Jess Stevenson Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• .rtment/Agency: Planning Depart City Manager. .i \\!4 I1 I II LYNNHAVEN-1 u ix,w 11..14 r.w less Stevenson c '' fI 4, R, December 9, 2015 Public Hearing : 440 -J ` APPLICANT: R0 / • eR.10 JESS STEVENSON U/ a ,.' PROPERTY OWNER: \i11-10 ,1 SAINT NICHOLAS \X/ �sd�onr` CATHOLIC CHURCH R-7.5 �� R-10 Can4Hronaf Use Pe el,r(Outdo*,RereeoPoeo! oolaio STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit(Outdoor Recreation Facility) ADDRESS/DESCRIPTION: 712 Little Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14888050790000 LYNNHAVEN 12.01 acres Less than 65 dB DNL 4 e BACKGROUND / DETAILS OF PROPOSAL The subject 12-acre site contains a church, parsonage, church offices, several accessory buildings and a large parking area. The northern portion of the site is an undeveloped grassy area. The applicant wishes to use this grassy area for a practice field for lacrosse, and thus, a Conditional Use Permit for an Outdoor Recreation Facility is required. The application states that the proposed practice fields will be used by HR Lax League, a local youth recreational lacrosse club. Practices will be held seasonally, particularly during the fall and spring months. Practices will typically be Monday through Thursday, 5:30 pm to 7:00 pm, and Saturday and Sunday, 1:00 pm to 3:00 pm with up to 40 boys and girls and four to five coaches present. The practice fields will be oriented parallel to Little Neck Road, specifically so that players are not shooting the lacrosse balls towards the road. Additionally, no lacrosse practice will take place within the first 125 feet from Little Neck Road. This will further ensure the safety of vehicular traffic along Little Neck Road. The club will use the church's parking lot. JESS STEVENSON Agenda Item 1 Page 1 1111 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Church SURROUNDING LAND North: • Single-family homes/R-10 Residential District USE AND ZONING: South: • North Lynnhaven Road • Single-family homes/R-7.5 Residential District East: • Kings Grant Elementary School&single-family homes/R- 10 Residential District West: • Little Neck Road • Semi-detached homes/R-5D Residential District NATURAL RESOURCE AND The site is located within the Chesapeake Bay Watershed. There do CULTURAL FEATURES: not appear to be any significant natural resources or cultural features associated with the site. 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. (pp. 3-1 to 3-3) 4 • IMPACT ON CITY SERVICES There are no impacts to City services expected with this request. • EVALUATION AND RECOMMENDATION To alleviate safety concerns of vehicular traffic along Little Neck Road regarding balls being thrown outside of the church property and across the road, the applicant has designated that the first 125 feet of the field closest to Little Neck Road will not be used during practices. Additionally, the lacrosse fields will be arranged parallel to the road so that the players will not be shooting in the direction of the road. Staff feels these conditions minimize the risk and alleviate any concerns. The use of the subject site for outdoor recreation, specifically lacrosse practice, is in Staff's opinion compatible with the residential nature of the surrounding area and a good use of an undeveloped portion JESS STEVENSON Agenda Item 1 Page 2 IIII of the church's property. The proposed lacrosse practices will take place during times when the church property's use is minimal, and therefore the use is not proposed to have any adverse impacts on traffic or other City services. The site has been used in a similar capacity in the past, and Staff is not aware of any issues that have arisen. Additionally, the field will be used for recreation purposes only during daylight hours, and no lights, permanent or temporary, will be used. For the reasons stated above, Staff recommends approval of this request with the conditions below. 4 CONDITIONS 1. The recreational fields and any activities associated with practice shall not be permitted within 125-feet of the edge of pavement of Little Neck Road. This area has been identified on the attached site layout. 2. The fields shall be oriented parallel to Little Neck Road, as shown on the attached site layout. 3. There shall be no lights, permanent or temporary, used to illuminate the recreational fields. 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. JESS STEVENSON Agenda Item 1 Page 3 Li 1 e lsi O J 4E ,- 4 k 4i 1 M i t r k E fig4, f 4 ..�, u ! ., ''i 12. Z V S _ • U ' f' 8• Q • ". 6-f ' ,.49/ � * ,/ }} > A 4 1/4 il, if k‘‘' -T, , `.. " 4,0, i ii r � f t AERIAL OF SITE LOCATION JESS STEVENSON Agenda Item 1 Page 4 w • f fi;4# P �� clv AREA WITH NO (4, LACROSSE A. ACTIVITY L%;- [Condition#1] l iF, . , t ORIENTATION OF ./.,/ . LACROSSE / FIELDS LAMPPOST [Condition#2] l t 0)0444 k ilii, P t At. tt . SITE LAYOUT JESS STEVENSON Agenda Item 1 Page 5 A' LYNNHAVEN— 112 little Neck Road Jess Stevenson 4 . °O OR f- ( Qom Stir Y w4 P° • .0''' Al. ROS p FCr • 44440 A. i ` R-5D / ' N S %) R-10 o R-10 x 2 . . • R-10 • a42, tip /- 4 °pro yS ' +<65 dB DM_ ey R-7.5 •�o '90 R-10 y Conditional Use Permit(Outdoor Recreational 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 01/23/2007 NON Approved 2 08/26/2003 MOD(to CUP approved on 04/08/2003) Approved 04/08/2003 CUP(Columbarium) Approved 11/11/1995 CUP(Child Care) Approved 07/13/1987 CUP(Church Addition) Approved 02/06/1984 CUP (Children's Home) Approved 06/05/1961 CUP(Church) Approved ZONING HISTORY JESS STEVENSON Agenda Item 1 Page 6 :1 1111 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 r Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDLP) Board of Zoning Encroachment Request Rezoning A.•eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 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 F1Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT 1S a corporation, partnership, firm, business, or Page 1 of 4 40646 DISCLOSURE STATEMENT JESS STEVENSON Agenda Item 1 Page 7 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) • See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc. below: (Attach list if necessary) Roman Catholic Diocese.Please See Attached. St.Nicholas Catholic Church.Please See Attached. (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 JESS STEVENSON Agenda Item 1 Page 8 i V3 Virginia Beach t 'Parent-subsidiary relationship` means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va Code§2 23101 2 "Affiliated business entity relationship- means "a relationship. other than parent subsidiary relationship,that exists when ill 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 I SERVICE PROVIDER(use additional sheets if �._ ._.... .-,...�..e,.,_.�.— needed) ❑ ® Accounting and/or preparer of your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nED Construction Contractors IEngineers/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 JESS STEVENSON Agenda Item 1 Page 9 V3 Virginia Beach Financing(include current I 1 Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EjLegal Services Real Estate Brokers/Agents for nX current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? 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 anypublic body or committee in connection with this Application. . (• APPLICANT'S URE PRINT NAME DATE f r FR.Y N/i NCaa R• A4 tArerb 9..LS,/5 PR*ERT 'ER'S SIGNATURE +PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law DISCLOSURE STATEMENT JESS STEVENSON Agenda Item 1 Page 10 11 I Meet our Pastor and Staff Rev.Venancio Balarote.Jr. Pastor Deacon Jamie Morgan PARISH STAFF Lora Di Nardo-Pastoral Associate&Business Manager Angela Whitehouse-Director of Christian Formation&Evangelization Joseph Stallings-Youth Minister Dolores Machik-Social Ministries Coordinator James Gardner-Director of Music Ministry James Throne-Maintenance Manager Grace Carlson-Administrative Assistant Tom Pannullo-Maintenance Assistant Edward Hill-Maintenance Denise Foster- Sacramental Records Volunteer CHURCH LEADERSHIP Jim Schrand-Pastoral Council Chairman Sonya McKechnie-Pastoral Council Vice Chairman Jeff Robertson-Finance Council Chariman Office of the Bishop • Phone: i8041359-5661 • t8041358-9159 • 7800 Carousel Lane Richmond. VA 23294 • Diocesan Bishop: Most Rev. Francis X. DiLorenzo D.D..S.T.D. • Special Assistant and Advisor to the Bishop: Mrs. Anne C. Edwards • Administrative Assistant: Ms. Ann E. Niers ey°er II Item#1 Jess Stevenson Conditional Use Permit 712 Little Neck Road District 5 Lynnhaven December 9, 2015 CONSENT An application of Jess Stevenson for a Conditional Use Permit(Outdoor Recreation Facility)on property located at 712 Little Neck Road, District 5, Lynnhaven. GPIN: 14888050790000. CONDITIONS 1. The recreational fields and any activities associated with practice shall not be permitted within 125- feet of the edge of pavement of Little Neck Road.This area has been identified on the attached site layout. 2. The fields shall be oriented parallel to Little Neck Road, as shown on the attached site layout. 3. There shall be no lights, permanent or temporary, used to illuminate the recreational fields. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 1. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 1 for consent. , . v (1.106 i 0 -0 r> , 0 2, 0 z_ • re) CO 4.4 C.3 0 N, o co 1-- 's.,.., 0 0") o re) cl- e, o .4 ---,..... ce) ----,....... ll 4- t• IV t,.4" c) .....z . c, v., c. ts "'N'''..".„,...„....„ t..) ti) CU /r- 4R1) --,...,.... •. ' 6 T:.3 C 440° , C fa -. I? o •,... 1CO > -16 W (..) -----a----*-'.."'"") =i 0 (I) e, Cs11 L"'"'"m"Rismommilmisr3 gal..4 c 'Fa 5 PP , 41) 0 L.) 1- . 40 cv) co i co) , , ...---) O ....., i ..,---- ,....N ..c . u ....) m ,-.."-'----'-'---- . . ..-----* 1 (...) ----- CE 'E ---- Wevj ....,`''' .... Z 5 ill . ' C.:1 ‘I. 1 -Ct eq "t3 oo Ln el 1 i tO I k i V V % , 1 S v) , ca . , le 0 , szx VA i . ›.- -J LI i iP IIII , ..r,+ f si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIELLE GOOD [Applicant] MAGNATE PROP, LLC [Owner], Conditional Use Permit for a Vocational School and a Tattoo Parlor. 3824 Virginia Beach Boulevard (GPIN 1487249483). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 2, 2016 • Background: The applicant requests a Conditional Use Permit for a vocational school for permanent make up application, which is a form of tattooing. In addition to the use of manikins, the applicant would like the students to apply the permanent make up on human skin while under her tutelage. Based on this, a Conditional Use Permit for a tattoo parlor is also required. • Considerations: According to the application, the school will teach entry-level permanent cosmetic tattoo techniques in preparation for the exam with the State Licensing Board of Cosmetology. The school will occupy a unit within an existing building. Classes with up to five students are proposed for Tuesday through Friday with hours of 10:00 a.m. to 8:00 p.m. No exterior improvements or alterations to the building are proposed. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with two absent, to recommend approval of this request to the City Council with the following conditions: 1. A Certificate of Occupancy shall be obtained prior to the operation of the vocational school. 2. A business license for the tattoo parlor 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. 3. The actual tattoo or permanent make up application shall not be visible from the exterior of the establishment or from any waiting and sales area within the establishment. 4. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents. I Danielle Good 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 Departme •ency: Planning Departme ir�� City Manager: 6,9 1 1111 LYNNHAVEN DISTRICT- in..sow....a Danielle Good 0-2 2 December 9, 2015 Public Hearing si' 38/44) APPLICANT: 0-2 DANIELLE GOOD 1838 IWO 1814 t. aofi{ 77 8-2 we 14. PROPERTY OWNER: Virginia Beach Boulevard mon BLVD MAGNATE PROP, LLC Conditional Use Permit--Vocational School/Tattoo STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(Vocational School &Tattoo Parlor) ADDRESS/DESCRIPTION: 3824 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14872494830000 LYNNHAVEN 26,500 square feet Less than 65 dB DNL • • BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a vocational school for permanent make up to teach up to five students. According to the application, the school will teach entry-level permanent cosmetic tattoo techniques in preparation for the exam with the State Licensing Board of Cosmetology. In addition to manikins, the students will also tattoo on human skin; therefore, a Conditional Use Permit for a tattoo parlor is also required. The school will occupy a unit within an existing building off of Virginia Beach Boulevard, with classes typically on Tuesdays through Friday with hours of 10:00 a.m. to 8:00 p.m. No exterior improvements or alterations to the building are proposed. • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office &retail uses DANIELLE GOOD Agenda Item 2 Page 1 I lill SURROUNDING LAND North: • Office uses/0-2 Office District USE AND ZONING: South: • Virginia Beach Boulevard East: • Office uses/0-2 Office District West: • Office uses/B-2 Community Business District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. As CULTURAL FEATURES: the site is fully developed with a building and parking lot, there are no known cultural or environmentally significant features on the property. COMPREHENSIVE PLAN: Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment Area, which calls for single use retail buildings with parking at the rear of the lot as properties on the corner of Lynn Shores Drive and Virginia Beach Boulevard redevelop. The Rosemont SGA Master Plan was adopted by reference in the Comprehensive Plan on September 13, 2011. Generally, the Plan envisions under-utilized, under-performing commercial properties to transform into a series of mixed use and residential development opportunities along with public infrastructure improvements(p.13). Maximum recommended building height for this site is two stories (p. 36). • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. There are no CIP projects scheduled in the vicinity of this site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach56,894 ADT ' 56,2400 ADT ' LOS a"D„ Existing Land Use 2- 130 ADT Boulevard ( ) Proposed Land Use 3- 130 ADT 'Average Daily Trips 2 as defined by typical B-2 use for entire site 3 No change expected; 15 trips based on 5 students proposed 4 LOS=Level of Service WATER&SEWER: This site is currently connected to City water and sewer. DANIELLE GOOD Agenda Item 2 Page 2 1111 4 EVALUATION AND RECOMMENDATION In Staff's view, the request for Conditional Use Permits for a vocational school and a tattoo parlor are consistent with the land use policies for the Rosemont SGA. These uses are not anticipated to have any negative impacts on other commercial tenants in the building or on adjacent properties. The hours of operation and limited class size will eliminate any potential parking conflicts with the other tenants in the building. 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. As noted above, in addition to manikins, the students will also apply permanent cosmetic tattoos on human skin, necessitating a Conditional Use Permit for a tattoo parlor. The proposed vocational school is approximately 360 feet from the closest residentially zoned properties to the east; however, it should be noted that there is a proposed amendment that would eliminate this requirement, should it be approved by the City Council. Subject to approval of the Zoning Ordinance amendment regarding tattoo establishment setbacks, Staff recommends approval for both requests. In the event that the amendment is not approved, Staff still recommends approval of the vocational school, as it can operate without the tattoo parlor Conditional Use Permit. • CONDITIONS 1. A Certificate of Occupancy shall be obtained prior to the operation of the vocational school. 2. A business license for the tattoo parlor 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. 3. The actual tattoo or permanent make up application shall not be visible from the exterior of the establishment or from any waiting and sales area within the establishment. 4. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents. 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. DANIELLE GOOD Agenda Item 2 Page 3 , • 41$ it: . eN N ' , . r , , , - ., • 9I:- --% -- - , , < ij- 1111,.. -t- ..... , . . .. .,.._,....„ v , . . . __ * p.=.4• ,,::-., 11 _ - . I ; 464114114 .._ In it , .. .... . . . , - ir1• . ".. .,7. 4 . 1c n k ' _01. I% 1 • _ w al „., .... , , . - < * • ..„--... .4,..-,., ,,,&• , AERIAL OF SITE LOCATION DANIELLE GOOD Agenda Item 2 Page 4 N • v maD .L 0 Existing 2-Story Building Parking Lot Virginia Beach Blvd EXISTING SITE LAYOUT DANIELLE GOOD Agenda Item 2 Page 5 II , _ _ __ , , , _ , , , , . s _ „ail, . i A;ipI �'. titBB�IdtBCI(IB'... " 1 1IIl _ 11CHrAPrt I)il. liltt e lam.. { SITE PHOTO DANIELLE GOOD Agenda Item 2 Page 6 LYNNHAVEN DISTRICT- 3824 Virginia Beach Boulevard Danielle Good OA 1 ma` N • iv • 303 oO. • • 301 3852 �` B-2 0-2 3838 3820 3808-E 1 3808 9. Tr, Virginia Beach Boulevard Eli ltLVD <65 db DNL A/CUZ Conditional Use Permit-Vocational School/Tattoo 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 05/13/2014 CUP (Assembly Use) Approved ZONING HISTORY DANIELLE GOOD Agenda Item 2 Page 7 Item#2 Danielle Good Conditional Use Permit 3830 Virginia Beach Boulevard District 5 Lynnhaven December 9, 2015 CONSENT An application of Danielle Good for a Conditional Use Permit(Vocational School &Tattoo Parlor)on property located at 3824 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14872494830000. CONDITIONS 1. A Certificate of Occupancy shall be obtained prior to the operation of the vocational school. 2. A business license for the tattoo parlor 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. 3. The actual tattoo or permanent make up application shall not be visible from the exterior of the establishment or from any waiting and sales area within the establishment. 4. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents. A motion was made by Commissioner Thornton and seconded by Commissioner Weiner to approve item 2. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 2 for consent. The applicant Danielle Good appeared before the Commission. II vt , 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 Exce tion for (EDIP) Changes Boardpof Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness (Historic Review Board) Franchise Agreement Street Closure 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. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or TOR CITY uIsf ONIY/rim ., CrsVes r be upd tec 1,,-;Q)weeks Fnc IC ar.v rc Corrmr s,c-cr.,C ty Cc ncu MEC ng that reit cs tc tt.e Fdge 1 of 4 7 eDpl;cc,iGn($ D 1 PPP!IC NO-Tit It0 01 i'tARthc AIt kr I co c rncts As of 1 0 )II RtVI<CN1.SAMI TED T '��t . DISCLOSURE STATEMENT DANIELLE GOOD Agenda Item 2 Page 8 11 NritiB 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) �nte0oc+o � C�c,„(-(---e_."t"s G O oc (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant:� (Attach list if necessary) 1 I See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 7 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) A ' ,L (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 DANIELLE GOOD Agenda Item 2 Page 9 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. 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: PROVIDER(use additional sheets if YES NO SERVICE needed) • (� Accounting and/or preparer of your tax return j �I n Architect/Landscape Architect/ l 1 Land Planner Contract Purchaser(if other than E the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property I�L4 (identify purchaser(s)and purchaser's service providers) CConstruction 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 DANIELLE GOOD Agenda Item 2 Page 10 ili 11 I Vif::3 Virginia Beach j Financing(include current C IXi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nJ I Legal Services ' Real Estate Brokers/Agents for current and anticipated future sales of the subject property i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO 1 Does an official or employee of the City of Virginia Beach have 1 fan 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? 1 /0---' 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 meetingny public b dy or com ,ittee'n connection with this Application. iiii APPLICANT'S SIGNATURE , _...I PRINT NAME DATE ,7( '2: _ 1'.',/,'..-V 7%J// ..--.. .l ys , ..':)C.:,,,•.moi,F.. � L t. r PROPERTY OWNER'S SIGNATt7RE 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 DANIELLE GOOD Agenda Item 2 Page 11 3.4 I =- 44 : °" °; Nr 4. ) N s G zi -aco aa, mlo�aOS •— so .o '4 > N : '. I/ 1•••., \ N. co la N. to tov I \\N. ia I /01' SA-7- ,:141 J - t p1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH TRAVEL SOCCER, INC. [Applicant] COLONIAL SELF STORAGE, LP [Owner]. Conditional Use Permit for an Indoor Recreation Facility. North side of Buckner Boulevard, west of Holland Road. (GPIN 1495062871). COUNCIL DISTRICT— ROSE HALL. MEETING DATE: February 2, 2016 • Background: Beach FC (Virginia Beach Travel Soccer) has contracted to purchase the subject property to construct a 24,000 square foot indoor soccer facility. The site is 3.36-acres and is zoned B-2 Community Business District. The proposed building will be constructed using brick, split-face masonry, gray metal panel siding and metal trim. Access to the site will be accomplished via an existing curb cut along Buckner Boulevard, as well as a cross-access easement with the adjacent commercial property to the east. • Considerations: The proposed facility will be used primarily during the poor weather months; however, some training sessions may be scheduled during the summer month. Most training sessions and clinics will be held on the weekends, and the afternoon and evening hours during the week. The expected traffic that the proposed use generates is significantly less than other potential uses that could be developed on the 3.36 acre parcel zoned B-2 Community Business District. Further details pertaining to the site, as well as 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 8-0, with two absent and one abstention, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any of the conditions below, the site shall be developed substantially in conformance as shown on submitted site plan titled "BEACH FC — INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN," as prepared by Timmons Group and dated December 01, 2015. 2. The exterior of the proposed building depicted on the Concept Plan shall substantially adhere in appearance and materials to the exhibit entitled "PRELIMINARY ELEVATIONS FOR BEACH FC," prepared by Morrisette Architecture and dated November 11, 2015. Ill VIRGINIA BEACH TRAVEL SOCCER, INC. Page 2 of 2 3. A photometric plan shall be submitted at the time of final site plan review ensuring that any lighting for the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 4. A landscape plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site plan titled "BEACH FC — INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN," as prepared by Timmons Group and dated December 01, 2015. In addition, the landscape plan shall include the required Category IV screening along the western property line, required street frontage landscaping along the Buckner Boulevard right of way and the required landscaping around the dumpster facility as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. Prior to final site approval, the landscape plan shall be submitted and reviewed by Public Works Engineering — Water Resources for compliance with any requirements pertaining to the existing drainage easement. Final site plan approval shall not be issued until said landscape plan is approved by Public Works Engineering —Water Resources. 6. There shall be no BMP or any other stormwater management facilities located within the limits of any drainage easement onsite. 7. All signage shall adhere to the requirements of the City Zoning Ordinance. A separate permit shall be obtained from the Department of Planning, Zoning office for all signage. 8. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 9. The site layout shall conform to all applicable requirements of section 203 of the City Zoning Ordinance for off-street parking. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• . me t/Agency: Planning 41;•,y. t74/111(714$ City Manager: `�, I1 I I ROSE MALL DISTRICT Virginia Beach Travel Soccer,Inc. 6 /J,\/v r `\ Decemberm9, 2015 Public Hearing I APPLICANT: \ . VIRGINIA BEACH �} �OM„,ali TRAVEL SOCCER, 65.7009. INC. 1 ss PROPERTY OWNER: soni COLONIAL SELF . r Rdo r M2 STORAGE, LP Conditional the Permit(MMdoorRecreation FadMtyl STAFF PLANNER: Jimmy McNamara REQUEST: Conditional Use Permit (Indoor Recreation Facility) ADDRESS I DESCRIPTION: North side of Buckner Boulevard, west of Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14950628710000 ROSE HALL 3.36 acres 65-70 dB DNL and 70-75 dB DNL 4 • BACKGROUND / DETAILS OF PROPOSAL Background: Beach FC(Virginia Beach Travel Soccer) is a private non-profit soccer club that provides professional instruction,training and competitive league play for youth soccer players. The applicant has contracted to purchase the subject property to construct an indoor soccer facility. The facility will be used primarily for league play and"futsal”training—a modified format of soccer played with five players per side, on a smaller field. Details of Proposal: The proposed 24,000 square foot building will consist of two indoor soccer fields, office space, locker/changing rooms, an executive board room, and a small mezzanine observation area. The facility will be used primarily on weekends, afternoons and evenings in poor weather months, although some training sessions and clinics may be scheduled during the summer. VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 1 II I I The elevations for the proposed building depict an approximately 27-foot tall structure. The office portion of the building,facing Buckner Boulevard, will be constructed of brick masonry. The exterior of the larger portion of the building will be split face masonry, gray metal panel siding, metal trim, aluminum louver vents, and gray metal standing seam roofing. Ingress/egress to the site will be accomplished via direct access from Buckner Boulevard and from a cross-access easement on the eastern side of the property, connecting to the adjacent commercial property. Vehicular flow onsite is depicted in a logical layout to minimize traffic congestion. The submitted concept plan depicts 113 parking spaces. There is a multi-use path that runs along Buckner Boulevard. Bicycle parking is provided near the main entrance. The submitted site layout depicts stormwater management facilities in multiple locations throughout the property. Additionally, a bio-retention area is depicted in the center of the western parking lot. As required by section 903(b)of the zoning ordinance, a 15-foot landscape buffer is depicted along the western property line, adjacent to residential development. The submitted elevation depicts a building mounted sign on the south façade of the building,facing Buckner Boulevard. A freestanding monument sign is proposed in a grassy area to the east of the main entrance at Buckner Boulevard. No elevation of the monument sign was provided. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped wooded lot SURROUNDING LAND North: • Self-storage facility/B-2 Community Business District USE AND ZONING: South: • Buckner Boulevard • Lynnhaven Golf Park/R-5D Residential District East: • Grocery store/B-2 Community Business District West: • Single-family dwellings/R-5D Residential District NATURAL RESOURCE AND A majority of the site is located in the 500-year floodplain with a CULTURAL FEATURES: small portion located in the AE flood zone. The site is currently heavily wooded. Besides lumber from the trees, there do not appear to be any natural or cultural feature on the site. 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 commercial centers and other non-residential areas. VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 2 • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): No CIP are slated for this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Land Use 2— 1,848 6,200 ADT'(LOS 4"C") 3 ADT Buckner Boulevard 8,800 ADT' g g00 ADT' (LOS 4"D") Proposed Land Use 142 weekday and 234 Saturday ADT 1 Average Daily Trips 2 as defined by 3.36 acres zoned B-2 3 as defined by two soccer fields 4 LOS=Level of Service WATER: This site must connect to City water. There is an existing 10-inch city water main along Buckner Boulevard. There is an existing eight-inch plugged city water service main extended to this parcel with CIP 2-073(Roadway Plans for Buckner Boulevard). SEWER: This site must connect to City sanitary sewer. Sewer and pump station analysis for Pump Station #551 is required to determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. • e EVALUATION AND RECOMMENDATION This Conditional Use Permit request for an Indoor Recreation Facility is generally consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area regarding compatibility of non- residential uses with residential uses and the surrounding area. In Staff's view,the proposed development will provide a needed amenity to the City and be a beneficial addition to the surrounding community. VIRGINIA BEACH TRAVEL°SOCCER, INC. Agenda Item 6 Page 3 li I The proposed elevations depict building materials that compliment other recent commercial developments in the area. The proposed concept plan depicts a logical site layout and sufficient landscaping throughout including an extensive amount of foundation landscaping. A 15-foot minimum buffer containing Category IV landscape screening is required for B-2 zoning lots that adjoin a residential district as the western property line does. The submitted site layout depicts the required buffer; however, an existing drainage easement is also located along a portion of the western property line. No landscape buffer plant material or stormwater BMP facilities may be placed within the drainage easement. The proposed stormwater management facility depicted in the southwestern corner of the property is within an existing drainage easement. Staff notes that this facility may need to be relocated out of the drainage easement. Should that be the case, the concept plan has allotted additional space for a potential BMP at the northeast corner of the property. Additionally, the existing plan depicts landscape buffer plant material within the drainage easement. Likewise, the required Category IV landscape buffer may need to be relocated out of the drainage easement. Both of these potential issues must be addressed prior to the final site plan review process. Based on Staff's evaluation of the request as provided above, the project is recommended for approval with the conditions below. 4 CONDITIONS 1. Except as modified by any of the conditions below, the site shall be developed substantially in conformance as shown on submitted site plan titled"BEACH FC—INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN,"as prepared by Timmons Group and dated December 01, 2015. 2. The exterior of the proposed building depicted on the Concept Plan shall substantially adhere in appearance and materials to the exhibit entitled"PRELIMINARY ELEVATIONS FOR BEACH FC," prepared by Morrisette Architecture and dated November 11, 2015. 3. A photometric plan shall be submitted at the time of final site plan review ensuring that any lighting for the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 4. A landscape plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site plan titled "BEACH FC—INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN," as prepared by Timmons Group and dated December 01, 2015. In addition, the landscape plan shall include the required Category IV screening along the western property line, required street frontage landscaping along the Buckner Boulevard right of way and the required landscaping around the dumpster facility as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 4 1 5. Prior to final site approval, the landscape plan shall be submitted and reviewed by Public Works Engineering—Water Resources for compliance with any requirements pertaining to the existing drainage easement. Final site plan approval shall not be issued until said landscape plan is approved by Public Works Engineering—Water Resources. 6. There shall be no BMP or any other stormwater management facilities located within the limits of any drainage easement onsite. 7. All signage shall adhere to the requirements of the City Zoning Ordinance. A separate permit shall be obtained from the Department of Planning, Zoning office for all signage. 8. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 9. The site layout shall conform to all applicable requirements of section 203 of the City Zoning Ordinance for off-street parking. NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 5 i r 1 s #T a 0*`-" , 0 CO u m ' , .,A 1 .0.- ... 14/ IN F t .. vit \ ,iii, , :,....s. ity Sif . AERIAL OF SITE LOCATION w VIRGINIA BEACH TRAVEL SOCCER, INC. 'f` Agenda Item 6 Page 6 • S 2t - I yN I ; WI •, ON D: =Q s o. 3 yy ow Caw, �o wu. 4 • Li w¢ S t. rcn arc 1 J � . a ww -R ' r 11 G ii udb m 0?,,, Nfn nC0 1 1 t _LI 1 LIE' u as z80 _LI \,,H41 af.¢O OF°. n¢6 —Y i W = E oI . 111, ' o I `1 ............O I �_ g i '' U nm 'i y 0 ! Z 6'.. . .,:::: 37... :.. 1U T:': .......•?,---- ait ,a1 : ' mr*--7- 0. ,11,77: il: : •-•:i cc 1 . , W MI \'',..v.:..7.7 • O � W AL, / a:".):7 4 0 1 OP:' ' I of .,'isre g \ I Z a lil 7 w ~a lil / r W z m 'LL a r-----_ ICO 0 CONCEPTUAL SITE LAYOUT VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 7 c 0 Oi _..- ■ • . . „_ :1:''''.- i 8� .,rt o �C Q o O bob p ® 4 _; i' WO\ . 0. • ' 6•\ -\\* . r' _ . IA 4". ' \'' y L. a., I, 0 �' -_% f - o� I— A. d .71 r O O 'f L I-- 43 \ ` e z . ... ‘‘411' 1 r ''*. .) w .i 1-- a xi r - W i •v X ST' °� V w y� U \ + e SITE AND SURROUNDING AREA EXHIBIT VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 8 alliallilliallik u, 0 :`. N N 1 .g i: CD 'iq LO O 9 CCIL Ct CI) Yyli WW Q ; iiiIiil l In CIL W CO <.v�- 1 tr, ._,-...„„_ i • 4r • t a t�'., • I I. 1. •. ,,, j ❑ t1 - 1:, :,. In ❑ , u: , .r f' ,, ,4'� > 11 I ( *� f • BUILDING ELEVATIONS „3 U, VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 9 N8N I Cr U Or o ma. $`_ o � C:() i w � L1J , • m rte. .AFI Q D Z ¢ b CC 2 u_ ! J ZCC pk CL a 4 .o-.crn '9f: : -mg.mj::-,'L---- 1 :.., i; . L.....: ilffillllLif - ___.—.. ___ _, ,: ''4 T. pig .o-sa _, 12 , r � II--J — _. 1r--- r.tc 4 FLOORPLAN VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 10 I,l • l • • -9w.wwrw r _ Existing Site's Eastern Boundary • Proposed Main Entrance to the Site r' U di • VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 11 �.F ROSE HALL DISTRICT Virginia Beach Travel Soccer, Inc. 46 „„4,- ,,,,,, , a , ,O 7\\ - d a. R-5D \ 1ai 2 70- dB DNt AICUZ 1 N.t. 65-70 dB 0 • CUZ B-2 >.: v`k�e`go..%eva1 d 8 ,`,, R-5D se 4 1-2 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 09/26/1995 CUP(Self-Storage) Approved 2 07/06/1987 CUP(Bulk Storage Yard) Approved 3 02/14/2006 CUP(Self-Storage) Approved 4 01/12/1999 CUP (Recreational Facility) Approved 5 04/12/1994 CUP(Motor Vehicle Rentals) Approved 6 10/24/2000 CUP(Religious Use) Approved ZONING HISTORY 1 VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 12 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 I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes (EDIP) Board ofException Zoniforng 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. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or ttit+ci? iit .5,_+ Page 1 of 4 AN i .r.>h;N , N NN � r�. r u c 1� 1 b DISCLOSURE STATEMENT VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 13 II f xa 0,4 wows beads 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) Virginia Beach Travel Soccer,Inc.t/a Beach,FC:George Albiston,President; Kevin Larkin,Treasurer;William Shepherd,Secretary;Steve Danbusky, Executive Director (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and z • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Ell Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Inl 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) Colonial Self Storage,L.P.: Norman C. Mason,General Partner (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 DISCLOSURE STATEMENT VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 14 t Vires Beech 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,Iii)a controlling owner in one entity is also a controlling owner in the other entity,or lull 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 11 • 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 I NO SERVICE PROVIDER(use additional sheets it 1 needed) ❑ ® Accounting and/or preparer of your tax return riArchitect/Landscape Architect/ Morrisette Architecture Land Planner Contract Purchaser(if other than © the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E ❑X purchaser of the subject property Li (identify purchaser(s)and purchaser's service providers) Xj Construction Contractors © Eli Engineers/Surveyors Morrisette Architecture 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 VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 15 I' li I NB Virginia Beach Financing(include current In fl,5 t 45 5,C Ps 6...,„1.1, t17( mortgage holders and lenders '�-o ..,bum k 1 fig""4I 4 N J� selected or being considered to ti I t�^ 8 q provide financing for acquisition F or construction of the property) XE Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for CB Richard Ellis of Virginia,Inc., ZEl current and anticipated future Haygood LLC 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 nz 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 ar. ublic body or committee in connection with this A..lication. Steve Danbusk , Ex. Dir _ APPLICANT'S SICNAT E PRINT NAME DATE � ,�,[/ 6n� A./,ie s/7.4 z , `/fb/.�, ,,,��� Gl�6�ne✓ {o✓(/��%n.�I fie. 1�S nr�t� t./fl. DOPER 0 NER'S SIGNATURE / PRINT NAME a I DATE9JA/ /5 The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT f. VIRGINIA BEACH TRAVEL`SOCCER,INC. Agenda Item 6 Page 16 NB Virginia Beach Financing(include current f.. S.s,..isiv^r A,+fh ® ❑ mortgage holders and lenders selected or being considered to j„w„e ban K/ Ji Bye r 9hdF I}on Ban k provide financing for acquisition or construction of the property) ® 0 Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/Agents for CB RichardEllis of Virginia,Inc.; current and anticipated future ygch C 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 ❑ 4 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 meetsof any public body or committee in connection with this Application. 1401.41v,%) l._ M/I. 1;%'-' evvi/5” APPLICANT'S SIGNATURE PRINT NAME DATE .4Cf. A./ho.se�r+ 6y.. ft u' "' /�` 4/14.(.....4.. p/TD/At,/ $ ✓ %n..I�c./f S"nra i.. 4.AKOPER'S SIGNATURE / PRINT NFAME [DATE9� 1$ 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 VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Item 6 Page 17 II Item#6 Virginia Beach Travel Soccer Conditional Use Permit Indoor Recreation Facility North side of Buckner Boulevard,west of Holland Road District 3 Rose Hall December 9, 2015 REGULAR Jeff Hodgson: I will ask the Secretary to please call the first item. Phil Russo: Mr.Chairman,the only matter being heard today is item 6,an application of Virginia Beach Travel Soccer for a Conditional use Permit(Indoor Recreational Facility) on property located on the north side of Buckner Boulevard,west of Holland Road, District 3, Rose Hall. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Russo. Mr. Chairman and members of the Commission, Eddie Bourdon, Virginia Beach attorney representing Beach FC, Beach Futball Club on this Conditional Use Permit application. The subject piece of property is a piece of unconditional B-2 property roughly 3%2 acres in size on the north side of Buckner Boulevard behind the Wal-Mart Marketplace that fronts on Holland Road. To our north, northwest is a storage facility here. Across the street is public storage. The Buckner Farms community is located to the west and across Buckner Boulevard down here. Not in close proximity across the street.There are a total of two homes in Buckner Farms that adjoin our property. Well actually,there is a strip of property between our property line and theirs that is still owned by Mr. Foster. We won't get into all of that. We're not proposing to do anything with that small strip of land. There is a large drainage canal that runs across there as well. The application, as you are all aware, on this unconditional B-2 piece of property is for an indoor soccer training facility. The facility being proposed, again it is indoors, but over in this part of the property here(using PowerPoint)with an entrance that is provided for in the subdivision of this commercial property here,with a cross access which provides access to two other entrances on Buckner and an entrance on to Holland Road as well. We have provided a landscape buffer along the western boundary plus a 15-foot access maintenance easement for the existing drainage that exists along here. Part of that easement is being dedicated and doesn't exist today. Another part down on this corner,there is excess easement has existed for years never has been used that basically is going to be vacated by the City in that trade-off. The facility itself is solely indoors. It will be landscaped along the front. All of the foundation landscaping will be provided per ordinance. There is nothing out door,only indoor. There is a little over 4,000 square feet of office space in the front. This is an all brick structure. The indoor facility,the actual size of it is about 19,500 of activity space. It is CMU on the bottom and then metal above. It is very,very similar to the Wal-Mart in terms of the materials and terms of the appearance. The Beach FC has been in existence for 33 years in Virginia Beach. They provided use soccer opportunities, recreational level, advance level and travel soccer level. There are between 3,100—3,200 kids, children up to age of 18 playing on teams that are in Beach FC's leagues.And they have over 50 nationally certified trained and paid coaches. Well over a 100 trained volunteer coaches in their leagues that they provide for the youth for the City of Virginia Beach, and for the Hampton Roads Community for that matter but overwhelmingly, the kids who participate,and I was blessed to have two children who played soccer with Beach FC in their leagues growing up,all the way through high school and one even into college. Virginia Beach has a reputation Item#6 Virginia Beach Travel Soccer Page 2 of being one of the hot beds for soccer in this country. Have a heads upon a lot other areas,for a long time because of, in a large measure,the folks at Virginia Beach Travel Soccer, Beach FC. That is another private club that is in existence here as well. It has been here as along but still they do a good job that is why high school teams do extremely well in state competition. It is great to have these opportunities in our city and the soccer mecca that we've become. Beach FC sponsors Columbus Day tournament,which is a national tournament. People come here from all over the eastern part of the United States. Sun Cup,Spring Classic. The Coastal Kick Feast,and there are substantial supporter of the North American Sand Soccer Tournament at the City,at the Oceanfront, which I think everyone is aware of. This facility, and the facility down the street,which is outdoor soccer fields, and indoor facility,that is 40 percent larger than this one. When that one was developed, it was developed by an individual name Mr. Ozic, and at that point Beach FC was a tenant. They are no longer a tenant. They haven't been a tenant there for a couple of years.This is in no way,shape or form what that facility is. It is not an outdoor facility at all. It is just an indoor facility that is 40 percent smaller than the one that Mr. Ozic owns, and operates down the street. It is just for Beach FC. They will have their offices in here along with the offices for the coaches,conference rooms for meetings where they do training for their coaches.And this is boys and girls. There are almost as many girls in their club and play on their teams as there are boys. So,that is what this about.Traffic is a lot less than it would be with any commercial use, almost any commercial use on this property. We won't be having drive-thrus open 24 hours a day or fast food. We won't be having any restaurants serving alcohol until 2 in the morning or any of that stuff,which could go on this property as a matter of right. My client has also open space,which I didn't mention it. It is owned by the Buckner Farms community. My client has met with the four home owners who are in close proximity to this facility and they have all expressed no opposition what so ever to what is proposed. We've also met with the Buckner Farms Board. I went to a meeting. We had coordinated with them months in advance,over a month in advance, but there was some confusion.There weren't that many people there, but we were provided an opportunity to speak at meeting. We also sent representatives to the First Precinct CAC meeting where we understood, it was going to be discussed, and it was not discussed. So, we are scheduled to go and meet with the subsection of the Buckner Farm community where we've met with the adjacent residents who don't object. We are going to their meeting in January. The conditions that staff has recommended,are all acceptable to my client. I do understand there is, because I've spoken to Ms. Russell that she has opposition to this application. I will mention one thing to you that I've spoken to Ms. Russell about in a conversation that she had with Mr. Wall after the Buckner Farm's meeting. At that time, she was asked as to what her objections for this facility would be or were. She,at that point said,to Mr.Wall,you should come down tonight after you leave here, and look at what's going on across from our neighborhood. Ms. Russell lives in Cardinal Estates. And Ms. Russell is a wonderful person. She has done a great job with that neighborhood. And to come and look and then she said,wait a minute, it's raining. There won't be anything. You don't need to come down tonight. We won't have any traffic problems tonight. Well,the reality of it is, her concerns have to deal with the lights at the outdoor fields,and the traffic from the four full size soccer fields that exist on that facility, because their indoor facility was operating as it does during bad weather months constantly. And it is 40 percent large than this,yet she told Mr.Wall there is no problem when the weather is bad. Well,this facility is only going to be used when the weather is bad. It could be used somewhat for practice and other things when they just want to do some technical training during good weather months. It is conceivable. But by her own admission,there is no problem unless the outdoor fields are being used.There are no outdoor fields here and none will be here. Just an indoor facility,just for kids to play indoor during the bad weather months,and they will do some training during good weather months, but it is much, much more sporadic and the amount of traffic is very low. We can get lilt Item#6 Virginia Beach Travel Soccer Page 3 into specifics if you all have questions about the traffic but the amount of parking, 113 spaces rarely ever will there be more than 80 spaces occupied and that is only when people are changing over on Saturday and Sunday during the bad weather months when the two games that will be playing are leaving and the next two games the kids are coming to play the next two games. I'll be happy to answer any questions. I appreciate the help of staff on this application. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thanks Jack Wall: I do have one question. This isn't pertaining to traffic or to the parking. The landscaping on the adjacent to the residential,you may have mentioned this and maybe I was hesitant in taking some notes. It has been proposed to maintain existing internal landscaping. Eddie Bourdon: Both. Jack Wall: Between the 30-foot buffer space? Eddie Bourdon: Well. Jack Wall: The 50-foot easement? Eddie Bourdon: Right. In the 15-foot furthest west,that will be mulched but because it is an access. It is only for access for the city to maintain the canal. We can't put any mature vegetation in. The 15-feet furthest east,we will both maintain existing trees to the greatest degree possible, and supplement those trees with additional landscaping to meet the Category IV requirement of a full solid evergreen buffer. Jack Wall: Okay. One thing is that on the survey I had,there was a 48 inch Oak at the corner of the property. I am guessing but I don't have a physical layout of the property. Eddie Bourdon: Are you talking about up in here. Jack Wall: Yes. Eddie Bourdon: We won't do anything with that whatsoever. The Public Works folks and Larry Barry and our engineers were out on the site, and just making sure it was all working,and their statement to us was, and Jimmy mentioned it, we're fine with that. We don't want you to take down trees that you don't need to take down, and we certainly prefer not to take the trees down that exist along in this buffer area. Some will because they are inside the area where we will have to put the parking lot but we will supplement that so you will have the full landscape screening along the entirety of that western boundary. This is the primary residence that's even affected,and again there is one up there where that tree exists and these other residents who we've spoken with. Jack Wall: Also, can you speak on, I'm sorry,thanks for that response. The potential for future expansion, I believe there is an initial plan that had expansion. Eddie Bourdon: Yeah. Earlier, when this was being initiated submitted before we had a chance to lil Item#6 Virginia Beach Travel Soccer Page 4 actually get together with the engineers, and work through it,they had put something in here about potential expansion.That totally is not going to be conceivable because the reality is that under the new stormwater regulations where is says this property is not grandfathered under the old regulations,this will most likely wind up being open space,and BMP. It is not large enough to even accommodate expansion. Originally,the area that was set aside here was a little bit larger. It is almost a certainty that we will wind up using some of this space.We want to try and create some open space. Keep some area that is green but there is not really any chance for expanding this facility,certainly not for putting anything outdoor. It is conceivable to putting a little storage shed as part of the structure 20 years from now. Not anything that is going to be of some consequence. Jack Wall: Okay. Thank you. Jeff Hodgson: Are there any other questions? Thank you sir. Eddie Bourdon: Thank you. Phil Russo: Mr.Chairman,our first speaker in opposition is Linda Russell. Jeff Hodgson: Good afternoon Ms. Russell. Linda Russell: My name is Linda Russell. For the record, I am Linda Russell. I am starting to sound like him aren't I? This tells you how many times I've been here. First of all, let's just forget my neighborhood. Let's forget the lights whatever. As you all know,we've came here, I think Mr. Lowman was here, I think you two were here,and you all didn't listen to him,when we had the traffic problems them. They are saying there are only 8,000 cars whatever.There are 12,000, and I'll give this to him. There are 12,000 cars on my street,which is Shipps Corner Road, and it is the same road. The road actually was opened up was okay with us,and it went over to Buckner,that road was opened for our emergency vehicles,our fire department to get to our new hospital. And also to alleviate traffic off Lynnhaven, which wasn't even open yet. So, I don't care if it is a soccer field. I don't care if it is a bar. You can't have that much traffic. You can't have that many cars coming into that road at one time. It is too much. I darn good well,they can put something else in there. He can steer you all he wants too, with whatever can go. In fact when the sign went up,when any sign goes up in my neighborhood, I've been there for 50 years. If you want to know something, ask me.Okay? I've watched it all. We came in scared to death little military wife with two kids. My husband is a Vietnam veteran. I've seen it all. Have you seen me here before you objection to anything else? I'm sorry. I am at my whits end. I don't why you guys can't understand. The police have told you. I've told you. He's talking about the CAC. I'm a member of the CAC. We have an awesome President of our CAC right here. I hope you guys will listen/ to her because you're not listening to me. You're not listening to the police. Please listen to her. I don't know what else to say. Jeff Hodgson: Ms. Russell, so primary concern, I think your sole concern is traffic. It is nothing else with this facility other than you feel like this facility is going to bring too much traffic to that road? Is that a fair statement? Linda Russell: At one time.You can't have anything there that is going to put a potential of a 113 he says. Listen. This company started out in 2004. You two guys were here. Heck, I was just a happy as 1111 Item#6 Virginia Beach Travel Soccer Page 5 everybody else. It was supposed to be a practice field whatever. These are the same people. You can sugar coat it all he wants too. These are the same people. Jeff Hodgson: The same people that built the Rush Facility across the street? Linda Russell: The very same. It is the same people. You can sugar coat it all you want too. Those are the facts. Okay! I think even your name is on there. It is just a pattern. They are not going to change. Okay. I don't care. You can sugar coat it all you want too. Jeff Hodgson: I am just trying to make sure I understand.The traffic is an issue. Linda Russell: The traffic.You can't put that many cars on that road. Right now, I sit there, and something that could take me six minutes. I take my grandson every day. A trip that should take me six minutes to get me from where I am to TCC right now, it takes me 30 minutes. I take him the other way on Great Neck Road. I get stuck on Shipps Corner Road there. I get stuck coming back. I was stuck the other day where people. You're forgetting you're going to have a drop off probably. They have a drop off where they are now. That's traffic. Jeff Hodgson: I am not trying to diminish that but I can tell you on my route home, I sit in traffic on every road I take, and I have an office right beside here, right on London Bridge, and I drive Shipps Corner virtually every day,so; I know that area pretty well, but it sounds like the option for you is to put nothing there ever. Linda Russell: Look, I was the one that got the Wawa there. They were going to put four little shops. When that sign went up, when any sign goes up in my neighborhood,a real estate sign, I call that number and ask them immediately what is going to be put in my neighborhood. You haven't seen me here? Jeff Hodgson: I appreciate you watching out for your neighborhood in the city. Linda Russell: And I do. Thirty of our children came there.They chose in 1963. We have 30 children that chose to live in my neighborhood. We came there in the military. The military lived there for 18 months. We came there and they stopped doing that. You can ask Karen Lasley. It is a mobile home park division. We're tearing down the old trailers. We're putting brand new trailers in there with brand new module homes. You know what I am saying? Jeff Hodgson: I understand. Linda Russell: We live there. I have to make sure they are safe. Jeff Hodgson: I understand. Linda Russell: Do you think I want to call 9-1-1. Right now, my neighbors call 9-1-1. They can get to the Princess Anne Hospital in 6 minutes. They are not going to be able to get that hospital in 6 minutes if we got 70 cars at one time. Yes, I want something put there. I was the one that got them to put a Subway P lilt Item#6 Virginia Beach Travel Soccer Page 6 and a couple of more little shops. I was the one that talked to the Mayor in getting the Taco Bell. No, I want something there. Jeff Hodgson: Okay. Linda Russell: I think by the Shell that you paid attention when you came or something like that. That is what the City wants. Last week you just approved the arena. I was right here in support of that. Jeff Hodgson: Okay. Linda Russell: It is not right now. You know right now at Warwick and Holland,they were going to put an Asian Town right there. They were actually going to put the hospital right there. That is a big development. You can't think right now. You have to think fair. When Holland Road opens up,we're going to look like Landstown. There is nothing wrong with that. There is no big development up and down Holland Road. Don't you see the size? I know. Jeff Hodgson: Are there any other questions for Ms. Russell? Thank you. Linda Russell: Like I said, I want them to build. I just don't want that many cars at one time. You can't even ask us to do that. Okay? Jeff Hodgson: Okay. Thank you. Linda Russell: I hope you will listen to Fran because you sure as hell are not listening to me or the police department. Phil Russo: Our next speaker in opposition is Fran Laskey. Jeff Hodgson: Good afternoon. Fran Laskey: Good afternoon. I'm Fran Laskey and I am on Storm Bird Loop in the Buckner Farm Development. I want to clarify two things. I am here speaking as Fran Laskey,concerned citizen. I am not speaking on behalf of the Buckner Farm Development, nor,am I speaking on behalf of the CAC.Yes, I am President of it. Yes, and I do have a question that is not in my notes. Mr. Bourdon made a statement that he was at the First Precinct CAC meeting or some representative was. As President of the First Precinct CAC, usually when a group comes in they identify themselves. And you say"Hey Fran, we're here, can we have a couple of minutes to do something"? Well,that did not happen at the December meeting. It didn't happen at the November meeting, and it didn't happen in October. So, I would know if someone was at my CAC meeting that I didn't know about. So,that is the question that I have. Proposed use? I compliment Mr. Bourdon because he did for you today what he did at the meeting at Buckner Farms Homeowners Association. He pointed out every possible bad use for that piece of property. Freestanding bars, as far as I know, are not permitted in the City of Virginia Beach. So, I don't think there are going to be freestanding bar on the property. That is number one, and number two,fast food restaurant. Any restaurant, any bar is not going to go there. I don't think because it doesn't have visibility from the street. You can't see what's back there,so;frankly, I would doubt that it would go for that. I'm not objecting out right to the use of that piece of property as a Item#6 Virginia Beach Travel Soccer Page 7 soccer training facility. I'm questioning what I saw originally which it was the open space,the map I originally received said, potential expansion. And may I ask for courtesy to go on? I see the flashing yellow light. Jeff Hodgson: You can continue. Fran Laskey: Thank you. It was there on the original plan. And I assume it was removed. One of the caveats that I would like from the Planning Commission should you approve of the soccer facility there, is that there be a caveat that there will never be another facility, an expansion per say, on to that piece of property because it will require additional parking, additional cars, etc. I don't think I am being unreasonable in that respect. My primary concern is that of safety. I spent 33 plus years as a teacher and I think those 33 plus years gives me a little bit of knowledge about children and whether there are 5 or there 18, kids will be kids, parents coming to drop off and pick up their kids. We live in the age now that we didn't live in before. It is called the age of technology. We got the cell phone in one hand, and who knows what else, maybe the coffee from the Starbucks or McDonalds in the other hand. We're distracted when we drive. Many people are,and that distraction occurs whether or not you have that phone in your hand, and ear piece in your ear,or the mobile device that I have in my car that permits me to turn on phone on and just talk while I'm talking with two hands on the wheel,which I don't usually do. If a parent is in a hurry, I'm concerned. You got 70 cars at time going in and out of there possibly.You got distracted drivers.You got a shortcut being taken possibly, and I am not saying possibly and I am not saying it will occur, but you got a shortcut being taken through the Wal-mart parking lot. We all know what it is like to drive in a parking lot, and puling in and out, and having a distracted driver, or drivers to that, isn't good. Having kids across from a 7-11 or running to the other side of Holland Road, it is a problem to me. It is a safety concern and it is a safety issue. So, I do have that, and there is no way to prevent it. I understand this and I understand it clearly. There is only one point ingress and egress out of that property. When you turn in to it, it has to be a right turn off Buckner Boulevard and when you go out of it, it again is a right turn onto Buckner Boulevard. My firm belief is if all of those people are having to make those right turns coming in, it could cause a backup if they are making the right turn off Holland onto Buckner, it could cause a traffic jam on Holland Road. I know there is a right turn lane there, but I'm still concerned about that. Making the right turn out of Buckner, if you don't want to go that way, if you're coming from the opposite direction,you're going to want to cut through the Wal-mart parking lot as quickly as you can,and then jump onto Holland Road, make the U-turn to go the other way. To me,that's a traffic concern and that is a major concern. I would like that addressed also. Posting of the signage by the way? I watched from the first time I learned about this property use coming in and the Conditional Use Permit. I looked for the orange sign. In fact, I went to the parking lot for Wal-mart, and I parked my car and walked around. I couldn't'find it. And it wasn't until I would say a week or so, before Mr. Bourdon and his group appeared at the Buckner Farms Homeowners Association meeting,that I did see an orange sign. So, I questioned this. It could have been the sign was stolen but in no way was that signage there in sufficient time to anybody really being able to be prepared for questions. I would suggest that perhaps if Commission is still interested in approving this usage,you take into consideration what I am saying, and also perhaps give Beach FC an ample opportunity to address conditions to the neighborhoods. There are 782 homes in Buckner Farms. I know that a majority of them are not affected, however,the homes that are on the same side of Buckner Boulevard, and I don't know north, south,east, and west. I am geographically challenged. They have,when they come out of their developments there,they really will be affected by any additional traffic. I am concerned about police. I am concerned about fire. I am concerned about rescue. I am Jill Item#6 Virginia Beach Travel Soccer Page 8 concerned about safety.Those are my major concerns in terms of development. I thank you for listening. Jeff Hodgson: Thank you. Fran Laskey: Do you have any questions for me because I can answer them? Bob Thornton: You made a comment,and I think I understood properly,you said you wanted us to ensure nothing else got built on this property? Fran Laskey: If you approve of Beach Soccer,going in there,the initial plan that I saw, and I have a copy in my hands,which I will share with you, didn't' show the future expansion site. Bob Thornton:Well,the one we are approving is on the wall. Fran Laskey: That is correct. And I will go back to the microphone. I don't want to say been here,done that because I've only done it once. If that site was in the back of the mind of Beach FC, I can see the possibility for them wanting, maybe not just a storage shed, but actual expansion of the soccer training facility that 20 years beyond the road,that Mr. Bourdon referred too, and my concern is that whether it is 20 years down the road,and I'm not around to see it, or if it is 20 months down the road, adding to that facility is going to add to my safety and traffic concerns. And there is safety concerns more than anything else. So, it is not like I never wanted anything there. I just don't want any addition in there if 113 parking spaces that are proposed in the plan now,are only sufficient for that facility, expanding it in any way, then will require additional parking spaces. Where are they going to come from? I know the dimension is we only need 80 parking spaces at any given time. Sometimes yes and sometimes no. Sometimes,there are sessions or games that are very well attended, and there could me more than that. So, it is a concern to me. Bob Thornton: Thank you. Fran Laskey: You're quite welcome. Jeff Hodgson: Mr.Weiner. David Weiner: Mrs. Laskey? Is that right? Fran Laskey: Yes. David Weiner: Okay. On behalf of that real quick,we're looking at this site right here. There won't be an addition on that building because of what you're talking about with the parking spaces. It would have to be back in front of us,and Planning,and particularly what is going on there right now. There won't be an addition to that building. My question is being the President of the CAC,and you're not talking from the CAC. Is there a reason for that? Fran Laskey: Is there a reason for that? Our Citizen Advisory Committee,our purpose is not to come before any boards and before Council and say that nobody or a majority or whatever approve or Item#6 Virginia Beach Travel Soccer Page 9 disapprove of something.That is no within our by-laws. We do try to the best we possibly can for the police department to improve and ensure there are positive relationships between the community and the police department,fire department, etc.,and I work very hard in that for 5 or 6 years as President of the CAC to do that but it is not my job to come before you and say that. David Wiener: Okay. I understand. I was on the CAC and it was very vocal. So,what are you views on this or their views on this? Fran Laskey: Because it did not come fully before the CAC,there were no views from the majority of people. When Mr. Mellon mentioned it, Bill Mellon mentioned this there were a number of people who were at that meeting who commented about it. And I can't quote them directly. But basically their question was,why do we need another facility? And by the way if you want, I can send you a copy of my notes, but this is not in my notes at all. That I did not attend intend in any way to say what was said at a CAC meeting. David Weiner: Okay. That is no problem. What about Buckner Farms HOA? Fran Laskey: Buckner Farms HOA has a... Let me go back and I'll address the CAC. Their main concern was why do we need another soccer facility so close to the existing one? They were kind of surprised by that. The Buckner Farms Homeowners Association, there were a number of people who played for Beach FC and who are very positive of about what Beach FC can contribute to the soccer community in Hampton Roads. There are other individuals who have concerns, and the concerns are palatable facts and the two property owners that are there,and also how it is going to affect traffic in the neighborhood. So that is a major concern. It is divided. It is not something that we voted on. David Weiner: Okay, understood. Thank you. Jeff Hodgson: Are there any other questions? Bob Thornton: I got one parting comment. Jeff Hodgson: Mr.Thornton. Bob Thornton: Our charter, I'm sure you know,we are not in the business on this Commission to determine the need for something. Fran Laskey: I understand that. Bob Thornton: That is a market condition. We're only charged with determining whether it is proper land use. While your CAC,or whoever, is worried about another one of these facilities,that is not something we consider. So,for future,you can let them know if you have other meetings about other matters,that is not part of our consideration. Fran Laskey: We are very fortunate as a CAC and that Bill Mellon attends most of our meetings, so when questions of planning and zoning and, I am not familiar with them that come up, Bill is there to answer them, so; as I said,we are very fortunate. Bill has been wonderful with us. 111 Item#6 Virginia Beach Travel Soccer Page 10 Jeff Hodgson: Are there any other questions? Jack Wall: I just want to that we appreciate you coming and speaking and we value your opinion. Jeff Hodgson: Real quick.When I heard 142 trips weekday and 234 on Saturday, I personally thought that was pretty low. I was kind of surprised on how low that was especially when you look at the existing land use as defined by the B-2 is 1848 average daily trips, which is significantly higher than what they are proposing. So,just for fun, I clipped back to our application that was on here earlier today for a small vocational school, I mean very small. There average daily trips are 130 projected.So, I'm looking at this and it seems like this is going to be a very light traffic load to that area given the size of that site. I think something can go there that could be considerably more demanding on the roadway than this. I think this is a pretty good option for that piece of property. Fran Laskey: I will just go back to something Linda Russell said to me privately, and I'm sure she doesn't mind if I share this.As we sitting outside waiting to come to chamber this afternoon, Linda said to me, you know, we got"x" amount of cars coming down Shipps Corner, and they get to Holland Road, and from what I understand,that is a high traffic area. I travel it frequently just as I travel Buckner Boulevard. It is a great short cut for me, and to be very honest with you. And she said,where do they I guess, Planning Commission, think that all of those cars are going to go? Are they just going to be disappearing? I know personally, I avoid Buckner Boulevard lots of times because I sit in traffic,and it is the traffic that's coming. It is a short cut. Buckner was opened up to alleviate traffic on Dam Neck and I'm grateful for other roads in the community. And putting any additional traffic, and as Linda pointed out to me, she said those cars have to go somewhere, and they are not all making rights and lefts onto Holland. They are coming down Buckner because that road was opened up for that purpose to alleviate traffic elsewhere. So, I think the concern we have is adding any additional traffic to it particularly traffic that comes out all at once.You've got that how every many cars going in and out there at the same time, so it is congestion. Jeff Hodgson:Just imagine, if you had what could go there, say an office building that had 1800 cars trying to get in and out of there say at either at 8 am or 5 pm when work lets out. I think this is a far less intensive use because the property is going to get developed. I mean,so I would think you would be in more favor of something that is going to be less intrusive on the roadway. Fran Laskey: You just indicated something to me that saying would you like 1800 cars coming out of there?Can you tell me in all honestly that 1800 cars, and I believe, I am quoting you correctly,would be coming out of there at any given time? Jeff Hodgson: Based on calculations on what our Traffic Engineering does, and they are pretty good at this.They can look at the size of a piece of property, how it is zoned,the type of business that can go in there, and calculate the average daily trips. Even if they were off by 50%,you're still looking at 900 cars average daily,and this is a fraction of that. So, unless I'm missing something, I just think this is a much better use for the neighborhood, and you're going to get something that will create less traffic then something may a year from now that is going to create 10 times that. Fran Laskey: I am not arguing that point with you. I am just saying that as a person, as a individual living in the area, I do have a concern, and I have safety concerns for children. 11 Item#6 Virginia Beach Travel Soccer Page 11 Jeff Hodgson: I appreciate that. I really do. Are there any other questions? Thank you very much. Fran Laskey: thank you. Jeff Hodgson: Do we have any other speakers? Phil Russo: Mr. Bourdon. Eddie Bourdon: thank you Mr. Chairman. I appreciate both Linda and Ms. Laskey coming down. Let me start by indicating. I got word that Ms. Laskey had some concerns about this project from City staff, and I believe those concerns originated when she got information about it,and I think it may have been discussed at the November CAC meeting. I am not familiar with CAC meetings and I have been doing this for 33 year and haven't been to a CAC meeting. But, I attempted to dialogue with Ms. Laskey sent some emails and really didn't get any feedback. Our feedback today has been extremely reasonable. I certainly understand and appreciate her coming down here but we would have talked to her gladly had she responded. I know she was at the Buckner Farms meeting that we attended.And at that meeting, we set up and spoke to the residents who came in prior to the meeting, and had very good dialogue with those. It wasn't a large crowd but very good dialogue. But there was one couple in particular that indicated they were very supported of what we were proposing, and we left the meeting,we were outside speaking myself, and we had a number of representatives,our engineer, architect,club members, speaking to Ms. Russell and her son. And, as we broke up,this other couple who actually expressed support came out, and Ms. Russell told them specifically, "please come to the CAC meeting tomorrow night." She was trying to shush them up. "Come to the CAC meeting. I've got more information,and we're going to talk about tomorrow night." So,the Decembermeeting,two of the gentlemen who had come with us from Beach FC to the Buckner Farms meeting attended the CAC meeting,Tom Dye and Steve Debonski, and they say through the entire meeting,and this topic was never brought up and never discussed. They weren't invited to come and speak. I didn't know if they should have and frankly, if Ms. Laskey would have responded to me,and said it would be nice to have someone come and speak at our CAC meeting in December,we would have been there and ready to speak. But they went there to see what was going on since Ms. Russell had encouraged this other couple that they shouldn't be supportive and they should come and hear what that hat to be said at the CAC meeting.That is what she said. We were all there listening to that, and that did not happen. So, that is the answer. They were at the December meeting. As far as the concern about the sign,the signage was posted according to Tom Dye, who was the project manager within Beach FC, and he drove by the site about a week later, and the sign was gone. He immediately came down and reposted the sign. That question was asked of me last week. I provided an email with the information to staff. I think that information was passed on to you guys. Okay. I've never used the term freestanding bar. Freestanding restaurant with drive-thru and restaurants that serve alcohol both are permitted on this property. I would have never used the term bar. In fact,you couldn't put a "bar" as defined in our zoning ordinance on this piece of property because it is too close to residential. But that doesn't mean a restaurant serving alcohol until 2 am couldn't go there by right, and that is exactly the terminology I've always used. With respect to traffic,this facility, because of its size, it is small,the maximum amount of car traffic that would be generated would be during the winter months, and weeknights 5:30,first set of teams coming to play futsal would come in. There would be a maximum, and if nobody car pooled,you would have 40 cars arrive around 5:30. Typically,they would be carpooling. But that is the maximum amount of kids to put 40 foot sol teams, 5 a side,with five subs out there at one time. An hour, hour 15 11 Item#6 Virginia Beach Travel Soccer Page 12 minutes later,the games can run a little long. You will have 40 more, again maximum. It won't happen very often. Because it will be less, 30-34, cars arrive,while the other teams,who just finished playing, if they all left,and sometimes you have multiple kids playing on multiple teams.You'll show up. You'll bring both kids,you'll leave them there. You would go shopping. One kid will play. He will be done. The next kid will play in the next game.So,again, worse case,you may have 40 cars coming and 40 cars leaving,within a 20-25 minute span,when there is a changeover in games. And there is no traffic except for the office use, a handful, 2 or 3 trips during the daytime hours, anytime. Now during Saturday and Sunday, bad weather months,there is just described the changeover,the use of the facility would be, with that changeover,that's the maximum time you would have car traffic. There is really no chance that the parking lot will ever be filled. The reality of it is it is way over parked in our view. We've discussed with staff about getting a variance to try to reduce the parking. That is not something we are going to pursue but I will tell you that the club is certain that we putting more parking in there because that is what the ordinance requires than is going to be necessary. That is not a way of suggesting we are going to expand either. Because you are all correct. This facility cannot be expanded. It could not be expanded without coming and going through this entire process, and it could only be expanded if it could meet the stormwater regulations and the parking regulations. And, unless those regulations change, which none of us knows what may happen in 20 years, but unless those regulations change, there isn't room on here for any substantial expansion whatsoever. Ms. Laskey is absolutely right,as I mentioned in my presentation initially,there appeared to be more land available but that was before the engineers got involved in doing the calculations with what's happened here with this change. I've been told that is almost any certainty that we will wind up BMP over in that area,which would preclude for all intense and purposes any expansion. It is on the record. Like the rest of us can't and city Council can't determine what may happen in 20 years when regulations and things changes, modes of transportation could also change.The other thing I will mention.The traffic numbers are well below any reasonable use that would happen on this piece of property,whether it is an office or a retail commercial use. Buckner Boulevard is a very short distance east of Holland Road, relatively short distance west to Rosemont. A very short distance once you're on Holland Road,to Dam Neck, major east-west collector arterial in the City of Virginia Beach. If you go across Holland,Shipps Corner, again short distance from London Bridge Road. This is located in an area of the City where you have really three substantial north-south arterial highways,as well as Dam Neck,which is the Virginia Beach Boulevard without all the commercial, as far as, moving traffic for the middle of the city,or the southern-northern part of the city. So,there is tremendous disbursement of traffic from this location available, but this is not a high traffic generator to start with. The other facility that I know is really Linda's concern four full size soccer fields, in addition to an indoor facility that is 40 percent larger than this one. It is comparing apples and oranges in terms of traffic. And, I am not here to tell you that traffic there is awful or horrendous. But I am not going to get into an argument with Linda about it. But this is not that facility. And I'll be happy to answer any questions or anything that I failed to address. Jeff Hodgson: Are there any questions for Mr. Bourdon? Jan Rucinski: I have a couple of questions. Jeff Hodgson: Ms. Rucinski. Jan Rucinski: If Virginia Beach Soccer is not the one that has the complex down the street,the 11 Item#6 Virginia Beach Travel Soccer Page 13 application shows who made out the application. Eddie Bourdon: When it was originally done. Jan Rucinski: 2006, I think was the date. Eddie Bourdon: I think it might have been before. Jan Rucinski: 2004. Eddie Bourdon: I think that is correct. The application, if you look at the application, it is Mr. Ozic and Virginia Beach Travel Soccer. They never owned that facility. They, along with Mr.Ozic who built it himself, it is his property, he built it, he bought the property. We are the applicants and no one,and it is typical,when they are going to be the major tenant,they had a 10 year lease, I believe it was,and it was later extended,that is like anything else that comes up here. They are the applicant along with the property owner. Mr.Ozic was the owner. Like today, Colonial Self Storage is the owner of this piece of property. And they are on the application along with Virginia Beach Travel Soccer. Virginia Beach Travel Soccer in this case, is under contract to buy this property. They are not renting this property. Jan Rucinski: They were going to rent. Eddie Bourdon: It is exactly right. It was a long term lease, and that is why Mr.Ozic. I think would have done it anyway, because he could take to the bank that long term stream of payments from the lease to get financing, he built it, and they leased it. And that lease was extended once, and it has been terminated, so Beach FC is the contract purchaser of this property.They are not renting it. If this goes through,they will acquire the property and they will own the facility. They won't be subject losing their lease. Jan Rucinski: Thank you for that. Eddie Bourdon: You're welcome. David Weiner: I have a question. Jeff Hodgson: Yes, Mr.Weiner. David Weiner: Mr. Bourdon. In the summer time,when it is nice outside and all that, and I know there might be some wet Saturdays,or something, but besides that,this facility will not be used? Eddie Bourdon: It should not. There is the potential that what Beach FC does is they run camps in the summer time, and kids don't want to be inside in the summer time. But what could certainly be the case is the during the course of a week-long camp,there may be some inclement weather, and they may come over here and use the facility for a day or two, but it would not be programmed to be used on a regular basis during the summer time. David Weiner: It is still not going to generate? Item#6 Virginia Beach Travel Soccer Page 14 Eddie Bourdon: No. That is why we focused on the months basically,January, February, some December and some into March but it is really January and February when the peak use of this facility will take place. But during the summer, and even during the shoulders season when soccer is at its peak, there have lots of fields they use elsewhere. There may be some utilization of this facility on an occasional basis for some special training, short size special training but nothing compared to what is still low numbers as I described here. Jeff Hodgson: Are there any other questions for Mr. Bourdon? Thank you sir. Are there any other speakers? Phil Russo: Mr.Chairman,there are no other speakers. Ross Brockwell; I have a question for staff. Would you like me to get it now? Jeff Hodgson: Go ahead. Ross Brockwell: Two,just really quick. Can you guys just confirm the signage to best of your knowledge that the notice was posted according to requirements. Jimmy McNamara: According to the applicant's representative, as he said,we got the same notification that you guys got today. Ross Brockwell: And Rick, I'm glad they went and got you. To me,the traffic situation, I agree with you Jeff. I think it seems clear, I am comfortable with it, but I did want to ask is a left turn out onto Buckner Boulevard supposed to be prohibited? Rick Lowman: We're going to take a look at that. The median stop where it stops,and based on where it stops, left should be able to come out of there. But we're going to look into that more, and I know we have a pre-design meeting. That could be a design detail. Ross Brockwell: Okay. Rick Lowman: Rick Lowman,Traffic Engineering. Ross Brockwell:That to me seems like the only question that was on traffic, because right now it is stripes so you could pull around that median. Rick Lowman: Yes,You can cross the stripping in there. You can cross that. It is not illegal to make a left turn across it. We've been asked that question also. We would probably make some modifications to it to make it more clear that you can. Ross Brockwell: Okay. Thanks. Bob Thornton: they have a cross easement that takes you over to the Wal-mart exit so there is a way in there. There are two ways in and two ways out because of the cross easement through the Wal-mart parking lot, so, it is not like everyone is coming out of that one spot. 1111 Item #6 Virginia Beach Travel Soccer Page 15 Ross Brockwell: Yeah, I assumed even that would be looked at in a little more detail when you get to that cross traffic. Rick Lowman: It will be. I'll have to look back at the Master Plan. There was a Master Plan for this. When they came in and the owners of this property and the one on the corner,they cost participated in that project to build Buckner Boulevard. Because I think that was done in 2005 or 2006, but I believe the cost participated in that project so they could develop that as retail. I think the whole thing was supposed to be retail at one point. Bob Thornton: I got a question for Rick. On the traffic portion of this presentation,the present volume on Buckner shows 8800, and then over on present capacity,you got two metrics. One is 6200 and that's at a Level of Service C, and there is 9900 at Level of Service D. One question is what's the difference in those? And assuming that 9900 is the capacity that is a real number,there is 1100 additional cars before you hit that Level of Service D capacity. Rick Lowman: Level of Service D is the capacity of the road. We just give you C because it is a nice reference to show you where it ranges between C& D. But 9900 is the capacity. Bob Thornton: Based on the present volume and capacity,there is 1100 extra car capacity and we're talking about 150 a day,so it is not like it is going to jam it up? Rick Lowman: No, and like I said the road was built partially for that development. It was built when it was zoned B-2, which as you guy can see from your report, it is a heck of a lot more traffic than a two field soccer facility. So, it was designed for a lot more traffic than what is going to be generated by two soccer fields. Jeff Hodgson: Mr. Inman. Mike Inman: I think it was referenced by different people but I can't see in the report that the zoning is B-2 now. Jimmy McNamara: It is currently zoned B-2. Mike Inman:Okay. I'm not even going to ask the question. What can be done with B-2? We know a zillion things can be put on B-2 Bob Thornton: McDonalds. Wendy's Jeff Hodgson: Are there any other questions for Rick? Or any other questions in general? Jack Wall: I think a quick question.The Level of Service is D. I guess between C& D. And D is not that bad within the City of Virginia Beach? Rick Lowman: Pretty much across the country. The Level of Service D is considered capacity especially in a suburban. I don't want to call it sub urban but for purposes of suburban v. urban. For an urban area, D is considered capacity. That is what we designed too. 1111 Item #6 Virginia Beach Travel Soccer Page 16 Jeff Hodgson: So, it is not based on the grades I got in high school? Are there any other questions? Thanks Rick for coming down. There are no other speakers. We're going to close this and open it up for discussion amongst the Commission.Would anybody like to start out? Jack Wall: I'll start. Jeff Hodgson: Mr.Wall. Jack Wall: Well,first of all I would like truly appreciate with Linda and Fran coming out to speak out,and providing different view-points,that we may not have gotten otherwise. It was beneficial. It is understood that the traffic generated at times it is going to be heavier than it could be with another land use that could go there. It is also understood that the enterprise that is going down there is the same enterprise, I guess for 10 plus years operated a facility down the street on Shipps Corner that had traffic in the parking and lighting issues in the complex with the residents over in Cardinal Estates as well as the apartment complex. However,this is a much smaller facility, and it is smaller, not full scale soccer facility or soccer field or foot sol fields,which are a use for 5 on 5 and some of the training that could go. It doesn't seem like it would be a regular occurrence.So it is just a different type of facility that is down the street. I think that has been explained. And, and the traffic, I think we hashed that out with the level of service.This will probably provide much less than something else that could go on there even with the potential being 1800 average daily traffic counts. So, I don' have any issues with this development. I think it fits with the community and I think it serves the community. Jeff Hodgson: Thank you. Is there anybody else? Would anybody like to make a motion? Mike Inman: I move we approve the application as presented. Jeff Hodgson: A motion made by Commissioner Inman. Is there a second? Bob Thornton: I'll second it. Jeff Hodgson: A second by Commissioner Thornton. Mr. Weeden,we're ready to vote. Ronald Ripley: Mr. Chairman. Jeff Hodgson: Excuse me.Yes. Ronald Ripley: I need to abstain. I actually did this during the consent but this item is one of the items that list Town Bank as their lender. Jeff Hodgson: Thanks for pointing that out. Mr.Weeden. AYE 8 NAY 0 ABS 1 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE 1111 Item#6 Virginia Beach Travel Soccer Page 17 KWASNY ABSENT OLIVER ABSENT RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 8-0-1,with the abstention so noted,the Commission has approved the application of Virginia Beach Travel Soccer. Jeff Hodgson: That is our last item. Is there any further business? I would like to say Phil, it has been an absolute pleasure working with you and I wish you could hang out for three more years until I'm out of here. We wish you the best and hope to see you around. Phil Russo:Thank you very much. Jeff Hodgson: It's been fantastic working with you. On behalf of my fellow Commissioners, I would thank everyone for attending today's hearing.On behalf of the Planning Director, we would like to thank the staff for all of their hard work on all of these applications as usual. Barry,again it is always great hanging you up here. We appreciate it. Everybody have a great and safe holiday season. Merry Christmas. Meeting adjourned. ti "+'1 kJ 6 4=0 1 k Co W a l.p.. . f, i osurith /toe it� E > Qo a) e led0 00 , r- Ct.. O iii■ z It MC 4111 Li . 4, iri -C g* 0 irk I CYL 0I. [11 C\ 44 r VI Ri 4,, --''---M''''''.;'.,'7 O LIJ Z Z ,,,e/K0/1/ ,.°1:Pi,-.S.:4-2X4V2Q Vf , inILI (4..) 0 Z ri a i. III riCi ft t ��Vw 1� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WHISKEY RIVER DEVELOPMENT, LLC [Applicant] STRAWBRIDGE MARKET PLACE, LLC [Owner] Conditional Use Permit for a Tattoo Parlor. 2135 General Booth Boulevard (GPIN 2414086744). COUNCIL DISTRICT—PRINCESS ANNE. MEETING DATE: February 2, 2016 • Background: The applicant requests Conditional Use Permit to open a Tattoo Parlor in a vacant, 4,000 square-foot unit located in the Strawbridge Market Place. The Tattoo Parlor will be open daily, from 10:00 A.M to 11:00 P.M. There will be approximately 15 employees. Clients must be at least 18 years old to be tattooed. • Considerations: The proposed location is 300 feet from General Booth Boulevard, behind the restaurant Lucky Oyster. There is no direct pedestrian or vehicular access from the adjacent neighborhoods or school. Signage will be the only exterior alteration. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with two absent and one abstention, to recommend approval of this request to the City Council with the following conditions: 1. A business license for the tattoo parlor shall not be issues 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 neon or electronic display signs or accents. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Whiskey River Development, LLC Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme , ''4 City Manager: PRINCESS ANNE DISIRKI-2134 G.n.rd Booth Whiskey River Develo•ment,LLC 11 M _ • December 9, 2015 Public Hearing • APPLICANT: t 4. e WHISKEY RIVER �, s LLC f3 ///sf PROPERTY OWNER: STRAWBRIDGE MARKETPLACE CDDa t,D,o,UsePermit(Tomo Parlor) L.L.C STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit(Tattoo Parlor) ADDRESS/DESCRIPTION: 2135 General Booth Boulevard GPIN: ELECTION DISTRICT: UNIT SIZE: AICUZ: 24140867440000 PRINCESS ANNE 4,000 square feet 65-70 dB DNL Sub Area 2 4 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Tattoo Parlor for a 4,000 square foot unit located in the Strawbridge Market Place. The proposed unit is located 300 feet from General Booth Boulevard, behind the restaurant Lucky Oyster. The interior of the space will be renovated to suit.With the exception of signage, the exterior of the building will not be altered. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office&retail uses WHISKEY RIVER, L.L.0 Agenda Item 11 Page 1 11 SURROUNDING LAND North: • Shopping Center/B-2 Community Business District USE AND ZONING: South: • General Booth Boulevard • Shopping Center/B-2 Community Business District East: • Shopping Center/B-2 Community Business District West: • Strawbridge Road • School/R-20 Residential District NATURAL RESOURCE AND There do not appear to be any natural or culturally significant CULTURAL FEATURES: features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Major Commercial Center of the 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 EVALUATION AND RECOMMENDATION The Zoning Ordinance requires any tattoo or body piercing establishment to be located at least 600 feet from any other tattoo establishment, residential or apartment district, or school. The proposed location is slightly less than 600 feet from two neighborhoods and Strawbridge Elementary School; however,there is no direct pedestrian or vehicular access to the subject site from the school or neighborhoods. Item D1 on the agenda is a proposed amendment that would eliminate the 600-foot setback requirement for Tattoo Parlors. Subject to approval of the Zoning Ordinance amendment regarding tattoo establishment setbacks, Staff recommends approval of this requests subject to the conditions below. 4 CONDITIONS 1. A business license for the tattoo parlor 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. WHISKEY RIVER, LL.0 Agenda Item 11 Page 2 I lil 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents. 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. WHISKEY RIVER, LL.0 Agenda Item 11 Page 3 f :..,,,, S wy t I $ " ' Wj�1DI(�) ^a1 '` + , , ~ !atr Lo F 4 f ,amu - ' ,-\ A , , , -.; , lepopp , *44 4 t,.,--, • 44' ... ; 4f... ' :r 1 rl -4."1,..?ate . . 11 `ffi a f .tr( f A ' * '4'..>°H., 7 „tilt, '" " , ".. . . 4 r, y tri; lk . I Ct Z1 6. IN* 66 Nimmo Parkway4 t f ilr�,.•' r I, or. 'R. ‘41: -mak . 7401 ti , 1 3 $ it t --41._ ,,..0.A. .4004,,., ,___• :1'.**.:: i AERIAL OF SITE LOCATION , WHISKEY RIVER, L.L.0 Agenda Item 11 Page 4 I 11 N 37-,., l Stravebridgc' ', edto 0, ------1 ----f ' pke)11.1k711-i ititzl:FNCI")oit II,Iii ------c__• - 4- :'414IV qit (II ... __ Lzirl i . .4 • OS., tpikeiri- I-4—f 10 ''• --- - -, 41 -,,'' „,,,,,...,,,,i......- .,,_:,1,11-.-• a"-• ;7410440**4PZ,,444i4004:7"4!„4:4:4 ,44/';41:14, ftr.litlitiel 13I A '''• ' 1,.. ,,. -., -...... 'Az zig,-A 1. lki . ----- mars 4f.stket, ' V alliiirl el oas_,,, .` aelFaV nt Cub Elementary ! It ail fit , 4,4%,„ .t., , sche.' 447 tie Ittei7 hit tt t - 4 4,- „,, -,,,„„„,...4.” 41 iv4:,444416') 41474,4,4,4 /0 .4,,,!i,,,. Ersecressattr\,-- - ,, 44. 4.3-• 8E44:td,,4‘.. Center . . kwCANtaik/ tfft. f .. ' ', V Princess Anne Re‹-Cepter J - ' - 4.4. • 44 - :41 14 14' — . 4444, 4:Zitfo* - , - ... .... ..... twitvif I SITE LOCATION AND 600' SETBACK ,-._. WHISKEY RIVER, L.L.0 Agenda Item 11 Page 5 - ..., .4. ------/- SITE PHOTO BLA WHISKEY RIVER, L.L.0 .r Agenda Item 11 Page 6 PRINCESSANNE DISTRICT— 2135 General Booth Whiskey River Development, LLC v 1 „.„.\\\*.\c\T . J ` I 4 t sr f .:0 ig. 1 J 0d //,,_ , i e / 0 © `ma 5„...„,. �� tc , V F- ill/! 2 O 3 ----- 4 etik 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 05/01/2001 CUP(Religious Use) Approved 2 08/14/2001 CRZ 0-2 to B-1A Approved 02/09/200 CUP (Communication Tower) Approved 04/02/2012 MOD Approved 3 03/24/1998 CRZ 0-2 to B-1A Approved i 10/26/1993 MOD Approved 10/26/1993 CUP (Indoor Recreation) Approved 4 08/25/1992 SVR Approved 5 04/29/1994 REZ(R-20 to R10) Approved ZONING HISTORY WHISKEY RIVER, L.L.0 52, Agenda Item 11 - Page 7 MB Virginia Bench 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 i Modification of by City w ' Property -Conditions or Proffers , Alternative Economic Development i. Nonconforming Use ' Compliance,Special �Investment Program Exception for , (DIP) Changes Board of Zoning els Encroachment Request Rezoning Certificate of ` Floodplain Variance Appropriateness Street Closure Historic Review Board) I Franchise Agreement Chesapeake Bay 1 Preservation Area Lease of City Property Subdivision Variance Board } 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. • SECTION 1 / APPLICANT DISCLOSURE EjCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck here if the APPLICANT a corporation, partnership,firm, business,or Page t of 4 D APRLICA'1 4OTIFIF0 Of+tic.AN Ht T 0I k4 MO(MAMAS" OF t ` F- NkLI5.ONS S,.9u1'"'F L= t /-Gi�"/� DISCLOSURE STATEMENT WHISKEY RIVER, L.L.0 Agenda Item 11 Page 8 ll Virginia Beach 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) WNskey River Development,LLC-Jason Armstrong(Managing Member)and Andrew Gavin(Member) • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant:(Attach list if necessary) Fat Bieck Cat,LLC Sec next page for information pertaining to footnotesi and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If oroaerty owner Is different from Anvllcanc Check here if the PROPERTY OWNER IS NOT a corporation.partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWlelit IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below; (Attach list if necessary) Please see attached sheet. (E) List the businesses that have a parent-subsidiary t or affiliated business entity 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 hays a conflict of Interest under Virginia law. DISCLOSURE STATEMENT WHISKEY RIVER, L .0 Agenda Iter 11 Page 9 Virginia Bench Please see attached sheet. t 'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code y 2.2-3101. 2 'Affiliated business entity relationship' means 'a relatsonship, other than patent-subsidiary relationship,that exists when lei one business entity has a controlling ownership Interest in the other business entity,illi a controlling owner In one entity is also a controlling owner In the other entity,or gill there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an aflillated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or comntngled 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 thea is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code S 2.2.3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the ApplicatiQJ3 or wry business gperatino or to be operated on the Property. If the answer to any item is YES,please Identify the firm or Individual providing the service: YES NO SERVICE I PROVIDER Well additional shoats if Needed) [] ® Accounting and/or preparer of tt�-1I your tax return E ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 0 the Applicant)-identity purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) rii ❑ rtion ators 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 WHISKEY:RIVER, L .0 .. Agenda Ite '.11 Page 10 II I 71/3.,.. I Virginia Beach Financing(Include current BUT;Towneelank,Weis Fargo ►`� 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I,2 QLegal Services Troutman sanders LLP F-7 Real Estate Brokers/Agents for CBRE ►4f I� current and anticipated future i sales of the subject property 4 i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beath 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? CCRTIEIC AT1QN: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon. tecgipt of notification that the application has been scheduled for gu rcl hepfng responsible for updating the information provided herein vtoe s pritlr-1 thePlanning Commission, Council, VEDA meeting, or meeting f or c mittee in connection with t Application. APPUCAN E PRINT NAME .y DATE /1/ri-t....e'isr5b,,, ,, As 411-ria m. s rrrp ' tiff/C1 PROPERTY OWNER'S SLNATURf PRINT NAME I DATE r 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 WHISKEY RIVER, L.L.0 Agenda Item 11 Page 11 Conditional Use Permit Application Whiskey River Development,LLC Supplemental Disclosure I. List of all officers,members,trustees,partners,etc.of the property owner: 1. Robert M. Stanton 2. Larry Goldrich II. List of businesses that have a parent-subsidiary or affiliated business entity relationship with the property owner: 1. Bennetts Creek Crossing,L.C. 2. Bennetts Creek Crossing II LC 3. Bennetts Creek Crossing Outparcel Associates, L.C. 4. Bennetts Creek Retail LLC 5. Boush Street Retail, LLC 6. 21St Street Partners LC 7. Chesapeake Square Retail, LLC 8. Ghent Station Retail LLC 9. Great Bridge Retail LLC 10. Great Bridge Retail Manager, Inc. 11. HH Retail LC 12. Mt Pleasant Retail Partners LLC 13. Mt Pleasant Associates,L.C. 14. Mt Pleasant Outparcel Associates, L.C. 15. Mt Pleasant Retail Associates,LLC 16. RMSGP, LLC 17. Shore Drive Retail LLC 18. Stanton Air Cargo Associates Center, LLC 19. Stanton Air Cargo Associates Outparcels, LLC 20. Stanton Associates One, L.P. 21. Stanton Aviation 22. Stanton Great Bridge Associates LLC 23. Stanton Holdings LC 24. Stanton Partners, Inc. 25. Strawbridge Marketplace LLC 26. The Brown Farm Associates Outparcels LLC 27. The Brown Farm Associates LLP 26572695v1 I [ ,-. v,z r.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH- An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands MEETING DATE: February 2, 2016 ■ Background: Farm stands are currently a conditional use in the 0-2 Office District. Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School. • Considerations: The amendment proposes changes to the existing regulations as follows: 1. Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. One parking space for every 250 square feet of covered farm stand sales area is required unless a modification is warranted. There was no opposition to the request. • Recommendations: The proposed amendment allows flexibility in the size of farm stands in the 0-2 Office District and clarifies other requirements, therefore, staff recommends approval. 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 amendment to the City Council. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing 111 City of Virginia Beach Amendment to Section 801 Farm Stands in the 0-2 Office District Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep e . •ency: Planning Department City Manager: ���� 1 AN ORDINANCE TO AMEND SECTION 801 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REQUIREMENTS FOR 4 FARM STANDS 5 6 SECTION AMENDED: § 801 of City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 801 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 8. OFFICE DISTRICTS 19 20 . . . . 21 22 Sec. 801. Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office 26 districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. Use 01 02 Roadside Farm stands for the sale of agricultural products, provided that: (11 the size of the stand shall be determined by the Conditional Use Permit; no - -- - ... - ee - ; (2) only agricultural and agriculturally-related products, as defined in Section 401 (e) of the City Zoning Ordinance, shall be sold at the farm stand; no such stand shall X C e- -_- -e - - • - e -- _ _ -- ; (3) all portions of the property used for agricultural purposes including, but not limited to, the growing of crops or the raising of farm animals shall be identified in the Conditional Use Permit; the the stand is located; and (4) One parking space for every 250 square feet of covered farm stand sales area shall be provided, unless special conditions warrant a modification identified in the Conditional Use Permit. nole:s than fifty (50) percent, by value, of the products offered for sale at the stand shall have been produced by the operator of the stand. 30 31 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j)1( ta&D.' Pl.nning -partment City Attorney's Office CA13423 R-2 August 21, 2015 2 it 23 October 14, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - FARM STANDS REQUESTS: An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands. • • SUMMARY OF AMENDMENT Farm Stands are currently a conditional use in the 0-2 Office District. Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School. The amendment proposes changes to the existing regulations as follows: 1. Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. • • RECOMMENDATION The proposed amendment brings the regulations on farm stands in the 0-2 Office District more into alignment with the regulations for farm stands in Agricultural Districts and is recommended for approval. CITY OF VIRGINIA BEACH / Farm Stands Agenda Item 23 Page 1 II Item#23 City of Virginia Beach An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands October 14,2015 CONSENT 1. Section 801 currently limits the size of a farm stand to 1,000 square feet.The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally-related products,as defined in Section 401(e) pertaining to the Agricultural Districts,can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 23. AYE 11 NAY 0 ABS 0 ABS 0 BROCKWELL AYE HODGSON AYE I N MAN 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 23 by consent. Karen Lasley appeared before the Commission. I iI J. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT III CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 01/19/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y L N A O O O R S 0 R EE ENSNM I 00 T R Y S E S DS NND I' INFORMAL SESSION C. CLOSED SESSION— Personnel Matters II. JOINT CITY COUNCIL/SCHOOL BOARD David L.Hansen, A. BROADBAND TASK FORCE Deputy City Manager Matthew B.Arvay, COMIT-Director III. CITY MANAGER'S BRIEFINGS A. BURTON STATION COST David L.Hansen, PARTICIPATION Deputy City Manager B. 15`"STREET PIER Douglas L.Smith, Interim City Manager IVNNI/ CERTIFICATION OF CLOSED VII SESSIONS A-E CLOSED COUNCIL SESSIONS CERTIFIED 1 I—0 Y Y Y Y Y Y Y Y Y Y Y January 19,2016 VII.F MINUTES CLOSED INTERVIEW SESSIONS APPROVED 11—0 Y Y Y Y Y Y Y Y Y Y Y December 11,2015 INFORMAL/FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y January 5,2016 VII.G FORMAL SESSION AGENDA CONSENT AGENDA VII.H MAYOR'S PRESENTATION RESOLUTION IN RECOGNITION Fred Whythe-Stihl VII.H PUBLIC HEARING ACQUISITION BY AGREEMENT No Speakers OR CONDEMNATION Muddy Creek Road/Indian River Road Culvert VII.J.I Resolution to SUPPORT(SPSA)as the ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Regional Solid Waste Management CONSENT System VII.J.2 Ordinance to AUTHORIZE a Cost ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Participation Agreement with S&J Truck CONSENT Terminal,re Burton Station/Baker Road drainage 1111 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 01/19/2016 PAGE: 2 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 0 R E E ENS NM I 00 T R Y S E SDSNND VII.J. AUTHORIZE the ACQUISITION: ADOPTED,BY 10 0 Y Y A Y Y Y Y Y Y Y Y 3 CONSENT a. Culvert/drainage improvements at Muddy Creek/Indian River Roads A D AUTHORIZE the ACQUISITION: ADOPTED,BY CONSENT 11—0 Y Y Y Y Y Y Y Y Y Y Y b. 566 Oceana Boulevard re William G.Lilley Trust VII.J.4 Ordinance to AUTHORIZE $1,250 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y reimbursement re employee legal fees CONSENT VII.J.5 Ordinance to TRANSFER $167,000 re ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y horizontal compression adjustments for CONSENT Sheriff's Deputies A VII.K.1 SANTIAGO LIVARA, APPROVED/ 10 OYY Y Y Y Y Y Y Y Y IIUSLACSCAR,LLC CUP re auto CONDITIONED,BY repair at 129 Pennsylvania Avenue CONSENT q DISTRICT 4—BAYSIDE N E D VII.K.2 AMEND Sect 801 of CZO re Farm DEFERRED TO 11 0 Y Y Y Y Y Y Y Y Y Y Y Stands FEBRUARY 2,2016, BY CONSENT L. APPOINTMENTS RESCHEDULED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y BEACHES and WATERWAYS CONSENSUS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-MAINTENANCE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD Appointed: HAMPTON ROADS ECONOMIC Dorcas Helfant- 11—0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMETN ALLIANCE Browning 1 Year Term 01/01/16—12/31/16 I ill CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 01/19/2016 PAGE: 3 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 O O O R S 0 R EE ENSNM I 00 T R Y S E S DS NND HISTORIC PRESERVATION Appointed: COMMISSION Sharon Prescott 11—0 Y Y Y Y Y Y Y Y Y Y Y 3 Year Term 01/01/16—12/31/18 PARKS and RECREATION Appointed: COMMISSION Joe McGraw 11—0 Y Y Y Y Y Y Y Y Y Y Y 3 Year Term 01/01/16—08/31/19 RESORT ADVISORY COMMISSION- Appointed: RAC Tyler Brown 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 Year Term 01/01/16—12/31/18 VIRGINIA BEACH COMMUNITY Appointed: DEVELOPMENT CORPORATION Courtney LaLonde 11—0 Y Y Y Y Y Y Y Y Y Y Y 4 Year Term 01/01/16—12/31/19 M/N/O ADJOURNMENT 6:12 P.M.