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Home My WebLink AboutFEBRUARY 16, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.1.11A•BE40 MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside District 4 AL `I'P� BENJAMIN DAVENPORT At Large ROBERT M DYER Centervi le-District I U BARBARA M.HENLEY,Princess Anne—District 7 ` . SHANNON DS KANE Rose Hall District 3 'a Mlsf JOHN D.MOSS,Al Large . '�� ,. AAIELIA ROSS-HAMMOND,Kempsville-District 2 �� UUa N>T JOHN E.UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large .1,1MESL. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGE!? DAVID L.HANSEN PHONE:(757)385-4303 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 ('ITY ASSESSOR-JERALD D.BANAGAN CITY AUDITOR—LYNDON S.REMIAS 16 February2016 E-MAIL:Ctycncl@vbgov.cotn CITY CLERK RUTH HODGE..S FRASER,MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:30 PM A. THALIA CREEK GREENWAY PROJECT Phil D. Pullen, Transportation—Public Works B. PENDING PLANNING ITEMS Barry Frankenfield, Director—Planning II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 I L li I V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Edward Martin, Pastor Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS February 2, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION PROCLAMATION—Earth Hour Clay Bernick, Administrator- Environment and Sustainability Mark Podolinsky, Energy Specialist- Energy Management Office I. ORDINANCES 1. Ordinances to TRANSFER and APPROPRIATE: a. $1-Million Grant from the Virginia Department of Transportation (VDOT) re TAP revenue for Thalia Creek Greenway Phase I b. $282,632 reimbursement from the Virginia Department of Agriculture re a preservation easement at 1619 Muddy Creek Road c. $207,500 from Insurance Recovery re repair of the Pungo Ferry Bridge d. $152,100 from the Federal and State Siezed Assets Fund to Police e. $ 50,000 to the City Clerk's Office to offset expenses to be incurred by the Sister Cities Association of Virginia Beach re the 2017 Sister Cities International Conference in Virginia Beach f. $10,200 from the Developmental Services Gift Fund re SkillQuest program J. PLANNING 1. MARK and CYNTHIA SUMMS for Modification of a Conditional Use Permit to expand a Bulk Storage (approved May 12, 1998) at 2616 Quality Court DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 2. OCEANFRONT INVESTMENTS, LLC for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re a hotel complex at 4201 Atlantic Avenue DISTRICT 6 —BEACH RECOMMENDATION: APPROVAL 3. MICHAEL BINETTI for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re direct public access at 2929 Riddick Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. WILLIAM H. JOHNSON for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re direct public access at Riddick Lane DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 5. DISCOUNT TIRES OF VIRGINIA, INC. and LOTSALISA, LLC for a Conditional Use Permit re auto repair atl 600 General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. DISCOUNT TIRES OF VIRGINIA, INC. and HOLLAND CENTURY ASSOCIATES, LLP for a Conditional Use Permit re auto repair at 3949 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. TAKE 5 OIL CHANGE, LLC and LYNN PLAZA INVESTMENTS,LLC for a Conditional Use Permit re oil changes at 845 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL K. 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 HISTORIC PRESERVATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 2/16/16st MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:30 PM A. THALIA CREEK GREENWAY PROJECT Phil D. Pullen, Transportation—Public Works B. PENDING PLANNING ITEMS Barry Frankenfield, Director—Planning II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Edward Martin, Pastor Francis Asbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS February 2, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION PROCLAMATION—Earth Hour Clay Bernick, Administrator - Environment and Sustainability Mark Podolinsky, Energy Specialist - Energy Management Office G�N1 BPA gy 1 i a9rs �0. s44- i ,.UR NAio wv PR OCIANIA TION -WHEREAS: A sustainable City with a high quality of life that meets the social and economic needs of its current andfuture citizens, employees,'visitors, and business community,while maintaining and improving the quality of its natural'environment is important to 'Virginia Beach's citizens, economy, andfuture; WHEREAS: The City of"Virginia Beach is committed to protecting the hearth and welfare of its current andfuture citizens, employees,visitors, and business community, and preserving the environment through the responsible management of resources and sound environmental-practices; W9-HEREAS: The City of Virginia Beach is committed to actively engaging the community to promote and encourage environmental sustainability efforts; WHEREAS: The City of'Virginia Beach is committed to pursuing the adoption of appropriate green building practices for municiparbuICdings through its adoption of administrative directives andmembership in the'United States Green Building Council('USGBC)which administers the Leadership in EnvironmentalandEnergy Design(LEED)certification program; -WHEREAS: The City of'Virginia Beach has created a committee of internal and community stakeholders in order to promote, implement, oversee,recommend and track sustainable practices known as the Sustainability Task Force; 'WHEREAS: The City of'Virginia Beach has created a committee of internal agencies andpublic utility stakeholders in order to promote, implement, oversee,recommend and track new energy saving practices known as the Joint Energy Committee; WHEREAS: The Mayor's Alternative Energy Task Force is actively involved in pursuing initiatives that willhel the City promote andshowcase alternative means of energy production, research and development in the City; -W3{WERAS: The City of'Virginia Beach adopted"A Community Plan for a Sustainable Future"on March 12,2013, and is actively engaged in implementing its recommendations; WHEREAS: 'The City of Virginia Beach is implementing energy andwater conservation measures through an Energy Service Contract and other conservation initiatives; -WHEREAS: The City of Virginia Beach has been aparticipant in the'Virginia Municipal League (VMC)Green Government Challenge since its inception, and is recognized as a Platinum Level "certified'Green Government; WHEREAS: The City of Virginia Beach is actively reducing carbon emissions and improving air quality through the use of hybrid vehicles and other clean technologies, as welCas implementation of an Anti-Idling Policy for City employees, a Complete Streets Policy, and its'Urban Forest Management Plan; WHEREAS: The City of Sydney,Australia initiated Earth 3four on March 31,2007 as a means to show support for environmentalprotection and energy conservation by symbolically switching off nonessential lights for one hour as a means to help facilitate sustainable behaviors and actions; Wi-IERAS: Over 7,000 communities in 162 countries around the globe participated in Earth.Hour in 2014;and over 7,000 communities in 172 countries participated in Earth 3-Cour in 2015; "WHEREAS: The City of Virginia Beach has been aparticipant in Earth 3-Cour since 2014; WHEREAS: .March 19,2016 between the hours of 8:30 and 9:30 P.M in local time zones around the world has been designated as the eighth annual Earth Hour; -WHEREAS: Earth 3four as a symbolic time for communities around the world to showcase local leadership and celebrate commitment to help develop solutions resulting in environmentaCprotection and energy conservation; W ERE.AS: The City of Virginia Beach wilt-participate in this event by switching off nonessential lights in City facilities and at City Locations from 8:30 to 9:30 PM that in no manner compromise public safety or security; `WHEREAS: The City of Virginia Beath hereby encourages individuals,families,groups and businesses in the City to also participate in the Earth Hour event on March 28 between the hours of 8:30 and 9:30 P.M; w3fEREAS: The City of Virginia Beach hopes that participation in the Earth 3-lour event will be more than symbolic, and help serve as an incentive to encourage individuals, businesses and our local government to take accountability for their ecologicalfootprint and to engage in dialogue andresource exchange that provides realsolutions to our energy and environmental challenges. Now,Therefore,I,William D. Sessoms,Jr., Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: '►March 19, 2016 from 8:3o to 9:30 TN Barth 3-four in 'Virginia Beach, "Virginia In'Witness whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,"Virginia, to be affixed this 191w Day of March, Two Thousand Sixteen. ot404"6 "-- tiWil iam D. Sessoms,Jr. Mayor I. ORDINANCES 1. Ordinances to TRANSFER and APPROPRIATE: a. $1-Million Grant from the Virginia Department of Transportation (VDOT) re TAP revenue for Thalia Creek Greenway Phase I b. $282,632 reimbursement from the Virginia Department of Agriculture re a preservation easement at 1619 Muddy Creek Road c. $207,500 from Insurance Recovery re repair of the Pungo Ferry Bridge d. $152,100 from the Federal and State Siezed Assets Fund to Police e. $50,000 to Sister Cities International (SCI)re 2017 Conference in Virginia Beach f. $10,200 from the Developmental Services Gift Fund re SkillQuest program 4 w,.....*, `,=,=..?; ..?; 1y µ 6,:,""4“,..*� *4t "..-.w'1Jl CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Accept and Appropriate Federal Funding from the Virginia Department of Transportation's (VDOT's) Transportation Alternatives Program (TAP) Revenue to CIP #4-079 Thalia Creek Greenway Phase I MEETING DATE: February 16, 2016 • Background: The Transportation Alternatives Program (TAP) was authorized in the federal transportation bill — "Moving Ahead for Progress in the 21st Century", also known as MAP-21. The program is intended to help local sponsors fund community based projects that expand travel choices with a primary focus on providing for pedestrian and bicycle facilities, community improvements and mitigating the negative impacts of the highway system. This is not a grant program and funds are only available on a reimbursement basis with a 20% local match. The City received $1,000,000 in federal allocations for the Thalia Creek Greenway Phase I project. • Considerations: Accept and appropriate federal revenue from the Transportation Alternatives Program to CIP #4-079 Thalia Creek Greenway Phase I. There is sufficient local funding in the existing project to satisfy the required match. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for this project through the normal public involvement process. • Attachments: Maps, Ordinance Recommended Action: Approval of Ordinance Submitting Departme t/Agency: Public Works P}1Q City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION's (VDOT's) TRANSPORTATION 4 ALTERNATIVES PROGRAM (TAP) REVENUE TO CIP # 4- 5 079 THALIA CREEK GREENWAY PHASE I 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Capital Project #4-079 Thalia Creek Greenway Phase I is hereby increased 11 by $1,000,000 in Federal Revenue from the Virginia Department of Transportations 12 (VDOT's) Transportation Alternatives Program (TAP). 13 14 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 15 , 2016. 16 17 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (2u-v ) (L) , c).7-SPW Budget and Management Se ices City Attorney's Office CA13563 R-1 February 2, 2016 11 I— N rn W_....,&` E S IRGINIABEACH LVD 2 Si s 264 CK C..)5 i''''....'"..'''‘\ U i I a; m r i 1 NINA DR Z ! Shared Use Asphalt Path rtKu NAND CIR CARAPACE DR O P G 0\4Shared Use Boardwalk risitt .,ft Bilis � • I' 1!t / 'I '‘ !Shared Use Asphalt Path ♦�,''+fi/ e ;P�i #�+tri ._I i W 0 Z LOCATION MAP 0 26 THALIA CREEK GREENWAY PHASE 3 r'6� I Feet 0 100 200 400 Prepared by P.W.fEng.JE,ng.Support Services Bureau 09/25/2014 X:\CADD\Projects\ARC Files\AGENDA MAPS\Thalia Creek Greenway\Thalia Creek Greenway Portrait.mxd 11 I r\V H�! C 7 a s �i eM } :i if, t4s„ �. It 1.�d,H° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $282,632 from the Virginia Department of Agriculture and Consumer Services to Reimburse the City for a Portion of the Cost to Acquire a Preservation Easement MEETING DATE: February 16, 2016 • Background: On March 11, 2014 and February 24, 2015, City Council authorized the City Manager to execute two Intergovernmental Agreements with the Virginia Department of Agriculture and Consumer Services (VDACS). These agreements provided the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed a total of $436,661.92 ($149,678.46 for the 2014 agreement and $286,983.46 for the 2015 agreement). The goal of the Intergovernmental Agreements was to provide financial assistance for local programs to protect working farm and forested lands. This agenda item requests appropriation of state funding to reimburse some of the costs incurred by the City in November 2015 for the acquisition of an agricultural land preservation easement. • Considerations: This item accepts and appropriates a total of $282,632 from VDACS to reimburse the Agriculture Reserve Program Special Revenue Fund for a portion of the easement value ($565,264) for the Burroughs Family Revocable Trust property. The Burroughs farm of 50.47 acres, located at 1619 N. Muddy Creek Road, was enrolled in ARP on November 18, 2015. The appropriation will help reimburse the cost of the U.S. Treasury STRIPS that were purchased to fund the principal payment as well as related easement acquisition costs. • Public Information: Public Information will be handled through the normal Council agenda process. • Recommendations: Accept and appropriate State funding from VDACS to the ARP Special Revenue Fund. • Attachments: Ordinance Recommended Action: Approval Submitting De rtmentiAgency: Department of Agriculture nm,,,,li ,t,4._.- City Manager: l 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $282,632 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE CITY FOR A PORTION OF THE COST 5 TO ACQUIRE A PRESERVATION EASEMENT 6 7 WHEREAS, as a result of the Intergovernmental Agreements authorized by City 8 Council on March 11, 2014 and February 24, 2015, the Virginia Department of 9 Agriculture and Consumer Services (VDACS) approved reimbursements totaling 10 $282,632 for a portion of costs the City incurred in purchasing the agricultural 11 preservation easement for the Burroughs Family Revocable Trust property. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $282,632 is hereby accepted from the Virginia Department of Agriculture 17 and Consumer Services and appropriated, with estimated state revenues increased 18 accordingly, to the FY 2015-16 Operating Budget in the Agriculture Reserve Program 19 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 20 preservation easement. 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: f-D U;A D Budget and Management Serv.ces City Attorney's Office CA13565 R-1 February 2, 2016 �in eeq�e aN ro 1—,..t.j,. ti A, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $207,500 in Insurance Recovery Revenue to CIP #2-022 Major Bridge Rehabilitation II MEETING DATE: February 16, 2016 • Background: In December 2014, a barge hit a fender on the Pungo Ferry Bridge, damaging the north east corner of the fender. An inspection was performed and it was determined that the fender system protected the bridge and no structural damage occurred to the bridge; however, the fender system did require repairs. These repairs included inspections, repair design and construction totaling $237,710. These repair cost were provided through CIP # 2-022 Major Bridge Rehabilitation II. Recently, Risk Management received an insurance payment of $207,500 for the damages that occurred because of this accident. Appropriating this revenue to CIP #2-022 Major Bridge Rehabilitation II will reimburse the project for a portion of the expenses incurred in repairing the bridge. • Considerations: Appropriate $207,500 in insurance recovery revenue to CIP #2- 022 Major Bridge Rehabilitation. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Approval of an ordinance to increase the revenue and appropriations within CIP #2-022 Major Bridge Rehabilitation II by $207,500. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Dep- • e ' .ency: Public Works pA,A City Manager: �It 1 AN ORDINANCE TO APPROPRIATE $207,500 IN 2 INSURANCE RECOVERY REVENUE TO CIP PROJECT 3 #2-022 MAJOR BRIDGE REHABILITATION II 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $207,500 in Insurance Recovery revenue is estimated and appropriated to 10 CIP #2-022 Major Bridge Rehabilitation II. 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 13 , 2016. 14 15 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (1) , Budget and Management S- ' ices City Attorney's Offic CA13564 R-1 February 2, 2016 4,,'F.4?, ricE ww.b a"S !! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund to Purchase Equipment, Services and Canines MEETING DATE: February 16, 2016 ■ Background: The Police Department requests the use of $152,100 from the fund balance of the Police State/Federal Seized Fund to purchase the following priority equipment, services and canines that have not been funded through the operating budget. Purchase of 2 camcorders with Wi-Fi capabilities ($20,000) Replacement of 5 Police canines ($38,000) Social Media Monitoring Services ($12,500) Mobile Video Platform upgrade ($34,500) Replacement/upgrade of 2 portable Sky Watch Towers video systems ($47,100) • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, and cannot be used to supplant local funding. ■ Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: It is recommended that $152,100 be appropriated from the Police State/Federal Seized Fund to purchase these items. • Attachments: Ordinance Recommended Action: Approval Submitting De• = , ent/Agency: Police Department,' ' City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND TO PURCHASE EQUIPMENT, SERVICES 4 AND CANINES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $152,100 is hereby appropriated from the Fund Balance of the Federal/State 10 Seized Assets Special Revenue Fund, with Fund Balance increased accordingly, to the FY 11 2015-16 Police Department Operating Budget for priority equipment, services and canines. 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 ervices City Attorney's Office CA13567 R-2 February 5, 2016 11 1 H•6 f;Q4 �� L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $50,000 from the Reserve for Contingencies to the City Clerk's Office for a Donation to the Sister Cities Association of Virginia Beach to Offset Costs Associated with the Sister Cities International Conference being held in Virginia Beach MEETING DATE: February 16, 2016 ■ Background: Sister Cities International (SCI) is a "break-off' of President Eisenhower's "People-to-People" program established in 1956 which is celebrating 60 years at the Annual Meeting in July in Washington, D.C. for 2016. The City of Virginia Beach has been a member of SCI for many years. At the Annual SCI Conference in 2014, the Convention and Visitors Bureau made a bid for the 2017 Annual Conference to be held in Virginia Beach. The City won that bid over five others. Virginia Beach is committed to hosting about 1,500 attendees from all parts of the world, including representatives from each of the City's five international sister municipalities plus a new one in Germany. The event features renowned speakers, a student Youth Summit on Democracy developed by the United States State Department, and a City Host Night. One of the SCI requirements for hosting the conference is to provide funds to offset a portion of the expenses. As President of the Sister Cities Association of Virginia Beach (SCAVB), the City Clerk has appointed several of our key citizens as ambassadors for the SCI Conference in 2017, and they are commissioned to assist in raising the funds needed for this Conference. The City is being asked to provide a $50,000 donation to SCAVB to allow it to offset the expenses required of the conference host. The City Clerk's office has collected approximately $450,000 through the operation of the passport office over the years to help defray the cost of the City's Sister City Program. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: It is recommended that City Council transfer $50,000 from the Reserve for Contingencies to the City Clerk's Office for a donation to the Sister Cities Association of Virginia Beach to offset the costs associated with the Sister Cities International Conference being held in Virginia Beach. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting De► - •• me, . • ;ency: City Cle City Manager: vk� 4 1 AN ORDINANCE TO TRANSFER $50,000 FROM THE 2 RESERVE FOR CONTINGENCIES TO THE CITY CLERK'S 3 OFFICE FOR A DONATION TO THE SISTER CITIES 4 ASSOCIATION OF VIRGINIA BEACH TO OFFSET COSTS 5 ASSOCIATED WITH THE SISTER CITIES INTERNATIONAL 6 CONFERENCE BEING HELD IN VIRGINIA BEACH 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $50,000 is hereby transferred from the Reserve for Contingencies to the FY 12 2015-16 Operating Budget of the City Clerk's Office to donate to Sister Cities Association 13 of Virginia Beach to offset the expenses of hosting 1,500 attendees from around the world 14 during the Sister Cities Annual International Conference in Virginia Beach. 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 Se ices : e 's Office CA13568 R-2 February 5, 2016 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Sister Cities Association of Virginia Beach, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ED 0 Accounting and/or preparer of Ruth Hodges Fraser your tax return President Financial Services (include J 0 lending/banking institutions and TownBank , Virginia Beach current mortgage holders as applicable) ® Legal Services Thomas R . Frantz , Esquire Virginia Beach in Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it ',I changes prior to the Council action upon this Application. i !w- sem' Rut Hodges raser , President Ruth HodgesFraser , President 2 . 12 . 16 APPLICANT'S SIGNATURE PRINT NAME DATE I II 2015 ANNUAL REPORT 215151364--10/1/015 COMMONWEALTH OF VIRGINIA M STATE CORPORATION COMMISSION I11IIII01I111011111111IE0111fl(1111111 111111111111 111 taw 1. CORPORATION NAME: Sister Cities Association of Virginia Beach,Inc. DUE DATE: 10/31/15 2. VA REGISTERED AGENT NAME AND OFFICE ADDRESS: ATTY. SCC ID NO.: 0729126-3 THOMAS R FRANTZ 222 CENTRAL PARK AVE SUITE 1700 5. STOCK INFORMATION VIRGINIA BEACH,VA 23462 CLASS AUTHORIZED 3. CITY OR COUNTY OF VA REGISTERED OFFICE: 228-VIRGINIA BEACH CITY 4. STATE OR COUNTRY OF INCORPORATION: VA-VIRGINIA DO NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Carefully read the enclosed instructions. Type or print in black only. 6. PRINCIPAL OFFICE ADDRESS: ID Mark this box fl address shown below is correct If the block 10 the left is blank or contains incorrect data please add or correct the address below. ADDRESS: 2401 COURTHOUSE DRIVE ADDRESS: SUITE 281 281 City Hall , Building No. 1 2401 Courthouse Drive CITY/ST/ZIP VIRGINIA BEACH,VA 23456 CITY/ST/ZIP Vie ' nia Beach, VA 23456-9005 7. DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed. An individual may be designated as both a director and an officer. 0009999 Mark appropriate box unless area below is blank: It the block to the left is blank or contains incorrect data,please mark appropriate Information Is correct Information is incorrectbox and enter information below: ❑ ❑ ❑ Q 0 Delete information Correction Addition Replacement OFFICER ® DIRECTOR Et OFFICER ❑ DIRECTOR 0 NAME: RUTH HODGES FRASER NAME: TITLE: PRESIDENT TITLE: ADDRESS: 2401 COURTHOUSE DRIVE ADDRESS: SUITE 281 CITY/ST/ZIP: VIRGINIA BEACH,VA 23456 CITY/ST/ZIP: affirm that the information contained in this report is accurate and complete as of the date below. Ruth Hodges Fraser 28 Sept 2015 SIGNATURE 0 IRECTOR/OFFICER PRINTED NAME AND CORPORATE TITLE DATE LISTED IN THIS REPORT is a Class 1 misdemeanor for any person to sign a document that is false in any material respect with intent that the document be delivered to, a Commission for filing. 2015 ANNUAL REPORT CONTINUED 215151364--10/1015 CORPORATION NAME: DUE DATE: 10/31/15 W Sister Cities Association of Virginia Beach,Inc. SCC ID NO.: 0729126-3 (.a W 0 All directors and principal officers must be listed. 7. DIRECTORS AND PRINCIPAL OFFICERS:(continued) An individual may be designated as both a director and an officer. Mark appropriate box unless area below is blank: If the block to the left is blank or contains Incorrect data,please mark appropriate ❑ Information is correct 0 Information Is incorrect 0 Delete Information box and enter Information below: ❑Correction ❑ Addition ❑Replacement OFFICER ® DIRECTOR 50 OFFICER ❑ DIRECTOR 0 NAME: CAROLYN GARRETT NAME: TITLE: VICPE PRESIDENT TITLE: • ADDRESS: 2300 PAGE HARBOR LANDING ADDRESS: CITY/ST/ZIP: VIRGINIA BEACH,VA 23451 CITY/ST/ZIP: Mark appropriate box unless area below is blank: If the block to the left Is blank or contains incorrect data,please mark appropriate ❑ Information is correct 0 Information is incorrect 0 Delete information box and enter information below: ❑Correction ❑ Addition ❑Replacement OFFICER ® DIRECTOR ® OFFICER ❑ DIRECTOR 0 NAME: REBECCA GURLEY NAME: TITLE: SEC/TREASURER TITLE: ADDRESS: 3808 CHELWOOD AVE. ADDRESS: CITY/ST/ZIP: VIRGINIA BEACH,VA 23462 CITY/ST/ZIP: Mark appropriate box unless area below is blank: If the block to the left is blank or contains incorrect data,please mark appropriate 0 Information Is correct 0 Information Is incorrect 0 Delete Information box and enter information belay. ❑Correction ❑ Addition 0 Replacement OFFICER Ni DIRECTOR ai OFFICER 0 DIRECTOR 0 NAME: WILLIAM D.SESSOMS NAME: coowee TITLE: BOARD CHAIR TITLE: ADDRESS: 2401 COURTHOUSE DRIVE ADDRESS: SUITE 281 CITY/ST/ZIP: VIRGINIA BEACH,VA 23456 CITY/ST/ZIP: Mark appropriate box unless area below Is blank: If the block to the left is blank or contains incorrect data,please mark appropriate ] Information Is correct ❑ Information is incorrect 0 Delete information box and enter information below: ❑Correction ❑ Addition 0 Replacement OFFICER 0 DIRECTOR ® OFFICER ❑ DIRECTOR ❑ NAME: KIM BAYLOR NAME: TITLE: DIRECTOR TITLE: ADDRESS: 136 DOVER CIRCLE ADDRESS: CITY/ST/ZIP: NORFOLK,VA 23505 CITY/ST/ZIP: L! Page 1 of 1 Alert to corporations regarding unsolicited mailings from VIRGINIA COUNCIL I CORPORATIONS is available from the Bulletin Archive link of the Clerk's Office wE s Cor II 6 Coma'o,rweaitJ'ofVi�ginict ', State Corporation Commission ...1 11111 02/11/16 CISM0180 CORPORATE DATA INQUIRY 11:38:08 CORP ID: 07291261 - 3 STATUS: 00 ACTIVE STATUS DATE: 10/20/10 CORP NAME: Sister Cities Association of Virginia Beach, Inc. DATE OF CERTIFICATE: 10/20/2010 PERIOD OF DURATION: INDUSTRY CODE: 00 STATE OF INCORPORATION: VA VIRGINIA STOCK INDICATOR: N NON-STOCK MERGER IND: CONVERSION/DOMESTICATION IND: GOOD STANDING IND: Y MONITOR INDICATOR: CHARTER FEE: 50.00 MON NO: MON STATUS: MONITOR DTE: R/A NAME: THOMAS R FRANTZ STREET: 222 CENTRAL PARK AVE AR RTN MAIL: SUITE 1700 CITY: VIRGINIA BEACH STATE : VA ZIP: 23462-0000 R/A STATUS: 4 ATTORNEY EFF. DATE: 10/20/10 LOC : 228 ACCEPTED AR#: 215 15 1364 DATE: 10/01/15 VIRGINIA BEACH CURRENT AR#: 215 15 1364 DATE: 10/01/15 STATUS: A ASSESSMENT INDICATOR: 0 YEAR FEES PENALTY INTEREST TAXES BALANCE TOTAL SHARES 15 25.00 (Screen Id:/Corp_Data_tnquiry) httns://cisiweb.scc.virainia.aov/instant.asnx 2/11/2016 ,amu°�+c Z ' [ fi `L`t if CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance from the Developmental Services Gift Fund for the Purchase of Supplies and Equipment for the SkillQuest Program MEETING DATE: February 16, 2016 • Background: The Department of Human Services (DHS) maintains a balance in the Developmental Services Gift Fund, which was established to receive funds donated specifically for the benefit of individuals partaking in Developmental Services provided by the Virginia Beach Community Services Board (CSB). The Fund currently has a $20,000 set aside for use by the SkillQuest program. SkillQuest provides training and support services to adults with a primary diagnosis of intellectual disability, many with multi-handicapping conditions. Training and support is provided in the areas of communication, socialization, academics, independent living, gross and fine motor development, behavior management, leisure skills, and community exploration. • Considerations: SkillQuest staff, with input from the SkillQuest Community Advisory Board, have proposed the purchase of ten iPad Air tablets with Wi-Fi, and ten 48" wall-mounted televisions to act as computer monitors for the iPads, at an estimated cost of $10,200. This technology will be employed to enhance the experiences of the individuals participating in SkillQuest activities. Funding for the entire purchase will come from funds previously received, but not appropriated, currently held in Developmental Services Gift Fund. As of February 2, 2016, the Developmental Services Gift Fund has a balance of$27,015. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Departme• • ' •ency: Department of Human Services ( ) City Manager: ` ill. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE 2 FROM THE DEVELOPMENTAL SERVICES GIFT FUND 3 FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT 4 FOR THE SKILLQUEST PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $10,200 from the fund balance of the Developmental Services Gift Fund is 9 appropriated, with revenues increased accordingly, to the FY 2015-16 Operating Budget 10 of the Department of Human Services to purchase ten iPad Air tablets and ten wall- 11 mounted televisions for the SkillQuest Program. 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: wt� C* c7 Budget and Management Services City Attorney's Office CA13566 R-2 February 3, 2016 J. PLANNING 1. MARK and CYNTHIA SUMMS for Modification of a Conditional Use Permit to expand a Bulk Storage (approved May 12, 1998) at 2616 Quality Court DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. OCEANFRONT INVESTMENTS, LLC for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re a hotel complex at 4201 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MICHAEL BINETTI for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re direct public access at 2929 Riddick Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. WILLIAM H. JOHNSON for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations re direct public access at Riddick Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. DISCOUNT TIRES OF VIRGINIA, INC. and LOTSALISA, LLC for a Conditional Use Permit. re auto repair at1600 General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. DISCOUNT TIRES OF VIRGINIA, INC. and HOLLAND CENTURY ASSOCIATES, LLP for a Conditional Use Permit re auto repair at 3949 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. TAKE 5 OIL CHANGE, LLC and LYNN PLAZA INVESTMENTS, LLC for a Conditional Use Permit re oil changes at 845 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL II ' 1T.-t „„,,,t, 4 „.; „.„.... „,..... ,..,,,,,,„,..... 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 16, 2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE DISCOUNT TIRES OF VIRGINIA, INC./LOTSALISA, LLC Conditional Use Permit (Automobile Repair Garage) 1600 General Booth Boulevard(GPIN 2415553211) DISTRICT 3-ROSE HALL DISCOUNT TIRES OF VIRGINIA, INC./HOLLAND CENTURY ASSOCIATES, LLP Conditional Use Permit(Automobile Repair Garage) 3949 Holland Road (GPIN 1486252370) DISTRICT 3-ROSE HALL TAKE 5 OIL CHANGE, LLC/LYNN PLAZA INVESTMENTS, LLC Conditional Use Permit(Automobile Repair Garage) 845 Lynnhaven Parkway(GPIN 1496347303) DISTRICT 6-BEACH MARK & CYNTHIA SUMMS Modification of Conditions to a Conditional Use Permit (Bulk Storage Yard) approved by City Council on 5/12/1998. 2616 Quality Court(GPIN 1496870664) DISTRICT 6-BEACH OCEANFRONT INVESTMENTS, LLC Subdivision Variance to Section 4.4(d) of the Subdivision Regulations.4201 Atlantic Avenue (GPIN 2418966085) DISTRICT 7-PRINCESS ANNE MICHAEL BINETTI Subdivision Variance to Section 4.4(d) of the Subdivision Regulations. 2929 Riddick Lane(GPIN 1493249224) DISTRICT 7-PRINCESS ANNE WILLIAM H. JOHNSON Subdivision Variance to Section 4.4(d) of the Subdivision Regulations. Approximately 50 feet northwest of Riddick Lane(GPIN 1493249463) All interested parties e invited to attend. Rut es Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JANUARY 31, 2016 & FEBRUARY 7,2016 "Fac'+ f�S yL� �V s) iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK&CYNTHIA SUMMS [Applicant/Owner], Modification of Conditions to a Conditional Use Permit (Bulk Storage Yard) approved by City Council on May 12, 1998. 2616 Quality Court (GPIN 1496870664). COUNCIL DISTRICT— BEACH. MEETING DATE: February 16, 2016 • Background: On May 12, 1998, the Virginia Beach City Council approved a 57,000 square foot bulk storage yard for the outdoor storage of motor vehicles on this site. The applicant requests a Modification to the existing Conditional Use Permit conditions in order to expand the existing gravel storage yard. • Considerations: The existing operating uses the property for the storage of repossessed vehicles awaiting disposition, either client liquidation or debtor redemption. This request is to expand the storage area along the rear of the property for these vehicles and create a separate gravel storage yard for recreational vehicles, equipment, cars, boats, etc. This area will provide space for vehicles belonging to those who are deployed or otherwise need secure and legal means of storing their personal or work vehicles. A 10,000 square foot office warehouse building is also proposed and will contain a manager's apartment, offices, warehouse space and space for indoor storage of vehicles. As required by the Zoning Ordinance, a solid, six-foot high fence with plant material (Category VI) is proposed along the western and southern limits of the storage yard. A deviation to the required Category VI screening is requested along the northern property line. This portion of the storage yard will be enclosed with a chain link electric fence, consistent with what currently exists on the site along this property line. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. Mark & Cynthia Summs Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval of this request to the City Council with the following conditions: 1. All conditions of the 1998 Conditional Use Permit shall be deleted and replaced with the following conditions below. 2. The proposed new ingress/egress along Quality Court shall comply with §3.10.2 Industrial Entrance Geometrics in the Public Works Specifications and Standards. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. The use of chain link fence shall be limited to the northern edge of the bulk storage yard at the location shown on the concept plan entitled, "Mark & Cynthia Summs, Concept Plan for Modification of Conditions." Category VI screening, a solid fence with a minimum height of six feet and a row of evergreen shrubs, shall be installed along the western and southern portions of the proposed bulk storage yard expansion, as depicted on said plan. • 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 r Ci ` 7 na•er: I Applicant and Property Owners Mark and Cynthia Summs Public Hearing January 13, 2016 Agenda Item 4 Virginia Beach Request !L Modification of Conditions (Bulk Storage) O' Production Road — 1-0 Staff Planner Carolyn A.K. Smith CPrecision Drive xeusior r Location \F 2616 Quality Court GPIN nuauri court --y ovniix�CT 0 1496870664 I-1 N Election District • i-1 Beach Site Size >75dBONLAICUZ 4.76 acres API2 AICUZ Greater than 75 dB DNL,APZ 2 Existing Land Use Office use and bulk storage Surrounding Land Uses and Zoning Districts Production Road North Office warehouse/ 1-1 Light Industrial • " - • South nonfat Quality Court . , _ Precision Drive Warehouse, bulk storage/ 1-1 Light Industrial - • t - East Office/ 1-1 Light Industrial Quality Court West ..c,. Office warehouse/ 1-1 Light Industrial = Mark& Cynthia Summs Agenda Item 4 Page 1 11 1 Background and Summary of Proposal • On May 12, 1998, the Virginia Beach City Council approved a 57,000 square foot bulk storage yard for the outdoor storage of motor vehicles on this site. • The applicant wishes to expand the existing gravel storage yard in the rear of the property for the storage of repossessed vehicles awaiting disposition, either client liquidation or debtor redemption. The average time these vehicles remain on the site is 10 days. • The request also includes a separate gravel storage yard for recreational vehicles, equipment, cars, boats, etc. This area will provide space for vehicles belonging to those who are deployed or otherwise need secure and legal means of storing their personal or work vehicles. • The submitted concept plan depicts the bulk storage areas, the new and existing buildings, parking areas, stormwater management facilities and an additional ingress/egress along Quality Court. • A two-story building with approximately a 10,000 square foot footprint is proposed with a front facade that will mimic that of the existing office warehouse building on the property, utilizing exterior building materials of brick veneer and standing seam metal roof. No garage doors will face Quality Court. • This building will contain a manager's apartment, offices, warehouse space and space for indoor storage of vehicles. • As required by the Zoning Ordinance, a solid, six-foot high fence with plant material (Category VI) is proposed along the western and southern limits of the storage yard. A deviation to the required Category VI screening is requested along the northern property line.This portion of the storage yard will be enclosed with a chain link electric fence, consistent with what currently exists on the site along this property line. (" >,. i Zoning History VRoovctld Production Road _ . # Request -� i 1 CUP(Boat&Vessel Repair, Bulk Storage)Approved 09/16/2014 4 r,_ ' illrC Precision Drive =E'.S� MOD Approved 06/24/2008 CUP(Auto Repair)Approved 10/29/1996 \l 2 CUP(Bulk Storage) Denied 03/11/2008 $ „dmcpu" -,u� ,,,, OWL,TM,' 3 CUP(Bulk Storage)Approved 08/12/2003 03 l-1 N CUP(Bulk Storage)Approved 02/24/1998 4 CUP(Bulk Storage)Approved 02/26/2002 • 1-1 CUP(Communications Tower)Approved 02/26/2002 5 CUP(Bulk Storage)Approved 05/12/1998 >75d8DN(AICUZ API 6 CUP(Bulk Storage)Approved 10/14/1997 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 Mark& Cynthia Summs Agenda Item 4 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area Special Economic Growth Area 2 (SEGA 2)—West Oceana. It includes Lynnhaven Mall, surrounding retail and office complexes, and Oceana West Industrial Park. SEGAs are predominantly non-residential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas.The City encourages new development or improved redevelopment proposals in this area to adhere to the City's AICUZ provisions and the City's economic growth strategies. (pp. 3-29 to 3- 30) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. There does not appear to be any significant environmental or cultural resources on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Quality Court No Data Available 9,900 ADT'(LOS 4"C") Existing Land Use 3 362 ADT Proposed Land Use -362 ADT 'Average Daily Trips 2 as defined by 4.76 acres of 3 as defined by no specific data for bulk 4 LOS=Level of Service 14 Light Industrial property storage yard so no change anticipated Master Transportation Plan and Capital Improvement Program Quality Court is a fully developed cul-de-sac that stems off of Central Drive. There are no roadway CIP projects planned for this roadway, nor is it part of the MTP. Public Utility Impacts Water & Sewer This site is already connected to both City water and sanitary sewer. Evaluation and Recommendation It is Staff's position that the modification request for the expansion of the existing bulk storage yard is generally consistent with the Comprehensive Plan's land use policies for SEGA 2 -West Oceana and is in accordance with the City's AICUZ provisions for uses adjacent to NAS Oceana. The expansion of the bulk storage yard within an industrial park on property zoned light industrial is a logical location for this use. Staff also supports the deviation of the Category VI screening along the northern property line, as dense, existing plant material provides a sufficient screen to the adjacent similar uses. Staff recommends approval of the Modification of the Conditional Use Permit, subject to the conditions below. Mark& Cynthia Summs Agenda Item 4 Page 3 Recommended Conditions 1. All conditions of the 1998 Conditional Use Permit shall be deleted and replaced with the following conditions below. 2. The proposed new ingress/egress along Quality Court shall comply with §3.10.2 Industrial Entrance Geometrics in the Public Works Specifications and Standards. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. The use of chain link fence shall be limited to the northern edge of the bulk storage yard at the location shown on the concept plan entitled, "Mark& Cynthia Summs, Concept Plan for Modification of Conditions." Category VI screening, a solid fence with a minimum height of six feet and a row of evergreen shrubs, shall be installed along the western and southern portions of the proposed bulk storage yard expansion, as depicted on said plan. 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. 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' • t5,'1, 11`.1:1- q 2 I,. ii.. -;r.-- Pro•l• ;.•\;' to O i s i , 4 1 Ii; ill ti ..i..�i 1 �.•r-•7 s'',Y�.��Ni•;;I -� :i-.i� G ._-__-.1`.. i 7 4.� ir':k�1_�. li 3 i1 iia , , sA '1-31, :-••• •••___{.......W .-. r _ --=. 3 • °if 1 1 I _ _ I f ro 1, Y i ry7 i uta` . iii; i ; i � Q .i >iC, u (i! .ce,I c1' c .#. I l * i 1 f h—v� • '� ,3I.l�jfelI i; ri f }I. t y - ; i i44 `LL s on Ij. _i I o;ti .114illik f!P ;, j; i ; i iiI , i I I ' _-. - v i •'1 y a' I'd 11 o ;4!1!18 111131111111 II =illi :i^'= iles,litee:, ;le ii l'i Mark& Cynthia Summs Agenda Item 4 Page 5 , 1 1 Site Photos . . .. , ., . -... ...... 4111 . ....._, -. - '1 J - 111"It- a , . . A .... — - .. , . . , , ,. . . I .• ' • N • I ..... . . . , ... ., • . • , ,• , , , , •- ' ' . ' - _ . • . .... ,... - - • 4,,.. ....,...._ 4.....,A, ' ....I.% , _AI:, .., :--- : ., - ..-'-•- V"" ji, ilz1"."4` at ` ---,-_,. ---'e'llaa:t.- --s. ......(3.,' .. , ' a- • ,T" ..--,-. ., _.. .... ,40111e`,---0 e e'......"''.---,......."7.01, C.._ ...., ..c ...1, Mark& Cynthia Summs Agenda Item 4 Page 6 Disclosure Statement 44 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City i Modification of by City__.. Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP Changes Board of Zoning - Encroachment Request Rezoning eals Certificate of j Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE IX Check here if the APPLICANT J5 NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or TOR CITY USE ONLY/All d sclosures must he undated two?Z)weeks priony Page 1 of 4 L:irtlety Ccmm ssian and City Courrrl meeting that pertains to the anplication;si. APPLICANT NOIIFItO OF HEARING DATE: lJ NO CHANGES AS OF , DATE: �• �'AY"T REVISIONS SUBMITTED DATE: Mark&Cynthia Summs Agenda Item 4 Page 7 11 Disclosure Statement CqM 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) N/A (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to 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 NOTa 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) N/A (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. Mark&Cynthia Summs Agenda Item 4 Page 8 11 1 11 1 Disclosure Statement lB Weak 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 uu ed additional sheets If n ® Accounting and/or preparer of +—� your tax return 1 ,1 Architect/Landscape Architect/ i land Planner Contract Purchaser(If other than ii ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) E1 2 +Construction Contractors �J 0 Engineers/Surveyors John E.Sirine&Associates The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Mark&Cynthia Summs Agenda Item 4 Page 9 Disclosure Statement Virginia Beach Financing(include current u R7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Li ® Legal Services Real Estate Brokers/Agents for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ ® contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an}�,plic y or ittee in connection with this Application. Mark Summs I ,(J2/ - APPUCANTS SIGNATURE PRINT NAMEI DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE / The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Mark&Cynthia Summs Agenda Item 4 Page 10 Item#4 Mark&Cynthia Summs Modification of Conditions 2616 Quality Court District 6 Beach January 13, 2016 CONSENT An application of Mark&Cynthia Summs for a Modification of Conditions to a Conditional Use Permit (mini-warehouse & Bulk Storage Yard)approved by City Council on May 12, 1998 on property located at 2616 Quality Court, District 6, Beach. GPIN: 1496-87-0664-0000. CONDITIONS 1. All conditions of the 1998 Conditional Use Permit shall be deleted and replaced with the following conditions below. 2. The proposed new ingress/egress along Quality Court shall comply with §3.10.2 Industrial Entrance Geometrics in the Public Works Specifications and Standards. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. The use of chain link fence shall be limited to the northern edge of the bulk storage yard at the location shown on the concept plan entitled, "Mark&Cynthia Summs,Concept Plan for Modification of Conditions." Category VI screening, a solid fence with a minimum height of six feet and a row of evergreen shrubs, shall be installed along the western and southern portions of the proposed bulk storage yard expansion,as depicted on said plan. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE II Item#4 Mark&Cynthia Summs Page 2 THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 4 for consent. Mark Summs appeared before the Commission. I O,jQy�N�U"ti1Cyy, p7 r� CITY OF VIRGINIA BEACH AGENDA ITEM 1. ITEM: OCEANFRONT INVESTMENTS, LLC [Applicant/Owner] Subdivision Variance to Section 4.4(d) of the Subdivision Regulations. 4201 Atlantic Avenue (GPIN 2418966085) COUNCIL DISTRICT—BEACH MEETING DATE: February 16, 2016 • Background: The subject site is located in the Oceanfront Resort Strategic Growth Area and is zoned OR- Oceanfront Resort District. The applicant desires to subdivide the existing 6.151 acre parcel into three lots in order to facilitate development of an Oceanfront Resort hotel complex. Proposed Parcel 2A will be developed prior to the other two parcels and will be the site of a new Beach Club. Proposed Parcel 2A does not front on a public street and a Subdivision Variance is required. Access to Parcel 2A will be provided by an ingress/egress easement from Atlantic Avenue. Parcel 2A meets all size requirements of the Oceanfront Resort District. is Considerations: Because Parcel 2A will be developed with a Beach Club that will be an amenity to the residential project under construction on the west side of Atlantic Avenue, the developer needs to create this site as a separate legal parcel for financing purposes. Approval of this subdivision variance to create Parcel 2A will not be a detriment to adjacent properties or the character of the Oceanfront Resort District. This site is part of a unique major resort project and Parcel 2A needs to be created due to financing arrangements. The proposed subdivision will better accommodate development that meets the prescribed criteria of the Oceanfront Resort District Form-Based Code. Further details pertaining to the application, including a copy of the preliminary subdivision plat, are provided in the attached staff report. • Recommendations: Although there was no opposition to this request, the Planning Commission heard the application in order to get a full explanation of the proposal on the record. Verbatim minutes of the hearing are part of this package. The Planning Commission voted to recommend approval of this Subdivision Variance by a vote of 9 to 0 with two abstentions, subject to the following conditions: 1. The site shall be subdivided substantially as shown on the submitted exhibit titled, "PRELIMINARY SUBDIVISION OF PARCEL 1," prepared by WPL, and dated September 28, 2015. Oceanfront Investments, LLC Subdivision Variance Page 2 of 2 2. An ingress and egress easement benefitting proposed Parcel 2A by means of proposed Parcels 1A and/or 3A shall be included on the plat prior to being approved by the City of Virginia Beach Development Services Center. • Attachments Staff Report Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep• •en 9encY� Planning De artmeie% / 4 -01/146C1 City Manager: Me Applicant and Property Owner Oceanfront Investments, LLC Public Hearing January 13, 2016 Agenda Item 9 Cr1y„( Virginia Beach Requests _ Subdivision Variance �A - 1,‘�,k t. Cis To Section 4.4(d) of the Subdivision Ordinance 10,: .7...iwoliorapi r Ili --'" '" , Staff Planner Kristine Gay _ .•e i Location 1 , "— 4201 Atlantic Avenue - GPIN 24189660850000 ""'o : '' Election District Beach t '''',4• j .%,\ Site Size ,,,,,... c 11 6.151 Acres Ocean z AICUZ _ lid!, 70-75 dB DNL n , Existing Land Use ft Demolished hotel,vacant E'"'of it Surrounding Land Uses and Zoning Districts f North , ...1, IS I 1 Jr < Single-family dwellings/ R-7.5 Residential ,10 -` ilirt 't , -. ± . 4v_ . v South �, Atlantic Avenue A2'" Hotel/OR Oceanfront Resort `_. ""� w East ' 41 ` � 4 - *-' Oceanfront t,',` ' * . . West ' - R ,, :-• Pacific Avenue Cavalier residential development/OR d '! -�v.. ' Oceanfront Resort - t , �k? � • r,. . ... .,,,, ,,,ii- _ik `. L Oceanfront Investments, LLC Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant is requesting to subdivide the existing 6.151 acre parcel into three lots.These proposed parcels are referred to as Parcel 1A, 2A, and 3A on the submitted exhibit. • Parcel 2A does not front on a public right-of-way as required by Section 4.4(d) of the City of Virginia Beach Subdivision Regulations. Thus, the applicant is requesting a Subdivision Variance. Parcel 2A meets all other dimensional requirements required by the Oceanfront Resort District Form-Based Code. • The site is flat and vacant; the previously existing hotel was recently demolished. • An ingress/egress easement is required to provide access to Parcel 2A across proposed Parcel 1A and/or 3A, from Atlantic Avenue or Pacific Avenue. • Proposed Parcel 2A will be the site of the new Beach Club to be constructed prior to the hotel project.The Beach Club needs to be on a separate parcel due to financing requirements. R7.5 2 R7.5.` zah 4� Zoning History a # Request 1 CRZ Approved 12/10/2013 OR SVR Approved 12/10/2013 OR ALT Approved 12/20/2013 7 2 NON Approved 10/11/2005 3 CUP Approved 06/27/2000 4 NON Approved 03/09/1993 .i nQ Ii1I� r.J OR 4 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 Comprehensive Plan Recommendations The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Oceanfront Investments, LLC Agenda Item 9 Page 2 Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area.The proposed subdivision variance will continue to allow the site to be development in a manner that is consistent with the objectives of RASAP. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations 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. Approval of this subdivision variance to create Parcel 2A will not be a detriment to adjacent properties or the character of the Oceanfront Resort District.This site is part of a unique major resort project and Parcel 2A needs to be created in order to meet financing requirements.The proposed subdivision will better accommodate development that meets the prescribed criteria of the Oceanfront Resort District Form-Based Code. For these reasons, staff recommends approval of the request for a Subdivision Variance subject to the conditions listed below. Recommended Conditions 1. The site shall be subdivided substantially as shown on the submitted exhibit titled, "PRELIMINARY SUBDIVISION OF PARCEL 1," prepared by WPL, and dated September 28, 2015. 2. An ingress and egress easement benefitting proposed Parcel 2A by means of proposed Parcels 1A and/or 3A shall be included on the plat prior to being approved by the City of Virginia Beach Development Services Center 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. Oceanfront Investments, LLC Agenda Item 9 Page 3 Proposed Subdivision Exhibit N O O O Al. Q O W ti N O M T \� NY Z N \N ..' ¢ m /1111 .Kn n �., N F nZ¢ Ww Q r^';,,, O W m= g ~bs�°jires F W w �� ' ^„,oz� vel !yr O' z t^a 04 U g -01,-)›—!idE02 03,4 I r7 Ca O 1<oW�.s AYJJO OMNI,Cd f o >-X a (uttaao(ttocmt ` E. > #1309',MOM,'as AID JO Ale,06H y m C4 U I .0 730E/Vd. E] W ca- --,1 I I— .- >x s F j ; U e I 5"- n � I O, , .�- ,....... 0\ I _._.. [ X — - J h - v in .on � zp.. w w W; 41 •••• ----b. , r.'rt�^+ LoI E:, C o y n•o .; w � l 1 NUE 4 m • 0. „we;o.w �o --- -- i Zig '(8°0"• a� '- ` , A Y -- (1 1I J 6-,,,,,....M) (or Co 99 en)(0 Co Cs 98) ((f Co'01 en)Os, Co s on) (rtttuonrrr.0'.o) (/✓b YMCA M1C'4 bwn C.0)3) (or od AS'en)(0 of'00! eN 3nN3A V OLLNV71 V ?Jd 9) 88)01 ad o/ en)(is, x r 0 I Pot/b J176 f WOO.em f 000 C 3nN3A V Old/0 Vd 'de i w zq g d -ge. QRog;3 a ? o§1 "� ,-,i,..: ,`��Wn y0 o y G-9-3 .o<}V} a2 0 ;yV • Z § tr4'Y s 7s �t gs . x sa d.g max � m ngg 4 Oceanfront Investments, LLC Agenda Item 9 Page 4 Proposed Subdivision Exhibit OCEANFRONT AVE t1 - ,, , . ICAVALER XIO E6• 1 I 1 I (20'mew VW CAVALER SHORES _� NS P.V IX 1 A 1c 3/ T' N s•2+0 /,u ,.. .�,,..,•. rwr. 47 —__ N 11 -''": w.ra WSW 1...Amen11M11, 42 .. STREET E� �v�w++aw 4,s ',1• %'VW lmt.O M.aK me FLOWS I.Wanxeni11nla 1i.Xc me FLOry n,,,,,AOr H•Aaa•w I•VW 1 t m-t 113110[ M, hA wt lc.l/Ns,a.c A rot.aOS MY ` I. I --\ i 11.3 I � . JProve.oa' O YOPa1.. "'Ili.;-8" M PARCEL IA' e, 1 310 50.!I. OQd`3: • VAfNls » lc.., 2 Y (::".=.,-. les:9n,r,,n • sc Ey , J.e• o .103'23101.310 !8 E_11 (71.17,",.r.,;;"*""00. 01Q 6 i (jr . a 5�a • 1 reMgV'1 r .wttW um-SMUT 5 Or 3 •- ii . LEADS 2333 wr la au aa.ar -�---.. a I X Pars mama. �.CRAPNIC SCALE--r 1 ��A S PARCEL I COXED fir I C CAVALIER HOTEL ORPORATION AND '. '}�oa.na .4113 'Y0'� THE CITY OF VIRGINIA BEACH .�A II 1047C1110.t 1:11) SVM' ami.Pel s..••I/.wIl+ VIRGINIABHBBACB,VA SEPTEMBER 20.2016 " -. SCALE: "=00• SHEET 2 OP 3 t 214-0031 4 I - •• t 1, WIC"LMC$AGE/201 3 7. I,,700,3•1 I re,a- 1 .,,. aLP�aa�Ea7I9aYbiVa�i IL�lr J:qPARCEL IA'iy .J,7Es 50 11 ` ';17%.•E‘ JAR[t 1g ti •�,t ... PARCEL 2A' lit .' x0112011 V..4. 1Z`� lI, OAS Ida 4 • 5, j 3 •.SWM' ----=•1.,r-----�LLama a Lama as 'l amioll<wi ' � � Y A-at1,3.. t P.M.•ArVVBu, Q E_ IMO.WNW yf;Ya gall ]I$E? PARCEL9A'8A' RA E - I [ 8 3 3 Lass Aa1J roa•.r,aq. � �� Ifs$B ""a"M IX WSW R • C0L•WIaI4M Imo_•�y"'dam_ astroamst C . et mix1' 11.0,11200. , Bk neoramar.: r t b1/a14 1 ay iLa lAr sa MB no y ,Ara",•JAW' M _LES OMNI OOEOa iptlitlpOB A.0 Mr 4I-Ils •NOS AN Rte/MI0 foL Wa.P<s1 >• X 2310 VAa�t M M4 a-IPN -_ -__.... im.Bk.:— .4'/OA' b • a. PARCEL 11 er L.:m.......) _ 4F.,..,,„�AaA w 70 .. amAml o XE14EIE1 Gam IN °SEM' GRAPHIC SCALE CAVALIER HOTEL CORPORATION AND j o�ow��e THE CITY OF VIRGINIA BEACH 'sts. 1 o ,.. F wr" OAsmAawllan) A:mo.w r ri:as EMU=BEACH.VA BQ 20,2016 SCALE 1'.20• MET 3 0?3 t _— Oceanfront Investments, LLC Agenda Item 9 Page 5 ti- -1 ws,1c MB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 0 SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY LISE ONLY /'II cI cl. i,c&, n ri 1 -ul,cdird 1 i L:'.Fr1 ' I' ic'I tr'an. Page 1 of 4 tia+,ninn con.,,,,-,len aid(it; 'r tinc,l ntt-etirur 0.o I.-rainy tC tl e ai 1.1,-:.ti.,r1,::,. 0 APP1!CANT NOT IF IE U Of HEARING L,-•I E 0 NO CHANGES AS OF L'%•.'E. 0 REVISIONS SUBMIT TED L.A I L 11 )•l2 ��/G Virginia Beach Same as Applicant. 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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 111 Accounting and/or preparer of Dixon Goodman Hughes your tax return IZ Li Architect/ Landscape Architect/ Hanbury Evans Wright Vlattas and Land Planner Company/WPL/EDSA Contract Purchaser(if other than nIx the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors WM Jordan nEngineers /Surveyors WPUKimleyHom/CherwaEwingNitok The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II �.l ale//6 Virginia Beach Financing (include current TowneBank ® fl mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Troutman Sanders LLP;W,iliamsMullen Real Estate Brokers/Agents for East Beach Realty dba Cavalier current and anticipated future Realty Associates(Adjacent sales of the subject property Residential Parcel) 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 eti of .n .ublic bod or co m' tee in connection with this Application. `s I.ra _►- .,e.. 1?\C. anager r' BY: Robnr�-_ 14044-1Yftr_CIO JO-2-�d 5 APPLICANT'S SIGNATURE PRINT NAME DATE Robert M. Howard, CIO PROPERTY OWNER'S SIGNATURE PRINT NAME J 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. Subdivision Variance Application of Oceanfront, LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc.,below: 1. Applicant's Name: Oceanfront Investments,LLC 2. Members of Oceanfront Investments,LLC: a. John R. Lawson b. Bruce Thompson c. DMRI, LLC i. The Edmund C. Ruffin Irrevocable Trust — 2012 (Robert M. Howard, Trustee) (Sole Member) d. Cavalier FP, LLC i. Members of Cavalier FP,LLC 1. D.B. Frye,Jr. (Sole Member) e. COTH, LLC i. Members of COTH, LLC 1. Michael Levinson 2. George Metzger 3. Larry Slipow 4. S. Michael Shocket Revocable Trust(Alvin Wall, Sole Trustee) 5. Ralph Reynolds f. Cavalier Investors I, LLC i. Members of Cavalier Investors I, LLC 1. Pieter H. Reidy(Sole Member) g. Cavalier Investors II, LLC i. Members of Cavalier Investors II, LLC 1. James W.Reidy(Sole Member) h. Cavalier Investors III, LLC i. Members of Cavalier Investors III, LLC 1. Michael L. Reidy(Sole Member) i. Hospitality Investment Associates—Cavalier, LLC i. Members of Hospitality Investment Associates—Cavalier,LLC 1. Professional Hospitality Resources, Inc. a. Shareholders of Professional Hospitality Resources, Inc. i. Bruce Thompson ii. Edmund C. Ruffin 2. Robert M. Howard 1 (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: 1. Cavalier Associates LLC a. Members of Cavalier Associates LLC i. John R. Lawson ii. Bruce L. Thompson iii. DMRI,LLC iv. Cavalier FP, LLC v. COTH,LLC vi. Cavalier Investors I, LLC vii. Cavalier Investors II, LLC viii. Cavalier Investors III,LLC ix. Hospitality Investment Associates—Cavalier, LLC 2. Atlantic Coast Development,LLC a. Members of Atlantic Coast Development,LLC i. John R. Lawson ii. Bruce L.Thompson iii. DMRI, LLC iv. Cavalier FP, LLC v. COTH, LLC vi. Cavalier Investors I, LLC vii. Cavalier Investors II, LLC viii. Cavalier Investors III,LLC ix. Hospitality Investment Associates—Cavalier,LLC 3. Cavalier Associates Development, Inc. a. Shareholders of Cavalier Associates Development, Inc. i. John R. Lawson ii. Bruce L.Thompson iii. DMRI, LLC iv. Cavalier FP,LLC v. COTH, LLC vi. Cavalier Investors I, LLC vii. Cavalier Investors II, LLC viii. Cavalier Investors III,LLC ix. Hospitality Investment Associates—Cavalier, LLC 4. Cavalier Residential Builders, LLC a. Members of Cavalier Residential Builders, LLC i. John R. Lawson ii. Bruce L. Thompson iii. DMRI,LLC iv. Cavalier FP, LLC v. COTH, LLC vi. Cavalier Investors I,LLC vii. Cavalier Investors II, LLC viii. Cavalier Investors III,LLC ix. Hospitality Investment Associates—Cavalier, LLC 2 II Item#9 Oceanfront Investments, L.L.C. Subdivision Variance 4201 Atlantic Avenue District 6 Beach January 13, 2016 REGULAR Jeff Hodgson: Please call the next item. Jan Rucinski: Okay.The next item on the agenda is item 9, an application of Oceanfront Investments, L.L.C.for a Subdivision Variance to Section 4.4(d)of the Subdivision Regulations on property located at 4201 Atlantic Avenue, District 6, Beach. R.J. Nutter:Thank you very much. Thank you Jan. Mr. Chairman and members of the Commission,for the record, my name is R.J. Nutter. I'm an attorney representing the applicant.This is an application for a subdivision variance. And the purpose of this process,as you know,when you have a property and you want to divide it into more than one parcel,you all have an entire ordinance that sets the requirements for that process. The proposed lot that we are seeking the variance on today meets all of those criteria. In other words,the lot we are proposing to do has a relatively limited purpose for it, but it meets the size requirements of the ordinance. It meets the lot width requirements of the ordinance. It meets virtually every criteria of your ordinance,with one exception. It does not have direct access on a public street. You have these applications come all the time when you have flag lots,with area around the water. In many cases,when you have a property down in the southern end of the city, Mr. Horsley, Dr. Kwasny,where you have a property that has access to a private roadway rather than a public roadway. So,this is only unique in that this one,again,does not have access out to Atlantic Avenue. It does have direct frontage on it. I did hear a lot of questions this morning in the briefing, and there are a couple of things I want to make very clear for you.This posted public right-a-way of course, is Atlantic Avenue. This parcel will be served by easements because the property owner of this parcel is the same property owner of the adjoining parcels. When these parcels are developed,the plan for it will incorporate an access way that will allow access from Atlantic Avenue into this parcel and into the other parcels. That will be a perpetual access way. It will be a private access easement. This is not uncommon at all in shopping centers, rather large parcels of land that are served by an easement process other than any public right-a-way. The easement will be granted as perpetual. The easements are required to be perpetual. So,this parcel will always have a direct access via a private easement to Atlantic Avenue. Now the reasoning for this,quite frankly, is limited to sort of a financing issue,which I'm happy to explain it to you. And that has to do with the fact that when this property,the large parcel, is developed with a large tower hotel, and when this parcel is developed with a large tower hotel,each one of this will have separate loans. And,they did not want to encumber this parcel with loans on these properties. And, because this is,for a beach club,for the benefit of the homeowners in the historic hotel an the historic property across the street. All of them will have the ability to participate in this beach club,as the owners of the property on this historic side. Their property interest here could be in jeopardy because of any financial issue that might attach to the adjacent parcels. As a result of that, we decided to create a separate parcel. It will have its own loans on it. It would be completely independent of the activity of the loans on the other parcels,so it will be like a pool in a common area, if you think about it from that perspective. If one of the homes in the subdivision has a financial issue,the II Item#9 Oceanfront Investments, L.L.C. Page 2 common element won't be affected by what's happening around it. There are a lot of ways to explain it to you. I hope that it helps. And what Mr. Inman described to you, him being an attorney as well, is this really is a variance from that frontage requirement. We have to still submit a subdivision plat. The subdivision plat has to show the exact delineation of the easement. That access way has to be approved by your Traffic Works, Public Works,and DSC. There are only 11 of you here. There are more departments looking at this than there are members of the Commission. So I can guarantee it will go through the full review process, and it won't be approved unless the city and all the other departments sign off on the access way. I did provide you, during the break a sort of exhibit. This is preliminary, but it will give you an indication on who would have the common access ways. It is very difficult to see on this one. It is difficult for me to see and I know where it is. It is a combined access way through here, and it is designed so there will be a parking structure in the new deal right here,so it is designed so you can pull in off Atlantic Avenue and go into the parking structure and then have access here. There will be a few parking spaces here, but generically,the parking is going to be in the parking structure located here. And the parking structure,as you probably would guess,will be largely wrapped with condominiums to very aesthetic pleasing to that area. I hope that answers your questions as to and is a little primer on subdivision variances and subdivision how the plats are actually approved. Jeff Hodgson: Are there any questions for Mr. Nutter? Mr. Brockwell? Ross Brockwell: I'll ask a question to make sure I understood. So,this is being done not for any financial advantage or anything. It is being done because the interest in this parcel is for the homeowners across the street,so this is being done to disassociate the liens on loans for the development of this property? So, if something happens in 1A or 3, it doesn't affect this property and the intended use of it. R.J. Nutter: Yes sir. Ross Brockwell: Thanks R.J. Nutter: That is exactly right. Jeff Hodgson: Is there anyone else? Bob Thornton:On the little diagram you gave us R.J., it looks like assuming that is what gets built,when you come in off of the termination of Atlantic,you would make a right in and you would either go to the south to the hotel below or to the north hotel. Is that going to be the main entrance point for both of those hotels? Your drawing doesn't show it. R.J. Nutter: It will be the main entrance point. Bob Thornton: So,all of that traffic going to those two hotels will come in and bear left or bear right in front of this club,this beach club. R.J. Nutter: Yes sir. This will be the lower one-story structure, if you will, between the two towers. Bob Thornton: And you would think that most of the people that use that will come across the street on foot or golf cart or some bicycle rather than. There are almost no parking spaces. 1! Item#9 Oceanfront Investments, L.L.C. Page 3 R.J. Nutter: People are tempted to walk across or take their golf carts across. There will be a tram service offered as well at the hotel, so that is how they will potentially. Some may park across and if they want to drive in directly,they have that option to park in the garage as well. Bob Thornton: Okay. So the beach club people can use the garage parking? R.J. Nutter: yes sir. I want to make sure they have a building to get on the site if they want too with their car. And actually,the whole access to this entire thing has got to be approved. It will need some other access points as well, but the primary access is kind of what you're seeing here. Jeff Hodgson: Are there any more questions for Mr. Nutter? Thank you sir. R.J. Nutter: Thank you. It has been my pleasure. Jeff Hodgson: Do we have any other speakers Jan? Jan Rucinski: No. Jeff Hodgson: That is are only speaker. So,we will close the public hearing and open it up for discussion. Would anyone like to make a motion? Ross Brockwell: I'll make one. It is a little bit clearer to me now. If you had a question or comment, I'll wait. I'll make a motion that we approve this agenda item. Jeff Hodgson: A motion made by Commissioner Brockwell. Is there a second? Jack Wall: I'll second it. Jeff Hodgson: A second made by Commissioner Wall. David Weiner: I'll abstain on this one. I have a working relationship with the contractor on the application. Jeff Hodgson: Okay.There is an abstention for David Weiner Mr.Weeden. Ronald Ripley: Mr.Chairman? Jeff Hodgson: Yes sir. Ronald Ripley: It also lists Towne Bank as the bank,and I am on the advisory board in Chesapeake Towne Bank,and so I am going to abstain too. Jeff Hodgson: Noted. Is there anyone else? Alright Mr. Weeden Ed Weeden:The vote is open. AYE 9 NAY 0 ABS 2 ABSENT 0 II Item#9 Oceanfront Investments, L.L.C. Page 4 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER ABS By vote of 9-0-2,with the abstentions so noted,the application has been approved for Oceanfront Investments, L.L.C. Jeff Hodgson:Thank you Mr. Nutter. 11 1111.1 I Ili -- -.. —. —-- -L-- -- • _ _ .411111=I -'-:-: , ..,,... •.-.:-.-:',- r.---q„ - - -. . - - .,_.-...„--..• ',,:-.- ilt: -!-!?..• - ,:--:-'.„4:,;-. ,_,, _,-:,,.---.._ ---- - ' - ......- eq_s_........,--- ;:i5.,.-,... .. :i- , ...,.,--, ,.---- , .. ..„,- .....,-e , 1 1 -4 ..,... ,. . %-- r— .1.- r—' Nowallil ' ,., ,...... .., .._ , --, •, C.- —_ A. ,.„..! . .. 00 \ i II "111 .....-- ,..„....- " ,.... _.,... ....,‘,...,:i. ,, . ........ ,. ' ' a A-* _ -- 4,..- -........,-. • . \4'/' ' •le1 -0'41- • 4-1-• .. I71,.._,... 1S-. t 1 # . :r 1 4-- '.,4 7-4-310:14*•;4:,07.4-'.-.%,0.;;i,;::,A'-,.4." 1.411.4.I11F1 II I I MuyS� F,, :t Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL BINETTI [Applicant/Owner] Subdivision Variance to Section 4.4(d) of the Subdivision Regulations. 2929 Riddick Lane (GPIN 1493249224) COUNCIL DISTRICT—PRINCESS ANNE. MEETING DATE: February 16, 2016 • Background: A survey of the subject 1.44-acre parcel was completed on July 24, 1956; however, the parcel was not legally created because it did not provide direct access to a public street. Access to the parcel is via a 30-foot wide private easement within Riddick Lane. Section 4.4 (d) of the Subdivision Regulations require that all lots created in a subdivision shall have direct access to a public street and therefore this variance is necessary to legally record the parcel. • Considerations: The subject parcel exceeds the minimum lot area requirement of one-acre in the Agricultural District, but lacks direct access to a public street. The parcel contains a single-family home, and there are no changes or new development proposed with this request. This variance will simply allow for the parcel to be legally recorded with the Clerk of the Circuit Court. Further details pertaining to the application, 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF LOT F PROPERTY OF WILLIE RIDDICK, FOR MICHAEL BINETTI," dated July 14, 2009 and prepared by Kellam Gerwitz Engineering- Surveying-Planning. 2. The site shall remain connected to City sanitary sewer via a grinder pump and private force main or by any other acceptable option approved by the City of Virginia Beach Public Utilities Department. Michael Binetti 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. 1 Submitting Depa eIlk- . , ncy: Planning Departme(111 r 4)... �,� `, City Manager: Applicant and Property Owner Michael Binetti Public Hearing January 13, 2016 Agenda Item 14 c'rry..r Virginia Beach Request Subdivision Variance to Section 4.4(d) of the Subdivision Regulation which requires that a lot must have direct access to a public street. \PD\-wi ''"✓� " ' 1 Staff Planner •,o` PD-H1 '"" Jimmy McNamara '" , • M i°° m 65-70 AICUZ Location ". 2929 Riddick Lane . � GPIN 14932492240000 Election District PD-lit Princess Anne , '' Site Size 1.44 acres "" w t - 4' AICUZ 65-70 dB DNL - Existing Land Use Single-family dwelling Surrounding Land Uses and Zoning Districts 11North o o`"e �ga Single-family dwelling /AG-1 Agriculture South 2, Single-family dwelling /AG-1 Agriculture East c Riddick Lane Single-family dwellings/PD-H1 Planned Development . j lturIIIIIIII %ommmirih. , Single-family dwellings/ PD-H1 Planned ° Development µyaoe / / ��cf. 4 Michael Binetti Agenda Item 14 Page 1 I I I I Background and Summary of Proposal • The existing lot (1.44 acres) is zoned AG-1 Agricultural District.There is a single-family dwelling on the property. • The subject lot was illegally established by survey on July 24, 1956. As such, failure to put a plat to record created an illegal subdivision of the property. • The lot failed to meet the 100-foot lot width requirement, as the parcel does not front a public right-of-way. • Vehicular ingress and egress is via a 30-foot wide private easement within Riddick Lane. .•. PD-H1 'm JPO PD-H1 - 0a�o • 65J0 dBea�AICUZ Zoning History # Request AG-1 • 1 CUP(Golf Course)Approved 05/11/1999 2 MOD Approved 05/13/2008 lr it 3 SVR Approved 09/27/2011 PDM 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 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Transition Area. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather, they enable a more limited type of development, with its own development standards suitable to the character of the Transition Area, where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. Michael Binetti Agenda Item 14 Page 2 II Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed. There are no known cultural or environmentally significant features on the property. Traffic Impacts Street Name. . Present Voice. PresentCarenitY Gene Indian River Road 7,800 ADT' 15,000 ADT'(LOS°"D") Existing Land Use 3 10 ADT Proposed Land Use -10 ADT 'Average Daily Trips 2 as defined by one 3 as defined by one residential dwelling 4 LOS=Level of Service residential dwelling Master Transportation Plan and Capital Improvement Program The site is on Riddick Lane,a private street off of Indian River Road, which the Master Transportation Plan lists with an ultimate 150-foot right-of-way with four lanes.There are no CIP projects on this segment of Indian River Road. Public Utility Impacts Water City water does not front the property, but the following options are available: 1.A private well may be installed with Health Department approval. 2. City water may be extended for connection, provided hydraulic analysis supports the potential demand. Plans and bonds are required for extension of the water system. Sewer City sanitary sewer does not front the property, but it is currently connected via grinder pump and private force main. This connection may be utilized or the following options are also available: 1.A private septic system may be installed with Health Department approval. 2. City sanitary sewer may be extended for connection to. Plans and bonds are required for extension of the sanitary sewer system. Evaluation and Recommendation Section 9.3 of the Subdivision Regulation 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. Michael Binetti Agenda Item 14 Page 3 I 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. This Subdivision Variance request will allow the existing parcel to be legally recorded with the Circuit Court.The subject lot meets the minimum lot area requirement, but lacks direct access to a public street. It was not uncommon in the 1950's for lots to be created illegally, as is the case in this situation. Staff finds this request is generally consistent with the Comprehensive Plan's policies and land use goals for the Transition Area regarding compatibility with residential uses and the surrounding area. The existing single family use is consistent with the recommendations of the Comprehensive Plan and the Interfacility Traffic Area and Vicinity Master Plan for this area. Based on the considerations above,Staff believes there will be no adverse impacts on the adjacent properties and recommends approval of this request subject to the conditions below. Recommended Conditions 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF LOT F PROPERTY OF WILLIE RIDDICK FOR MICHAEL BINETTI," dated July 14, 2009 and prepared by Kellam Gerwitz Engineering— Surveying—Planning. 2. The site shall remain connected to City sanitary sewer via a grinder pump and private force main or by any other acceptable option approved by the City of Virginia Beach Public Utilities Department. 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. Michael Binetti Agenda Item 14 Page 4 Preliminary Subdivision Plat w Tz ,7,-( 4,U) k , A z j)-0 L() O ,,O �i in 3 p F\,..: f•-\ \ �. pbpd• Y O l \ .�j�/ -�+lY L“ O ? - .. frl jJrMi2:n z �o. 'M�.e y /��o/J "/ f Pers i ,JTn KmQ z N ii u) Ry42 NN E <2w \M'fi? LL W :0,a / b / bzN .NNp / -s,--.1 z Q L 3 w >a g Ods Zp 61 �i / -4,0 <v wgap ,i / ,n,q< , Oow p • .... 1 f 8 4 ?.,_;.1 DQ` / >=z 10 p Yi I ;r�FX ~ O< <LL VR'�� I / i C z 0d'. O> / / / F zp i r Q �� Q BI N=)6 p w z QI F-� / g` / .�!%,1- n (zi w<vin y i //' / > ary� -z �aW,n yo ) „e 1 z 3w °zo ao�w I < it.„1 ;•y1 F / (u),!:,,,6 W W< W / ' a�� n� as o�QtN / ,P-,--g. NF- NS aEo / / w[E[ / / 3Z�7 =4. ZFZ- ZQO< / y0 / y° / /r,� a \vJ 4,//7, 3 / p / 1 0 g i ,., t. ..,,, / / / 1-,.i _ /� / .‹ 3 LL`' / / / \_J — / 'S / 1 5, \44 '..a 1 / / / O < / a / a' z / i/ / Q �/ 7„.„.4In gn > / CNB Z a I JCI / /Ax .-<- iO V / J6 5' E" )ill u, J uLJ / I rE N Q -'O r. I2�.rr v r U 1 a CK M,0G00 N 'r Ium Nolan N a 3 3/N e_ m a Y J (V W 2 6 Q Michael Binetti Agenda Item 14 Page 5 1 1 Existing Recorded Plat y�,�p yp�y{ r. t g'i {{,1. �' f r,t .. �f'1 ,...,,,,,vi yh,t Y`jr t' i ,- f d 1 y 4} + r ; � � 1, I. tt' ,�a9r 'v i • i ti f w 4'; >a oli Ni; -! f4 loe ♦` 4tC' y' 04 { 1 0 ' SO<togt C J ,,4... wh A • n o 5 Y Aa8 h,4...."' r a A E * , 4 v ► SCS'/$E Qt.f •` w 0 ' i \ ti , i i . sad s•a• nea• = 4 ; i ; 1, I. ' `.r is Eh ti. • Saf.Sf seas' • b I. t Sof' F * '+tr , ,0� • f ,? y 4 I 'i 4 yf( i. ; ti 1"u' , I r , o° a v , , 4' 4-4. • i#mo ^ais � Cbz v 4l4i `s. dei k ra • ! ;°fi n r \ o 1 s Recorded in Map Book 41, Page 57 on July 24,1956 Michael Binetti Agenda Item 14 Page 6 Site Photos 7.;•:,„1.4-, - i_ '�,., a :�' f w ^ .a d i s , — -."`tN:'t . _ Michael Binetti Agenda Item 14 Page 7 Disclosure Statement Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 PlanninnCommission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: — REVISIONS SUBMITTED DATE: Z(,2,/ `11 f/11 r i h1GiL-^�.. Michael Binetti Agenda Item 14 Page 8 I I Disclosure Statement aj 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 footnotes1 and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Pr Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. H Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Michael Binetti Agenda Item 14 Page 9 Disclosure Statement ca Virginia Beach "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) a n Accounting and/or preparer of your tax return E EArchitect/Landscape Architect/ �- Land Planner C Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n R purchaser of the subject property I I I ") (identify purchaser(s)and purchaser's service providers) EtConstruction Contractors ' 1_ L J Engineers/Surveyors K e I k h1 `'� old G F L 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. Michael Binetti Agenda Item 14 Page 10 i I I I Disclosure Statement 6Yq sf Virginia Beach Financing(include current iryp �a mortl selectgage ed orhobeingders consideredandlenders to provide financing for acquisition C ! I PCI a k or construction of the property) nLegal Services Real Estate Brokers/Agents for n17 current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C 2 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 meeti , if anya blic body or committee in connection with this Application. 111((c:L( b 0.2:1-) ' turfs' AP' T'S URE PRINT NAME DATE PROPERTY•W R'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Michael Binetti Agenda Item 14 Page 11 II Item#14 Michael Binetti Subdivision Variance 2929 Riddick Lane District 7 Princess Anne January 13, 2016 CONSENT An application of Michael Binetti for a Subdivision Variance on property 2929 Riddick Lane, District 7, Princess Anne: GPIN: 1493-24-9224-000. CONDITIONS 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF LOT F PROPERTY OF WILLIE RIDDICK FOR MICHAEL BINETTI," dated July 14, 2009 and prepared by Kellam Gerwitz Engineering—Surveying—Planning. 2. The site shall remain connected to City sanitary sewer via a grinder pump and private force main or by any other acceptable option approved by the City of Virginia Beach Public Utilities Department. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 14. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 14 for consent. 4404L,i i i I I 2- t11441 ..t6k I -----,...,..,740e.,0 • 3/3 mi. re ct Z . ! D g ,, O I: CI No I 0 \ . \ 'it : \Si- . , ,a _,,,,----,7,74.9), 141 4 PCItli 71004 I / 7 ,' , ti 4.0„0 y o 7 �u S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM H. JOHNSON [Applicant/Owner] Subdivision Variance to Section 4.4(d) of the Subdivision Regulations. Approximately 50 feet northwest of Riddick Lane (GPIN 1493249463) COUNCIL DISTRICT—PRINCESS ANNE. MEETING DATE: February 16, 2016 • Background: A survey of the subject 1.68-acre parcel was completed on July 24, 1956; however, the parcel was not legally created because it did not provide direct access to a public street. Access to the parcel is via a 30-foot wide private easement within Riddick Lane. Section 4.4 (d) of the Subdivision Regulations require that all lots created in a subdivision shall have direct access to a public street and therefore this variance is necessary to legally record the parcel. • Considerations: The subject parcel exceeds the minimum lot area requirement of one-acre in the Agricultural District, but lacks direct access to a public street. The parcel is undeveloped and densely wooded, and no new development is proposed with this request. This variance will simply allow for the parcel to be legally recorded with the Clerk of the Circuit Court. Further details pertaining to the application, as well as Staffs evaluation of the request, are provided in the attached staff report. There was one speaker in opposition to this request. This speaker withdrew their opposition when they understood the details of the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF LOT 'H' PROPERTY OF WILLIE RIDDICK, VIRGINIA BEACH, VIRGINIA, FOR WILLAM JOHNSON,"dated December 1, 2015 and prepared by John E. Brunelle, L.S. Land Surveying. 2. Pending any further development, the site shall connect to City sewer via any acceptable option approved by the City of Virginia Beach Public Utilities Department. I. I it William H. Johnson 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 Departm mak- • ency: Planning Departmen(41170,- La v'. City Manager: tink\VP• bl Applicant and Property Owner William H. Johnson Public Hearing January 13, 2016 Agenda Item 15 Virginia Beach Request Subdivision Variance to Section 4.4(d) of the Subdivision Regulation which requires that a lot „, must have direct access to a public street. PD-H1 'I" Staff Planner o' • Jimmy McNamara • / 65-70•: = AICUZ Location w Approximately 50 feet northwest of Riddick Lane • GPIN 1/ 14932494630000 Election District .., AG-1 PD-H Princess Anne 3 Site Size 1.68 acres .moi\4 AICUZ a 65-70 dB DNL Existing Land Use Undeveloped wooded lot Surrounding Land Uses and Zoning Districts bows o^"e rb North Undeveloped Lot/AG-1 Agriculture South Single-family dwelling /AG-1 Agriculture East Riddick Lane Single-family dwellings/ PD-H1 West Single-family dwellings/PD-H1 /tea t ' c „ i a William H.Johnson Agenda Item 15 Page 1 Background and Summary of Proposal • The existing lot (Lot 'H', 1.68 acres) is zoned AG-1 Agricultural District. It is an undeveloped wooded parcel. • The subject lot was illegally established by a survey on July 24, 1956. As such, failure to put a plat to record created an illegal subdivision of the property. • The lot failed to meet the 100-foot lot width requirement, as the parcel does not front a public right-of-way. • Vehicular ingress and egress is via a 30-foot wide private easement within Riddick Lane. •••• PD-H1 as/ �.� PD-H1 •` 90° • 0 , 65-70 AICUZ Zoning History # Request • 1 CUP(Golf Course)Approved 05/11/1999 2 MOD Approved 05/13/2008 3 SVR Approved 09/27/2011 AG-1 PD-H cY m ' ti2 3 • 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 William H.Johnson Agenda Item 15 Page 2 I I I Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Transition Area. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north. Rather,they enable a more limited type of development,with its own development standards suitable to the character of the Transition Area,where greater integration of natural resources and more open space is planned to respect and protect the unique natural character of the area and to enable a true transition into the Rural Area to the south. Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed. The site is currently heavily wooded. Besides lumber from the trees,there do not appear to be any natural or cultural features on the site. Traffic Impacts Indian River Road 7,800 ADT 1 15,000 ADT 1(LOS 4"D") Existing Land Use 3-10 ADT Proposed Land Use -10 ADT 1 Average Daily Trips 2 as defined by one 3 as defined by one residential dwelling 4 LOS=Level of Service residential dwelling Master Transportation Plan and Capital Improvement Program The site is on Riddick Lane,a private street off of Indian River Road, which the Master Transportation Plan lists with an ultimate 150-foot right-of-way with four lanes.There are no CIP projects on this segment of Indian River Road. Public Utility Impacts Water City water does not front the property but the following options are available: 1.A private well may be installed with Health Department approval. 2. City water may be extended, provided hydraulic analysis supports the potential demand. Plans and bonds are required for extension of the water system. Sewer City sanitary sewer does not front the property but the following options are available: 1.A private septic system may be installed with Health Department approval. 2.A private grinder pump and force main may be installed. 3. City sanitary sewer may be extended for connection to. Plans and bonds are required for extension of the sanitary sewer system. William H.Johnson Agenda Item 15 Page 3 Evaluation and Recommendation Section 9.3 of the Subdivision Regulation 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. This Subdivision Variance request will allow the existing parcel to be legally recorded with the Circuit Court.The subject lot meets the minimum lot area requirement, but lacks direct access to a public street. It was not uncommon in the 1950's for lots to be created illegally, as is the case in this situation. Based on the considerations above,Staff believes there will be no adverse impacts on the adjacent properties and recommends approval of this request subject to the conditions below. Recommended Conditions 1. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF LOT'H' PROPERTY OF WILLIE RIDDICK VIRGINIA BEACH,VIRGINIA FOR WILLIAM JOHNSON," dated December 1, 2015 and prepared by John E. Brunelle, L.S. Land Surveying. 2. Pending future development,the site shall connect to City sanitary sewer via any acceptable option approved by the City of Virginia Beach Public Utilities Department. 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. William H.Johnson Agenda Item 15 Page 4 Preliminary Subdivision Plat FROM :mrbILL FRX NO. :757 4878170 Dec. 03 2015 04:11PM P2 THIS IS TO CERTIFY THAT WE , ON DECEMBER 1, 2015 SURVEYED THE PROPERTY SHOWN WN OONN THIS PLAT.AND BUILDINGS STAND STRICTLY WITHITHE N THE TITLE OF U BUILDINGS, ANTHERE ARARE AS E NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SIHOWN. THIS SURVEY WAS PREPARED WITHOUT THE OF A LEGAL TITLE REPT, THORE ITSHOW ALL EASEMENTS, RESTRICTIONSENEFIT OR ENCUMBRANCES WHICH MAYOR E)9SST AND AFFECTAY THEOT PROPERTY. COMMON / COMMON ARSUBDIVISION PARCELS 28 2C-2 (26 BST AREAX 0 / LOT 26 "COURTHOUSE ESTATES' •'N SUBDMSION OF PHASE 4A, SECTION M-6A /��y\0•• "i' \ � 'COURTHOUSE ESTATES' (14.8. 273, PG. 88) 1 .0,CJ3 6k�� .i.,AIT PHASE 4A, SECTION M-6 / IS,of E(ptot) PIN(F) \\\\\ N.B. 270, PG. 84) 4. r, m 5 wooded / v/4'e 4 30' MAINTENANCE EASEMENT J c^\�'?f (M.B. 273, PG. 88) \\ PG- $ R o 42. m r; R O W z in 'Wooded go Li N , M ; h R. a; f` 73,543 S.F. 1.688 AC. 3) FLOOD DATA: N( THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE X_AS SHOWN ON F.E.M.A. FLOOD MAP COMMUNITY NUMBER 515531 PANEL NUMBER Q1(K1.DATED 91-16-15 I-Sty Fr, Wooded 2921 -.--1,379:t TO MAN RIVD?ROAD 4 •Wm7.aPIN(fF) 99.85'(FIEL)).PIN(F) • vel r S 1 5 00 24'4500' W RIDDICK LANE 30' R/W EASEMENT (PRIVATE ROAD) (M.B. 42, PG. 55) �pLTH Op PHYSICAL SURVEY `1 LOT'H' > , PROPERTY OF . -i 1 WILLIE RIDDICK V. ' 'ELLE VVIIRRGINIA BEACH, VIRGINIA ,e72-Le.No.002334 John E.Brunelle,' 2`/� � L.S. WILLIAM JOHNSON '�'0 SU LAND SURVEYING 443 SAITIIFE1D SIM)N.-'AA1E E REF PLAT: M.B. 42, PG. 55 GPM: 1493 24 9463 CHESAPEAKE.VA.23320(737)421-7755 (►AX)421-7745 SCALE : 1"..1 DO' I DATE : DECEMBER 1, 2015 , DWG. BY :SMC PROJ. #0140015 William H.Johnson Agenda Item 15 Page 5 Existing Recorded Plat r '"• x•., •ff .,..1a', • ..., -•s,..:•...a m�e e 1`.'gY I f +1! tt, 1 G 1 1;1Id ^a .,.#a w "Ii '. ,d 0."a94A 4 k' - *i[q t I • • 4 .1% • e4 v3 N• - V is OI , 7 . 0` _ j r • 0 ,i � + --144-.4$, J<r a� of j �, M. 9 -4.---.11. `. 1 h ' Y.N. ..1•4.5',4 E .t ., •+: , r. 11 a n ‘./..•..y ,1 %•' } q ., acs•sc 4C 2, .I, t• S . •A- i li l I %N, •\'• I ' "14'! a. N. O• 1 , -. i • ` !Sc. 1Y . , 't j - ' • + j 4 1,.,f- �.?a 4 s did ti• J ....f•a' ' S. ' • 1 IV 1.,, N ,40 0 i4 • 0014' ! i '1a a �,s 1 .sf4. .. r 1 Z y -d.'v / / / f i41 de �: 4� n 8 &$e nI O c1 , , i i ` f ` 1 1 ^C ` /4 ' ` \.1. 4%',1!A V kls 4t 1 K �,t a -...Jt 2 n O , `C a .. Recorded in Map Book 41, Page 57 on July 24, 1956 William H.Johnson Agenda Item 15 Page 6 Site Photos Y » - r r '!1 � s7 fir_ ... ',A. ,,Ati' - 5,'.,-"--•-••'-?'' . ' 74'-'114:0 -'V . 1 r _ ... •I* • i� 'i � 41. , i . Mt3. S 'p i f Y \t I 1, ---- yam. i 11, Disclosure Statement \13 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 . The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 S. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 _Planning Commission and City Council meeting that pertains to the applicationisi. 0 APPLICANT NOTIFIED OF HEARING DATE' p NO CHANGES AS OF DATE: _Pl._ REVISIONS SUBMITTED DATE: ZI Z 11 i6- el";41 l"4`42 4,2_,L1-• t William H.Johnson Agenda Item 15 Page 8 Disclosure Statement 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. 7 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. William H.Johnson Agenda Item 15 Page 9 1 I 1 II Disclosure Statement 11B Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ` P ' 2- Accounting and/or preparer of ( a ,�E, �.�.-<-0! your tax return ,! 1 0 Er Architect/Landscape Architect/ it Land Planner ❑ Er- Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers / Any other pending or proposed fImo' purchaser of the subject property LLL��JJJ (identify purchaser(s)and Purchaser's service providers) Construction Contractors fri W,, 1 ineers/Surveyors J Oh h F r,4helle 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. J William H.Johnson Agenda Item 15 Page 10 I I i Disclosure Statement Virginia Beach Financing(include current ❑ ry mortgage holders and lenders �J selected or being considered to provide financing for acquisition or construction of the property) 1 1 Cl/ Legal Services ❑ Real Estate Brokers /Agents for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El VI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i i r !/i N" PPu d'f IGNATURE PRINT NAME DATE PROP NER'S SIGNATURE PRINT M Ll 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. William H.Johnson Agenda Item 15 Page 11 Item #15 William H.Johnson Subdivision Variance to Sections 4.4(d) Approximately 50-feet northwest of Riddick Lane District 7 Princess Anne January 13, 2016 REGULAR Jeff Hodgson: Jan, would you please call, I think it is the last item on our agenda? Jan Rucinski: Our last item on the agenda today is item 15. An application of William H.Johnson for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations on property located approximately 50-feet northwest of Riddick Lane, District 7, Princess Anne. The first speaker Angie, I'm sorry, I don't know how to pronounce that. Angie Krumreich: Krumreich. Jan Rucinski: Thank you for the help on that name. Angie Krumreich: Hi, I'm Angie Krumreich, and I live behind the proposed restructuring of the property. Ed Weeden: Can you get closer to the mic please? Angie Krumreich: Sorry. I'm Angie Krumreich. I live at 3004 Cadence Way right directly behind the proposed property in question. I had some concerns coming to the meeting today because I was kind of apprehensive after 60 years of a property being spaced. Obviously, it wasn't recorded properly, so after 60-years, why all of a sudden,what's the underlying factor of the property being recorded differently? I was concerned there was some kind of maybe proposed building to go on there, and I wasn't able to get any concrete answers until today. Prior to the meeting, I met with Mr. Binetti,who is the gentleman in question making this request, and I'm not adverse to whatever he is recommending at this point. My concern is I've talked with him,that if they do decide to develop in that area or build homes, the underlying decision will be that I would like to be informed as to what is going on. There are other neighbors that are involved with this change of zoning or whatever the proposal was, and they could not be here so they asked me to come in their behalf. I'm pretty confident that the right thing is going to be done, and Mr. Binetti has assured me that he has no intention to over developing that plot of land. Jeff Hodgson: Thanks for coming down and waiting to able to speak. Does anybody have any questions for Mrs. Krumreich? Bob Thornton:These things appear before us frequently because back in the old days, properties were subdivided and by todays'standards, they weren't accurate. So,this is not unusual for us to see it. It shouldn't raise any red flags. I think that is what you're trying to say but if they decide to consolidate lots, put together and build a subdivision or whatever they may want to do in the future, it has all got to go right back through the proper process.You should be well informed if anything else happens out there. Item#15 William H.Johnson Page 2 Angie Krumreich: That's fine. Thanks so much for your time. Bob Thornton: You're welcome. Jeff Hodgson:Are there any other speakers? Jan Rucinski: There are no other speakers. Jeff Hodgson: Thank you. We'll close the public hearing and open it up for discussion. Donald Horsley: Mr. Chairman, I make a motion that we approve item 15. Jeff Hodgson: A motion made by Commissioner Don Horsley. Do I have a second? Karen Kwasny: I'll second it. Jeff Hodgson: A second made by Commissioner Kwasny. We are ready to vote. Ed Weeden: The vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the commission has approved the application of William H.Johnson. Jeff Hodgson: That was the last item on our agenda. Is there any other further business we need to discuss? Hearing none! On behalf of my fellow Commissioners, I would like to thank everybody for attending today, and thank the Planning Director and his staff for preparing today's agenda. Meeting is adjourned. „ 1 I Z tom ‘4741,” 1 j SI .4 n i 2 01 t'w • `..`" 1 ; I/P� No, 1 \ I ....N k IC fq1 CIsti aii l CO IN ,\ 14) Illr I it 1f r 1 , th,v' N ° ,f .' I I I 44;,/-4, �rJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DISCOUNT TIRE OF VIRGINIA, INC. [Applicant] LOTSALISA, LLC [Owner], Conditional Use Permit for an Automobile Repair Garage. 1600 General Booth Boulevard (GPIN 2415553211). COUNCIL DISTRICT— BEACH. MEETING DATE: February 16, 2016 • Background: A conditional Use Permit was granted on the subject site in 1996 and the site was developed with a gas station and convenience store. The site has since been cleared. In 2014, a Conditional Use Permit was granted for a Wawa gas station and convenience store; however, the site was never developed according to the plan. The applicant now wishes to develop the site with a tire sales and service center, specifically Discount Tire. • Considerations: The proposed 7,373 square foot building is primarily concrete block. The retail portion of the building is accentuated using glass, storefront windows. There are three service bays located along the northern façade, facing Dam Neck Road. Access to the site will be from two existing curb cuts, one from General Booth Boulevard and one from Dam Neck Road. A right-turn lane currently exists to the site from Dam Neck Road. An enhanced landscape buffer will be installed along Dam Neck Road to provide additional screening of the service bays. Crepe Myrtle trees will be installed along General Booth Boulevard that will match the other commercial properties located further south on General Booth Boulevard. The row of mature Crepe Myrtle trees along the southern property line will be preserved to the greatest extent possible. Further details pertaining to the site and building design, as well as Staffs 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 11-0 to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this Conditional Use Permit, the development of the site shall substantially conform with the concept plan entitled, "DISCOUNT TIRE, DTC STORE VAB 10696, 1600 GENERAL BOOTH BLVD. VIRGINIA BEACH, VA 23454," dated Discount Tire of Virginia, Inc. Page 2 of 3 September 22, 2015 and prepared by Kimley Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit, the development of the building shall substantially conform with the elevation drawing entitled, "DISCOUNT TIRES CONCEPT ELEVATIONS, 1600 GENERAL BOOTH BLVD. VIRGINIA BEACH, VIRGINIA 23454," dated October 29, 2015 and prepared by Architectural Resource Team, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All automobile repair must take place inside the building. 4. No outside storage or display of equipment, parts, tires or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 6. Twice the amount of required shrubs shall be planted in the landscape buffer adjacent to Dam Neck Road. Said plantings shall be depicted on a Landscape Plan and submitted during the final site plan review process and is subject to the approval of the Development Services Center Landscape Architect in regard to species and placement of said plantings. 7. The row of Crepe Myrtles along the southern property line shall be preserved to the greatest extent possible. In the event any of the trees are impacted during construction or in the future, it shall be reestablished as per approval by the Planning Director. 8. Other than dead, dying, or diseased plants, the removal of existing vegetation (mix of trees and shrubs) along the eastern property line and within a minimum of 15-foot wide buffer shall be prohibited. Any gaps in the existing vegetation shall be filled in to provide a constant buffer from the residential properties to the east. Any vegetation that will remain and be added shall be noted on a Landscape Plan that will be reviewed by the Development Services Center Landscape Architect during the site plan review process. 9. Any freestanding sign shall be a monument style sign, no more than eight- feet in height, with a base to match that of the building in terms of materials and color scheme. Discount Tire of Virginia, Inc. Page 3 of 3 10. A separate permit shall be obtained from the Planning Department, Zoning Office, for all signage, including any freestanding sign and building mounted sign. 11. Mechanical or HVAC equipment shall not be installed at ground level along any portion of the façade facing a public street. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep- •e- , -ncy: Planning Depa = -,!IP City Manager: `�l Applicant Discount Tires of Virginia, Inc. Property Owner Lotsalisa, LLC Public Hearing January 13, 2016 city(4 Agenda Item 1 Virginia Beach Request "" ,.. B-2 Conditional Use Permit (Automobile Repair i B-2 "� 8-2 >75 dB DNL Garage) ___ -- / Dam Neck Road Staff Planner Kevin Kemp / -- __ 8-2 Location z, 1600 General Booth Boulevard A0-2 GPIN 24155321100000 ,, ok,o_ Election District Princess Anne ,.0 A0-2 .., Site Size L5 acres AICUZ Greater than 75 dB DNL Existing Land Use Undeveloped parcel Surrounding Land Uses and Zoning Districts North ` .� ,,, Dam Neck Road °` ' Gas Station / B-2 Community Business it ti, South A.. JP. OArd NECK R0 4 0 Old Dam Neck Road Single-family homes/AG-2 Agricultural - '`p; ° ' Q• . .2. '.7 East apAs o / Single-family homes/AG-2 Agricultural /' West cue �,7,,ti, r IV k General Booth Boulevard oc �Ogo :, or Gas Station / B-2 Community Business "AO I.1 Discount Tires of Virginia, Inc. Agenda Item 1 Page 1 Background and Summary of Proposal A Conditional Use Permit was granted on the subject site in 1996 and the site was developed with a gas station and convenience store.All the structures on property have since been demolished. In 2014, a modification to the previously approved Use Permit was granted to develop the site with a Wawa gas station and convenience store.The site was never developed according to that plan. The applicant now proposes to develop the site with a tire sales and installation facility, specifically Discount Tires, and thus a new Conditional Use Permit is required. The submitted building elevations depict a one-story, 7,373 square foot building. The primary building material is concrete block.The retail portion of the building is accentuated using a lighter color beige block. The rest of the building is predominately a darker, brown block. A red band of Exterior Insulation Finishing System (EIFS) runs along the top of each facade.Additionally, beige colored EIFS decorative columns are evenly spaced along the side façades.The façade facing General Booth Boulevard is predominately glass storefront windows.The side facade facing Dam Neck Road contains three service bay garage doors. Access to the site will be from two existing curb cuts, one from General Booth Boulevard and one from Dam Neck Road. The submitted site layout depicts 31 parking spaces located in front of and to the east side of the proposed building.The required landscaped buffer will be installed between the parking area and the rights-of-way. An enhanced landscape buffer will be provided along Dam Neck Road to provide additional screening for the façade containing the service bay doors. Foundation landscaping will be installed along the retail portion of the building.The dumpster will be screened using a six-foot block wall and Category I landscape material, with enhanced landscaping facing Dam Neck Road. Landscape screening and buffering was important with the City Council approval in 1996, particularly the row of mature crepe myrtles along the southern property line and the mature vegetation along the eastern property line. Staff recommends a condition with this Use Permit that would preserve this vegetation to the greatest extent possible. Additionally,there is scenic easement located along General Booth Boulevard that requires that the landscape buffer must be planted with Crepe Myrtle trees and the appropriate underbrush. „„ az Zoning History �as >7S d8 DNI # Request _ 1 MOD (to the CUP approved on 01/09/1996) .._.�...e., Approved 02/11/2014 CUP(Automobile Service Station) Approved 01/09/1996 2 CUP(Automobile Service Station)Approved µ AG-206/06/2001 -/ CUP(Automobile Service Station) Approved 06/17/1985 3 CUP(Automobile Service Station) Approved 03/09/1987 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 Discount Tires of Virginia, Inc. Agenda Item 1 Page 2 I I Comprehensive Plan Recommendations 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 that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility,environmental responsibility, livability,and effective buffering with respect to type, size, intensity,and relationship to the surrounding uses. Natural and Cultural Resources Impacts As the site was previously developed as a gas station,car wash,convenience store, no significant natural or cultural resources exist on the property other than mature trees along the southern and eastern property lines.The site is located within the Southern Rivers Watershed. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 49,300 ADT 1(LOS 4"C") Dam Neck Road 32,244 ADT1 52,600 ADT 1(LOS 4"D") 37,100 ADT 1(LOS 4"E") Existing Land Use 2—6,511 ADT 32,500 ADT 1(LOS 4"C") Proposed Land Use 3-183 ADT General Booth Boulevard 31,922 ADT 1 34,900 ADT 1(LOS 4"D") 37,100 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by convenience 3as defined by tire store-7,373 square 4 LOS=Level of Service market with 12 fuel pump feet stations Master Transportation Plan and Capital Improvement Program Dam Neck road in the vicinity of this application is considered a six-lane divided major suburban arterial.The existing infrastructure currently resides in a 100-foot variable width right-of-way.The MTP proposes a four-lane minor arterial within a 110-foot right-of-way. General Booth Boulevard in the vicinity of this application is considered an access controlled,four-lane divided major suburban arterial.The existing infrastructure currently resides in a 140-foot variable width right-of-way.The MTP proposes six-lanes within a 150-foot right-of-way. There is a roadway CIP project slated for this area. Upton Drive Extended and Dam Neck Station Improvements(CIP 2- 047) is for the construction of a second left-turn lane on southbound General Booth Boulevard at the intersection of Dam Neck Station Road, construction of a left turn lane on Dam Neck Station Road, and a new traffic signal at the intersection of General Booth Boulevard and Dam Neck Station Road.The project will also include an upgrade to the existing Upton Drive and Dam Neck road traffic signal.Construction is estimated to start in February 2016. Discount Tires of Virginia, Inc. Agenda Item 1 Page 3 Public Utility Impacts Water The site must connect to City water.There is a 20-inch City water main along General Booth Boulevard,a 12-inch City water line along Dam Neck Road, and a 12-inch City water line along Old Dam Neck Road. Sewer The site must connect to City sewer. There is a 42-inch HRSD force main along General Booth and a 54-inch HRSD force main along Old Dam Neck Road.There is an eight-inch City gravity sanitary sewer main along Dam Neck Road and an eight-inch City gravity sanitary sewer main along Old Dam Neck Road.Analysis of Pump Station#603 and the sewer collection system is required to ensure future flows can be accommodated. Evaluation and Recommendation This proposal to develop a vacant parcel with a tire sales and installation facility is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area.The submitted site layout and building elevations are consistent with the Zoning Ordinance with regard to site and building design guidelines in Sections 245 and 246, and is compatible with the commercial nature of the surrounding area. Provided below is a brief summary of the proposal's consistency with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas: • Access and Circulation-Access will be from two existing curb cuts,one from General Booth Boulevard and one from Dam Neck Road.There is an existing right-turn lane from Dam Neck Road.The site is situated such that internal circulation seems safe and convenient. • Pedestrian Movement-Pedestrian connectivity is provided from the existing sidewalk along General Booth Boulevard. • Parking Areas-The parking area in front of the building provides easy access for customers to the retail portion of the building.The required handicap parking and access are provided in this area.Additional parking for employees and vehicles waiting to be picked up is provided on the east side of the building. • Landscape Design Techniques-The submitted site layout depicts the required landscape buffer along General Booth Boulevard and Dam Neck Road. Due to a scenic easement,the applicant will be required to install Crepe Myrtle trees and required underbrush along General Booth Boulevard.The applicant will provide twice the amount of required shrubs along Dam Neck Road.The existing Crepe Myrtle trees along the southern property line and the existing vegetation along the eastern property line will remain to the greatest extent possible. • Signage- No monument sign is depicted on the submitted site plan. Should a monument sign be installed, it will need to meet all the required setback and dimensional requirements of the Zoning Ordinance and will be constructed with a brick base and materials to match the building.The submitted building elevations depict building mounted signs displaying the company name on the front and both side facades.These signs will meet the requirements of the Zoning Ordinance. It should be noted that this site is allowed a total of three signs, one of which may be freestanding.Should the applicant desire a freestanding sign, one of the building signs will need to be removed. • Building Design-The building design uses quality building materials and is generally consistent with the Retail Design Guidelines. Based on the findings above, Staff recommends approval of this request with the conditions below. Discount Tires of Virginia, Inc. Agenda Item 1 Page 4 Recommended Conditions 1. Except as modified by any other condition of this Conditional Use Permit,the development of the site shall substantially conform with the concept plan entitled, "DISCOUNT TIRE, DTC STORE VAB 10696, 1600 GENERAL BOOTH BLVD.VIRGINIA BEACH,VA 23454," dated September 22, 2015 and prepared by Kimley Horn and Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the elevation drawing entitled, "DISCOUNT TIRES CONCEPT ELEVATIONS, 1600 GENERAL BOOTH BLVD.VIRGINIA BEACH,VIRGINIA 23454," dated January 20, 2016 and prepared by Architectural Resource Team,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All automobile repair must take place inside the building. 4. No outside storage or display of equipment, parts,tires or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 6. Twice the amount of required shrubs shall be planted in the landscape buffer adjacent to Dam Neck Road. Said plantings shall be depicted on a Landscape Plan and submitted during the final site plan review process and is subject to the approval of the Development Services Center Landscape Architect in regard to species and placement of said plantings. 7. The row of Crepe Myrtles along the southern property line shall be preserved to the greatest extent possible. In the event any of the trees are impacted during construction or in the future, it shall be reestablished as per approval by the Planning Director. 8. Other than dead, dying,or diseased plants,the removal of existing vegetation (mix of trees and shrubs)along the eastern property line and within a minimum of 15-foot wide buffer shall be prohibited.Any gaps in the existing vegetation shall be filled in to provide a constant buffer from the residential properties to the east.Any vegetation that will remain and be added shall be noted on a Landscape Plan that will be reviewed by the Development Services Center Landscape Architect during the site plan review process. 9. Any freestanding sign shall be a monument style sign, no more than eight-feet in height,with a base to match that of the building in terms of materials and color scheme. 10. A separate permit shall be obtained from the Planning Department, Zoning Office,for all signage, including any freestanding sign and building mounted sign. 11. Mechanical or HVAC equipment shall not be installed at ground level along any portion of the facade facing a public street. 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. Discount Tires of Virginia, Inc. Agenda Item 1 Page 5 Proposed Site Layout W - W lii q': i V ♦� • CC G• m m U �' ui W J m Zfoa`,, FO W 2 l ..,fir. "..'3' ,.�-r-.-Jr -i, v�s. al =\ , • „.111.- - 0 c _ \ W ED— o nnF •4`. c \ cr ? o \ 0u C Z t t�'. \1 al . o Q = 11 \ , ' e II I A--, 510,4 L , \,.\___%0_.\\I' .. a t - , ;Ardiap . . ti„,.. _ g, fJ ; r . , i t . ..., . ., .,.., , _ ...... V 1 f_ _ t_ _______ ...... ,......_____. _______ .._ • , ,...______. ,, , .. ... . _\ ..„...„,. _. . .., . , 1 .. ___...... _ fhb 6 EE \ ___ $� ¢itFf�F a 6 �� u ��, �i°., fxExxi. Discount Tires of Virginia, Inc. Agenda Item 1 Page 6 Proposed Elevations I 9.5i 3. j !; Jii co a:i Cr , 1: t' s , tUt110 a: : iltI� so eta 44 (44 .�. e 6 a to p' IP .,,,5.1 . q 11 04 ® 44 4 I " ;i :a,.:i.;ti1i sig F c J :rr:1__ _ IL ipi r11'ilp II 1 1IW' ZI r .. iiiHuh i i i i . N 1-' H I V NER l 2 upEz g C Js G I+ w o €11 'lig I If iQm� [6 6 I l4 p` W =, LI : Mp mm t ® it 111,1 5i VAL V: i i I dap z s' i 0. G� ® ® ✓/ q a ..�% bias • V 0, 4 Isl w Ig w i _ 14 ill �e `b� K 9 i,� j ° z ) ®p vel . 9'. – —iI gyFI II iF tetfg I : °el aby p g '' (( 1 . iii 1 i I lilt 111111111 ill RilIW 1 t $ / — 1 i - t pii. t ir O 1 .l I EU! it .r j ?F;:' r 4 b 44tt4 i :• i i'a i ii P. I ` i 1vii° % * I ;-e 4 4 44 4 4 ..1 II Ii II 4 Discount Tires of Virginia, Inc. Agenda Item 1 Page 7 Site Photos - c e� t ,.to '.° ',..4',.`; AN.:,.., '- *, ^i.Y ,, ;,1 7,fir., w.... '� , M " t o a 2w.„" " �1` -moi -.1":„- a <ti r.y w'.,3 � * °4u,-4-'...'.i,+ -.e x r a"....+lt Y 7.-`•'-':',. ,, y;."447.4&4"•-moi.. -. ,,•c Vis:" ,tt ,*,- 7 `‘,„,'4, - ..+:� .i•.r f Mho a.„. •. A✓ ..v z rt,a �}t ^ , ^'a TrM,i ,T k' + P Y.y. :-, .`�'kr 2 fie t " ;`ra , • `� �^`s , . ae '�d^�>.•=a u. `� � - ,.. �;� �.... § ..> '� '�"'- _. ...� x .�+l� s.y) ,....k.--�..;:v.�. _ v e Yt...��w�.a..w� .�. . Discount Tires of Virginia, Inc. Agenda Item 1 Page 8 Disclosure Statement Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or �^4 I,hPage 1 of 4 r. 1) Discount Tires of Virginia, Inc. Agenda Item 1 Page 9 Disclosure Statement • Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name f Ilowed by the r niej of all officers, directors,] members, trustees, partners, etc. below: (Attach list if necessary) Halle Properties, L.L.C., an Arizona limited liability company Wilanna, Inc., Managing Member Teton-Pitkin, LLC, Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Discount Tire of Virginia, Inc., a Virginia corporation 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. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑X 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) —Sec a.'/"jzrcr,ed., LOTSALISA, LLC, a Virginia limited liability company (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Discount Tires of Virginia, Inc. Agenda Item 1 Page 10 Disclosure Statement 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: YES NO SERVICE PROVIDER(use additional sheets if needed) ri n Accounting and/or preparer of your tax return I I Architect/Landscape Architect/ Architectural Resource Team f Land Planner Contract Purchaser(if other than nn the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Cpurchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) Construction Contractors Inl I 1 Engineers/Surveyors Kimley-Horn 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. Discount Tires of Virginia, Inc. Agenda Item 1 Page 11 Disclosure Statement VB Virginia Beach Financing(include current (n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Troutman Sanders LLP Real Estate Brokers/Agents for CBRE Group,Inc.(Chris Read) current and anticipated future Thaihimer,Inc.(David Machupa) sales of the subject property 4 _ V SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ,;, an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin of any public bod or committee in connection with this Application. ,.,..f. Lt I' Michael S. Zuieback 2/3/16 A UCA URE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Discount Tires of Virginia, Inc. Agenda Item 1 Page 12 Disclosure Statement Virginia Beach Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/Agents for r I current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I I 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public bo or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNE SIGNA 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. Discount Tires of Virginia, Inc. Agenda Item 1 Page 13 Disclosure Statement Virginia Beach Disclosure Statement Form Section 2/Property Owner Disclosure (A)Property owner: LOTSALISA LLC Chief Executive Officer Cheryl P.McLeskey,Manager. Member(sole) F.Wayne McLeskey,Jr.QTIP Marital Trust fbo Cheryl McLeskey UAD June 20,1997,as admended and restated Trustee: Cheryl P.McLeskey (B)Affiliate business entities: Single member LLC's owned by F.Wayene McLeskey,Jr.()TIP Marital Trust: WASHINGTON SQUARE TOWNHOUSES,LLC BEL-AIRE LLC VIRGINIA BEACH FISHING CENTER LLC FWM RESIDENTIAL RENTAL PROPERTIES,LLC 2859 VBB,LLC ELIZABETH CITY DEVELOPMENT COMPANY LLC LDSM PROPERTIES LLC MORTONS BAYE LLC J&W INVESTORS LLC RADCLIFFE TOWNHOUSES.LLC CEPCO LLC COLONY PINES APARTMENTS,LLC COASTAL INVESTORS LLC NORFOLK-VIRGINIA BEACH AIRPORT LLC 2648 VBB,LLC LYNNHAVEN SHOPPING CENTER,LLC RIVERWALK LLC NEWTOWN CONVENIENCE CENTER,LLC Front Street Investors L.L.C. FURBERFAX LLC LOTSALISA LLC AIR TACO,LLC 103,LLC CROUPIER LLC BAYLINER BUILDING,LLC LITTLE NECK COMMERCIAL PROPERTY,LLC FWM-RH,LLC McLeskey&Associates,L.L.C. SHORE DRIVE AREA PROPERTIES LLC LYNNHAVEN AREA PROPERTIES,LLC Page 1 of 2 Discount Tires of Virginia, Inc. Agenda Item 1 Page 14 Disclosure Statement Single member LLC's owned by F.Wayene McLeskey,Jr.QTIP Marital Trust: WASHINGTON SQUARE TOWNHOUSES,LLC BEL-AIRE LLC VIRGINIA BEACH FISHING CENTER LLC LITTLE CREEK ROAD PROPERTIES,LLC RUDEE HEIGHTS PROPERTIES,LLC Single member LLC's owned by Cheryl P.McLeskey: CPM Properties LLC VBFC PROPERTIES,LLC Corporation owned 100%by F.Wayene McLeskey,Jr.QTIP Marital Trust: Elizabeth City Airport Industrial Park,Inc. Partnership owned 99%by F.Wayene McLeskey,Jr.QTIP Marital Trust: MGM Associates Partnership owned 50%by FWM-RH,LLC Regency Hilltop Associates,LLP Page 2 of 2 Discount Tires of Virginia, Inc. Agenda Item 1 Page 15 Disclosure Statement Conditional Use Permit Application of Discount Tire of Virginia,Inc. Applicant Disclosures (At I.ist the Applicant's name I llo sed hs the names of all officers,directors.members_trustees. partners.etc..below: I. Applicant's Name: Discount Tire of Virginia.Inc. 2. Offi rs/Directors: 'Michael S.Zuiback - CEO/President b. Dean Muglia- Assistant Secretary/Treasurer c. Andrew Haus- Treasurer d. Douglas S.Wilson -Secretary e. Bruce T.Halle Director (B)List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: I. Halle Properties,LLC,an Arizona limited liability company 2. Wilanna,Inc..an Arizona corporation 3. Teton-Pitkin,LLC,an Arizona limited liability company 27710663x-1 Discount Tires of Virginia, Inc. Agenda Item 1 Page 16 LOTSALISA LLC APPOINTMENT OF MANAGER The undersigned, Cheryl P. Mcleskey,Trustee of the F. Wayne McLeskey,Jr. QTIP Marital Trust, appoint William A. Wilcox II as an additional Manager of LOTSALISA LLC, with all rights and powers of a manager of the limited liability company in accordance with Paragraph 6 of the Operating Agreement. Date: June 15, 2015 MEMBER: F. Wayne McLeskey,Jr. QTIP Marital Trust By:dc�� (� V z1Z2y Cheryl P. McLeskey,Trustee COMPANY: LOTSALISA LLC /° ' f By. 0.._ 0 6)- oak Cheryl P. McLeskey, Manager By the signature below, the undersigned accepts the appointment of Manager of LOTSALISA LLC pursuant to the Opera ...g Agreement. William A. Wilcox I OPERATING AGREEMENT OF LOTSALISA LLC OPERATING AGREEMENT OF LOTSALISA LLC THIS OPERATING AGREEMENT is entered into as of December 31. 2012 (the "Effective Date"), by and between LOTSALISA LLC, a Virginia limited liability company (the "Company"), and F. Wayne McLeskey, Jr. QTIP Marital Trust, as the sole member of the Company(the "Member"),on the following terms and conditions. RECITALS A. Effective December 31, 2012, the Company was formed as a limited liability company under the laws of the Commonwealth of Virginia by filing Articles of Organization for the Company with the State Corporation Commission(the "Articles"), B. The Member and the Company desire to adopt, approve, and enter into this Agreement to govern the operation of the Company. NOW, THEREFORE. in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged,the parties agree as follows: ARTICLE I DEFINITIONS As used herein,the following terms have the indicated definitions. "Act" means the Virginia Limited Liability Company Act, § 13.1-1000, et seq.,Code of Virginia, as amended from time to time. "Affiliate" of a Person means:(a)any entity or individual that directly or indirectly controls or holds the power to vote 10% or more of the outstanding voting securities of the Person in question; (h) any Person 10% or more whose voting securities are directly or indirectly owned, controlled or held with power to vote, by the Person in question; (c) any Person directly or indirectly controlling, controlled by,or under common control with the Person; or(d)any officer, director or partner of the Person in question. "Agreement" means this Operating Agreement,as may be amended from time to time. "Authorized Person" means John T. Midgett,the authorized person who filed the Articles with the State Corporation Commission on behalf of the Company. "Capital Contribution" means the contribution by the Member to the capital of the Company. "Code" means the Internal Revenue Code of 1986, as amended, and any successor provision. "Company"has the meaning set forth in the preamble to this Agreement. "Indemnitee" has the meaning set forth in Section 8.2. "Member" has the meaning set forth in the preamble to this Agreement, or any successor in interest or assign. "Membership Interest" means the ownership interest of the Member in the Company, including any and all rights, powers, benefits, duties or obligations confelTed or imposed on the Member under the Act or this Agreement. "Net Profits" and "Net Losses" of the Company mean the taxable income and net losses, respectively, of the Company, determined in accordance with the Code and applicable Regulations; provided, however, the Member acknowledges that as a single member limited liability company, the Company's existence, for tax purposes, shall be ignored, In the event that the determination of Net Profits and Net Losses must be determined in some manner other than as set forth in this definition by virtue of the method of accounting employed by the Member, then Net Profits and Net Losses shall be determined accordingly. "Person" means any individual, general partnership, limited partnership, corporation, trust, limited liability company or other association or entity. "Regulations" means the regulations (including temporary regulations) of the United States Treasury Department pertaining to the income tax, as amended, and any successor provision. ARTICLE II NAME AND PLACE OF BUSINESS The name of'the Company is LOTSALISA LLC. The registered agent of the Company and the registered office of the Company shall be as set forth in the Articles, or such other agent or place as may hereafter be designated by the Member from time to time as provided by law. The Company's principal office shall be at such place as the Member may designate from time to time, and the Company shall maintain records there as required by the Act (and shall keep the street address of such principal office at the Company's registered office). ARTICLE III BUSINESS, PURPOSES,AND TERM OF COMPANY Section 3.1 Purposes. The purpose of the Company is to engage in any lawful act or activity for which limited liability companies may be organized under the Act. Section 3.2 Term of Company. The term of the Company commenced on the effective date of the Articles in accordance with the provisions of the Act and shall continue on a perpetual basis unless dissolved pursuant to Article VII of this Agreement, Section 3.3 Authorized Person Indemnification. The Authorized Person's acts and conduct in connection with the organization of the Company are hereby ratified and adopted by the Company as acts and conduct by and on behalf of the Company and are deemed to be in its best interests. The organizational and other activities for which the Authorized Person was responsible have been completed,the Authorized Person is hereby relieved of any further duties and responsibilities in that regard, and the Company and the Member hereby jointly and severally agree to indemnify and hold harmless the Authorized Person for any loss, liability or expense arising from his actions or conduct in his capacity as organizer of the Company. Section 3.4 Status of the Company. The Member acknowledges that, although the Company will be a "limited liability company" under Virginia law, for federal and state income tax purposes (under applicable provisions of the Code and the Regulations), as long as the Member is the sole Member of the Company, its existence will be ignored and it will not be treated as a separate tax entity. Such treatment refers solely to the federal and state income tax treatment of the Company, and not to the state law status of the Company as a limited liability company. The Member shall not be personally obligated to any third party for any debt, obligation or liability of the Company solely by reason of being a member of the Company. ARTICLE IV CAPITAL CONTRIBUTIONS In exchange for 100%of the Membership Interests in the Company,the Member shall contribute to the capital of the Company such amounts as the Member deems appropriate. The Member shall have no duty to make additional contributions to the Company but additional contributions may be made from time to time as the Member shall determine. The Member shall cause all Capital Contributions to be recorded on the books and records of the Company. Membership Interests shall not be evidenced by certificates. ARTICLE V ALLOCATION OF NET PROFITS AND NET LOSSES; DISTRIBUTIONS Section 5.1 Allocation of Net Profits and Net Losses. The Member shall allocate the Net Profits and Net Losses of the Company. Section 5.2 Distributions. The Member shall distribute the profits and other assets of the Company when and as determined by the Member; provided,however, no distributions shall he made if, immediately after the distribution, the Company's liabilities would exceed the fair market value of its assets. ARTICLE VI MANAGEMENT OF THE COMPANY Section 6.1 Management of Company. Except in situations in which the approval of the Member is required by applicable law or this Agreement, the management and control of the Company and its business and affairs shall be vested in the Manager. The number of Managers of the Company is one, but the number of Managers may be changed by the Member in the Member's sole discretion. Each Manager will hold office until his,her or its death, dissolution, resignation or removal. The initial Manager is Cheryl P. McLeskey. Section 6.2 Authority of Managers. Each Manager has all the rights and powers that may be possessed by a manager in a limited liability company with managers pursuant to the Act. Each Manager may execute his or her rights and duties hereunder through duly authorized officers, employees and agents. Without limiting the generality of the forgoing, each Manager has the following rights and powers (which the Managers may exercise at the cost, expense, and risk of the Company): (a) To expend the funds of the Company in furtherance of the Company's business; (b) To perform all acts necessary to manage and operate the Company's business, including engaging such persons as the Managers deem advisable to manage the Company's business; (c) To execute, deliver, and perform on behalf of and in the name of the Company any and all agreements and documents deemed necessary or desirable by the Managers to carry out the business of the Company, including any lease, deed, easement,bill of sale, mortgage, trust deed, security agreement, contract of sale, or other document conveying. leasing, or granting a security interest in the interest of the Company in any of its assets, or any part thereof, whether held in the Company's name, the name of a Manager, or otherwise, with no other signature or signatures requires: and (d) To borrow or raise moneys on behalf of the Company in the Company's name or in the name of a Manager for the benefit of the Company, and from time to time, to draw, make, accept, endorse, execute, and issue promissory notes, drafts, cheeks, and other negotiable or nonnegotiable instruments and evidences of indebtedness, and to secure the payment thereof by mortgage, security agreement, pledge, or conveyance or assignment in trust of the whole or any part of the assets of the Company.including contract rights. Section 6.3 Duties of Managers. Each Manager shall devote such time to the business and affairs of the Company as is reasonable, necessary, or appropriate. Whenever reasonably requested by the Member, any Manager shall render a full and complete accounting of all dealings and transactions relating to the business of the Company. Section 6.4 Action Without Meeting. Any action that may be taken at a meeting may be taken without a meeting if a consent in writing setting forth the action shall be signed by all of -4 e!` the Managers entitled to vote on the action and shall he filed with the books and records of the Company. Such consent shall have the effect of a meeting vote and may be described as such in any document. Section 6.5 Limitation on Liability of a Manager. No Manager will have any liability to the Company or to the Member for any loss suffered by the Company or the Member that arises out of any action or inaction of any Managers if such Manager, in good faith, determined that such course of conduct was in the best interests of the Company and such course of conduct did not constitute gross negligence or misconduct of such Manager. Section 6.6 Indemnification of the Managers. The Company shall indemnify each Manager against any losses,judgments, liabilities, expenses, and amounts paid in settlement of any claims sustained against the Company or against such Manager in connection with the Company, provided that the same were not the result of gross negligence or misconduct on the part of such Manager. The satisfaction of any indemnification and any saving harmless shall be from. and limited to, Company assets, and the Member shall not have any personal Iiability on account thereof Section 6.7 Other Business. Nothing in this Agreement shall be deemed to restrict in any way the freedom of any Manager or the Member to conduct any other business or activity whatsoever without any accountability to the Company or the Member, even if such business or activity competes with the business of the Company. Section 6.8 Removal of Manager. The Member may remove any Manager or all of the Managers at any time at the Member's sole discretion. Removal of a Manager shall not affect an interest held by a Manager as a member of the Company, if such Manager is also a member. Upon removal of all of the Managers, the Member shall elect a replacement Manager or elect to be managed by the Member Section 6.9 Officers. Each Manager may appoint one or more officers to take part in the management of the Company, including but not limited to President, Vice President, Secretary and Treasurer (each an "Officer"), with duties and responsibilities as the Manager may designate. ARTICLE VII DISSOLUTION Section 7.1 Dissolution of the Company. The Company shall be dissolved, and shall terminate and wind up its affairs, upon the first to occur of the following: (a) the determination by the Member to dissolve the Company;or (b) the entry of a decree of judicial dissolution,as provided in Section 13.1- (0478 of the Act. -5 Section 7.2 Winding Up and Distribution of Assets. (a) If the Company is dissolved, the Member shall wind up the affairs of the Company. Upon the winding up of the Company, subject to the provisions of the Act,the Member shall pay or make reasonable provision to pay all claims and obligations of the Company, including all costs and expenses of the liquidation and all contingent, conditional or unmatured claims and obligations that are known to the Member but for which the identity of the claimant is unknown. If there are sufficient assets, such claims and obligations shall be paid in full and any such provision shall be made in full. (b) Upon any such dissolution of the Company, the net assets, if any, of the Company available for distribution, and any cash proceeds from the liquidation of any such assets, shall be applied and distributed in the following order, to the extent available: (i) First, to the Company's creditors,including the Member as creditor (to the extent permitted by law), in satisfaction of liabilities of the Company; and (ii) Thereafter, to the Member. ARTICLE VIII LIMITATION OF LIABILITY;INDEMNIFICATION Section 8.1 Limitation on Liability of Member and Officers. (a) To the fullest extent permitted under the Act or any other applicable law as currently or hereafter in effect, (i) the Member, or any Affiliate of the Member, shall not be liable, responsible or accountable in damages or otherwise to the Company for or with respect to any action taken or failure to act on behalf of the Company and (ii) no Officer, or any Affiliate of an officer, shall be personally liable, responsible or accountable in damages or otherwise to the Company or the Member for or with respect to any action taken or failure to act on behalf of the Company within the scope of the authority duly delegated to such Officer by the Member. In addition to, and not by way of limitation of the preceding sentence, neither the Member nor any officer shall be liable to the Company for monetary damages for breach of fiduciary duty as a Member or officer. as applicable, except for liability for acts or omissions not in good faith or which involve fraud, gross negligence, willful misconduct or a knowing violation of law. Any repeal or modification of this Section 8.1 shall not adversely affect any existing right or protection of the Member or any officer,or any right or protection based on a state of facts existing prior to such repeal or modification. (b) The Member and each Officer shall be fully protected in relying in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by any Person as to the matters the Member or officer reasonably believes are within such other Person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits, losses or net cash flow or any other facts pertinent to the existence and amount of assets from which distributions to the Member might properly be paid. Section 8.2 Indemnification and Liability. (a) The Company shall indemnify and hold harmless the Member, each Officer and their respective Affiliates, agents, officers, employees, representatives. directors or members of the Member (individually, an "indemnitee") to the full extent permitted by law from and against any and all losses, claims, demands, costs, damages, liabilities Joint and several), expenses of any nature (including attorneys' fees and disbursements),judgments, fines, settlements, and other amounts arising from any and all claims, demands, actions, suits, or proceedings, civil, criminal, administrative, or investigative, in which the Indemnitee may be involved, or threatened to be involved as a party or otherwise, relating to the performance or nonperformance of any act in serving the Company or otherwise concerning the activities of the Company, if the Indemnitee's conduct (i) was in good faith, within the scope of such Indemnitee's authority and in a manner it reasonably believed to be in, or not contrary to, the best interests of the Company; and (ii) did not constitute fraud, gross negligence, willful misconduct, or a knowing violation of law. The termination of an action, suit, or proceeding by judgment, order, settlement, or upon a plea of nolo contendere or its equivalent, shall not, in and of itself, create a presumption or otherwise constitute evidence that the Indemnitee's conduct constitutes fraud, gross negligence, willful misconduct,or a knowing violation of law. (b) In the sole discretion of the Member, expenses incurred by an Indemnitee in defending any claim, demand, action, suit, or proceeding subject to this Section 8.2 may he advanced by the Company prior to the final disposition of such claim, demand. action, suit, or proceeding upon receipt by the Company of a written commitment by or on behalf of the Indemnitee to repay such amount if it shall be determined that such Indemnitee is not entitled to be indemnified as authorized in this Section 8.2. (c) Any indemnification provided hereunder shall be satisfied solely out ofthe Company's assets, as an expense of the Company. The Member shall not be liable by reason of these indemnification provisions. (d) The provisions of this Section 8.2 are for the benefit of the Indemnitees and shall not be deemed to create any rights for the benefit of any other Person. (e) No Indemnitee shall be liable to the Company or to the Member for any losses sustained or liabilities incurred as a result of any act or omission of such Indemnitee if the Indemnitee's conduct (i) was in good faith, within the scope of such Indemnitee's authority, and in a manner it reasonably believed to be in, or not contrary to. the best interests of the Company, and (ii) did not constitute fraud, gross negligence, willful misconduct, or a knowing violation of law. Section 8.3 Conflicts of Interest, The Member may employ, on behalf of the Company, such Persons as the Member, in its sole judgment, shall deem advisable for the conduct of the business of the Company on such reasonable terms and for such reasonable compensation as the Member. in its sole judgment. shall determine. Any such Person also may be employed or retained by the Member in connection with other of its business ventures. The fact that the Member or a Person related to the Member or an Affiliate of the Member is directly or indirectly interested in or connected with a Person employed by the Company or from whom the Company may buy services, merchandise, supplies or other property shall not prohibit the Member from employing such Person or from dealing with him or it on behalf of the Company, provided that such arrangements must be as favorable as those otherwise available to the Company. Section 8.4 No Fiduciary Duties. The Member shall have no fiduciary duties to the Company. In particular (but without limitation), the Member shall have no duty: (a) not to compete with the Company; (b) to disclose business opportunities to the Company; (c) to avoid self-interested transactions with the Company; or (d) to avoid improper personal benefit in respect of the Company. ARTICLE IX MISCELLANEOUS Section 9.1 Governing Law And Jurisdiction. This Agreement, including its existence, validity, construction and operating effect, and the rights of the Member under the Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to principles of conflicts of laws). Section 9.2 Amendments. This Agreement may only be amended, modified or supplemented in a writing executed by the Member and the Company. No other written or oral agreement, understanding, instrument or writing (other than this agreement or any amendment hereto)shall constitute part of this Agreement. Section 9.3 Binding Effect. The terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, distributees, legal representatives and permitted assigns. Provided, however, nothing in this Agreement, expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of the Member or any other Person whatsoever, other than the Member and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Member and the Company. Section 9.4 Severability, The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. [signature page follows] -8 \/" • IN WITNESS WHEREOF,this Agreement has been executed as the day and year first written above. MEMBER: F. WAYNE MCLESKEY,JR. QTIP MARITAL TRUST I B} p , 9 Name: Che I P. McLeske'� Title: Trustee COMPANY: LOTSALISA LLC By. Name: Cheryl . McLeskey Title: Manager By her signature below, the undersigned hereby accepts the appointment of Manager pursuant to this Agreement. ` . 6) V ,t-r_ ' Cheryl P. McLeskey 4 (SIGNATURE PAGE TO OPERATING AGREEMENT) i I Item#1 Discount Tires of Virginia, Inc. Conditional Use Permit 1600 General Booth Boulevard District 7 Princess Anne January 13, 2016 CONSENT An application of Discount Tires of Virginia, Inc.for a Conditional Use Permit(automobile repair garage) on property located at 1600 General Booth Boulevard, District 7, Princess Anne. GPIN: 2415-55-3211- 0000. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit,the development of the site shall substantially conform with the concept plan entitled, "DISCOUNT TIRE, DTC STORE VAB 10696, 1600 GENERAL BOOTH BLVD.VIRGINIA BEACH,VA 23454," dated September 22,2015 and prepared by Kimley Horn and Associates, Inc.,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the elevation drawing entitled, "DISCOUNT TIRES CONCEPT ELEVATIONS, 1600 GENERAL BOOTH BLVD.VIRGINIA BEACH,VIRGINIA 23454," dated October 29, 2015 and prepared by Architectural Resource Team,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All automobile repair must take place inside the building. 4. No outside storage or display of equipment, parts,tires or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 6. Twice the amount of required shrubs shall be planted in the landscape buffer adjacent to Dam Neck Road.Said plantings shall be depicted on a Landscape Plan and submitted during the final site plan review process and is subject to the approval of the Development Services Center Landscape Architect in regard to species and placement of said plantings. 7. The row of Crepe Myrtles along the southern property line shall be preserved to the greatest extent possible. In the event any of the trees are impacted during construction or in the future, it shall be reestablished as per approval by the Planning Director. 8. Other than dead, dying,or diseased plants,the removal of existing vegetation (mix of trees and shrubs)along the eastern property line and within a minimum of 15-foot wide buffer shall be prohibited.Any gaps in the existing vegetation shall be filled in to provide a constant buffer from the residential properties to the east. Any vegetation that will remain and be added shall be noted on a Item#1 Discount Tires of Virginia, Inc. Page 2 Landscape Plan that will be reviewed by the Development Services Center Landscape Architect during the site plan review process. 9. Any freestanding sign shall be a monument style sign, no more than eight-feet in height,with a base to match that of the building in terms of materials and color scheme. 10. A separate permit shall be obtained from the Planning Department,Zoning Office,for all signage, including any freestanding sign and building mounted sign. 11. Mechanical or HVAC equipment shall not be installed at ground level along any portion of the facade facing a public street. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. , , 1 II ..... . 1 I i i iftimi , , 04 , 1 1 . 0 ' Illt it I.. ga "t3 i lb -...., ,.. ny 0 fp ate 0 1,F. ....k. ccLi ...v ., U -....,_ ----___ ._. ....„_ z / --- - .. 2 — ,-.,--, fp b G *-: 0 , - ''''..,,,,...„...,..„.. 04 ..—_,.._ I1 1 CO -------„,,.., i I s CO 1 ' 04X H 1 ,.., ----,......,,,,, ',... . ''',...,....._ '''...,„......,... I ... .,'-',....,,,... ....„. E it/70 1 (0°Cte at/ 04 I ' '''''s""%*%%"---......,,,.............,,,........,............... CO . i 1 I I ill, I II �y�jl f� Z) �a fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DISCOUNT TIRE OF VIRGINIA, INC. [Applicant] HOLLAND CENTURY ASSOCIATES, LLP [Owner], Conditional Use Permit for an Automobile Repair Garage. 3949 Holland Road (GPIN 1486252370). COUNCIL DISTRICT — ROSE HALL. MEETING DATE: February 16, 2016 • Background: In 2011, the Virginia Beach City Council granted a Modification of Conditions (proffers) for the creation of three out parcels on 5.5 acres of property located at the corner of Holland Road and Windsor Oaks Boulevard that was part of the shopping center's expansive parking lot. The site is a portion of a two-acre out parcel of the Super Kroger grocery store property. The applicant requests a Conditional Use Permit for an Auto Repair Garage. • Considerations: The applicant, Discount Tires of Virginia, proposes to operate a tire and wheels sales and service facility, with up to 15 employees, on a portion of an out parcel. The proposed typical hours of operation are 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. Vehicular ingress/egress is proposed via an internal drive aisle that was established when the out parcels were created. A total of 29 parking spaces are depicted, meeting the minimum parking requirement. The submitted elevations depict a single-story building with primary exterior of brick veneer. A solider course near the top of the facades and a cast stone water table provide architectural detail to the building. Three overhead garage doors are proposed along the western façade, facing Windsor Oaks Boulevard. An attractive 30-foot wide planting area is proposed along Holland Road, depicted as a mix of trees and shrubs. Pedestrian access to the existing sidewalk along Holland Road is also proposed. Further details pertaining to the site and the building's design, as well as staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. Discount Tire of Virginia, Holland Road Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval of this request to the City Council with the following conditions: 1. The development of the site shall substantially conform with the concept plan entitled, "Discount Tire," prepared by Kimley Horn, dated 12/28/2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the building is constructed, it shall substantially conform with the elevations entitled "Discount Tire, Conceptual Elevations," prepared by Architectural Resource Team, dated 12/22/15, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Said building shall be a single-story building with a primary exterior of brick veneer with a solider course near the top of the facades and a cast stone water table. 3. All auto repair must take place inside the building. 4. No outside storage or display of equipment, parts, tires or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 6. The proposed plantings along Holland Road shall be complementary in terms of species and intensity to that on adjacent parcels and in substantial conformance with the submitted concept plan identified in condition #1 above. 7. In addition to meeting the planting requirements of the City of Virginia Beach Landscaping Guide, additional plant material shall be installed within the grass area on the western portion of the property in a manner as to provide a screen to the overhead garage doors. Said plantings shall be depicted on a Landscape Plan and submitted during final site plan review and is subject to the approval of the Development Services Center Landscape Architect in regard to species and placement of said plantings. 8. Any free standing sign shall be a monument style sign, no more than eight feet in height, with a base to match that of the building in terms of materials and color scheme. 9. Mechanical or HVAC equipment shall not be installed at ground level along any portion of the façade facing a public or internal street. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Discount Tire of Virginia, Holland Road Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep. - en ' •ency: Planning Departmendret AzziV,. .,,,e4, ,_ City Manager: Mili\ Applicant Discount Tire of Virginia, Inc. Property Owner Holland Century Associates, LLP Public Hearing January 13, 2016 csryI, Agenda Item 12 Virginia Beach - I I B-2 .._ / en. N Request HOLLAND Holland Road I Conditional Use Permit (Auto Repair 1,IX.LAND RD Garage) / ' ' �a seAll Staff Planner ' B-2 Carolyn A.K. Smith �A Location A-18 of 3949 Holland Road GPIN 3 B -2 1486252370 Lm Election District Rose Hall .z- k' iSite Size / <65 dB DNLAICUZ A-12 / \\--.. 2.01 acres AICUZ Less than 65 dB DNL Existing Land Use Vacant parcel Surrounding Land Uses and Zoning Districts North ,fi u _• .._ Holland Road Mixed Retail/ B-2 Community Business Holland Road South �m Retail/Conditional B-2 Community Business o�� s s East tea, - ----- _ " �1 - - Retail/Conditional B-2 Community Business �� / "..4,4. -.'"- �'' West cryo Jr Windsor Oaks Boulevard / �' � J"'--.;.. Retail/ B-2 Community Business - �1_ , , ,� . Sr 4 . ., Discount Tire of Virginia, Inc. Agenda Item 12 Page 1 Background and Summary of Proposal • In 2011, the Virginia Beach City Council granted a Modification of Conditions (proffers)for the creation of three out parcels on 5.5 acres of property that was part of the shopping center's expansive parking lot. • The site is a portion of a two-acre out parcel of the Super Kroger grocery store property located at the corner of Holland Road and Windsor Oaks Boulevard. • The applicant requests a Conditional Use Permit in order to operate a tire and wheels sales and service facility, with up to 15 employees, on one of the out parcels. • The proposed typical hours of operation are 8:00 a.m.to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. • Vehicular ingress/egress is proposed via an internal drive aisle that was established when the out parcels were created.The shopping center has two unsignalized full-access access points on Windsor Oaks Boulevard, one right-in/right-out access point on Windsor Oaks Boulevard, and one signalized access point on Holland Road at the intersection of Governors Way. A total of 29 parking spaces are depicted, meeting the minimum parking requirement. • The submitted elevations depict a single story building with primary exterior of brick veneer. A solider course near the top of the facades and a cast stone water table provide architectural detail to the building. • Three overhead garage doors are proposed along the western façade, facing Windsor Oaks Boulevard. • An attractive 30-foot wide planting area is proposed along Holland Road, depicted as a mix of trees and shrubs. Pedestrian access to the existing sidewalk along Holland Road is also proposed.• Zoning History ' # Request y 1 MOD Approved 10/11/2011 CUP(Indoor Recreation Facility)Approved 4/26/2011 S-2 / MOD Approved 07/10/2001 --- /// REZ(A-12 to Conditional B-2)Approved 07/10/2001 CUP(Auto Repair)Approved 07/10/2001 ( / / ,r65 OB ONl AKUI M7= { �\ 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 Comprehensive Plan Recommendations Discount Tire of Virginia, Inc. Agenda Item 12 Page 2 i I Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area and provides general planning policies that focus on preserving and protecting the overall character, economic value, aesthetic quality of stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas. Achieving these goals requires that land use activities either maintain or enhance the existing neighborhoods 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. Natural and Cultural Resources Impacts There does not appear to be any significant natural or cultural resources on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 38,000 ADT 1 22,800 ADT 1(LOS 4"C") ADT (LOS E ) Existing Land Use 2-545 ADT Windsor Oaks Boulevard 10,500 ADT 1 13,100 ADT 1(LOS 4"C") Proposed Land Use 3-184 ADT 20,700 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by estimated 3 as defined by 7,400 sf auto repair 4 LOS=Level of Service ADTs of an average B-2 site Master Transportation Plan and Capital Improvement Program The City's Master Transportation Plan and Major Street Network Ultimate Rights-of-Way classifies this section of Holland Road as a medium arterial with an ultimate right-of-way of 165 feet to provide up to six lanes, accommodating a shared use path and sidewalk, landscaped median, and curb and gutter. Public Utility Impacts Water This site must connect to City water.There is an existing 16-inch City water main along Holland Road and an eight-inch City water main along Windsor Oaks Boulevard. Sewer This site must connect to City sanitary sewer. There is an existing eight-inch gravity sanitary sewer main along Windsor Oaks Boulevard. Sewer and pump station analysis for Pump Station#577 may be required to determine if flows can be accommodated, Evaluation and Recommendation The modification approved by the City Council in 2011 resulted in the creation of three outparcels that replaced an excessive number of parking spaces and provided an opportunity to create a more pleasingly aesthetic along Holland Road. The modification required that when this site was developed,the proposal must adhere to specific retail design guidelines, planting enhancements, signage limitations and site design specifications. The submitted layout and building design and the proposed Conditional Use Permit for auto repair, in Staff's opinion, meets the intent of the approved 2011 modification and is recommended for approval,subject to the conditions below. Discount Tire of Virginia, Inc. Agenda Item 12 Page 3 I i II Recommended Conditions 1. The development of the site shall substantially conform with the concept plan entitled, "Discount Tire," prepared by Kimley Horn, dated 12/28/2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the building is constructed, it shall substantially conform with the elevations entitled "Discount Tire, Conceptual Elevations," prepared by Architectural Resource Team, dated 12/22/15,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Said building shall be a single-story building with a primary exterior of brick veneer with a solider course near the top of the facades and a cast stone water table. 3. All auto repair must take place inside the building. 4. No outside storage or display of equipment, parts,tires or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 6. The proposed plantings along Holland Road shall be complementary in terms of species and intensity to that on adjacent parcels and in substantial conformance with the submitted concept plan identified in condition#1 above. 7. In addition to meeting the planting requirements of the City of Virginia Beach Landscaping Guide, additional plant material shall be installed within the grass area on the western portion of the property in a manner as to provide a screen to the overhead garage doors.Said plantings shall be depicted on a Landscape Plan and submitted during final site plan review and is subject to the approval of the Development Services Center Landscape Architect in regard to species and placement of said plantings. 8. Any free standing sign shall be a monument style sign, no more than eight feet in height,with a base to match that of the building in terms of materials and color scheme. 9. Mechanical or HVAC equipment shall not be installed at ground level along any portion of the façade facing a public or internal street. 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. Discount Tire of Virginia, Inc. Agenda Item 12 Page 4 Proposed Site Layout i cn a _ ------- --- . -------- 6 d tl as % IJI 4 oo< Q r 1111111 0 ' 0 0 0 CCI a Q W n J w I c f t g m P w t3 € C CJaN K I w t rt 94# f. 1-=Z I U rn�� J a .4 ( it I'11Ih' •Q ¢ b a p 1 ..- • 11 � ----.��--.�-- - aim ill 111 • ct:t Eig &. M1" F --- '2- t L TTO r R_ a' I =`� t .....► J ~ U CZ '* 1 L[111llltt . s J 3 E¢ t } EpR1 R OA !^ !T (MM HAIM 3l8VINVA?MO ,LI Q aavn31no9 SM00 aO9 NIM e g I 1Q Discount Tire of Virginia, Inc. Agenda Item 12 Page 5 Proposed Elevation 1 8 t'0 ;Or, t - i 1 E P i : i P 11 ''.A r ;$ A2g 11°; 'i:4.11.1 ..!8-1; gP;'5,1g.,, ;f. 5k . , I; ti ; 44.V II ,t,...ri5 tun 5 tau..., ! i I- Pi°5121 51:5;•1 1," , ,, , _ ' . , I..,...1_, .. !gI,“ ;,,, i , i w - 5 . .- z 5, ; : ' i Iv 9 ? .. , 4 g t LU % ',' z., „ .:, •' ,' r.:,:°5 ' ..- . It et W 1.' . • tA :-.. f ' I 1 t 5.!Ic -1 N g 4 1 • 1 ;, 9 , co .• - .';',. .• . ,.> f g u. - 11611 Sh4. 4 4 ,g 1 if L;1 1di . . li • 1 t: ;21 i g III g I, 9- '1/4 f• 9' < z , . 2t '1 4 . - ... - ig '1E6 , 1 I IP am'ams tsa 1. _ 1 ,., CA 14F 4I < > Z 1.. - . A -1 ! 0 c., c, I g 0`9 I ii .... ...,. o I I •a z 6: .1 ...,t i1111111i 1 ii 44 -J ±. Sli 1 iti V. -J < 0 C) ss /x 1 :.E z cr ,..s. 5 z - 0 I Imams E:', 1 i , 0 C., - , 3gi <- w) , tiliR . ‘)o 0 0 '., 'Pr ft 0 _ -I . .10 ill i,t,. - Ill 11 1 1- I :15,3 5- 0 I I- ca '0- , w W I , IU.... iS ,l t' t. i i'l:'' i:lill . bk. ,•,. :li i E J. ,.1 . , ., 1 ' (9'6,,it_ It, iimuum : 1 4. 4, :-....:1 t. 11 4 j.44 epc. 10161i; „,....- IP' to07. 6, 1 • • I 1 e • i i 1 13"Kt NW III il _ - ii € 's P.V iLt i JP i I t lr: LA m i l ii i't: .';; g t•I,'''t..;,:i i - -A- :I ?-, 1 MI ';' .9 I.. 404 40 a ,, ,.,?. . . . Discount Tire of Virginia, Inc. Agenda Item 12 Page 6 Site Photos • yrs. - • A • rrs� ** L _mss. ? ,1110151, 111.11' I Discount Tire of Virginia, Inc. Agenda Item 12 Page 7 1 Disclosure Statement AB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers_ Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ® 4, The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE C Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or TOR CIT L -O+:LY/ 1 • , t r : F t „. Page l of 4 14e.+1)C 'WI PI ,, `:T,t,C In.!III .+ :i•..r t-,:.,. dl! .t Z101S' ..t.LI_ 10-t:AFL)OF HEAR!JG NOCHANGES.:SOF ,)a L "•2. / 44° _OW l0. V."10,Sc +?" +TEF' Discount Tire of Virginia, Inc. Agenda Item 12 Dean Q Disclosure Statement N/B Virginia Beach Financing(include current fl mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/Agents for ricurrent and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I 1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANTS SIGNATURE PRINT NAME DATE Holland Century Associat L.P. � Lawrence Fleder, manager 10/20/15 PROPER OWNER'S SIGNATURE // PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Discount Tire of Virginia, Inc. Agenda Item 12 Page 13 Disclosure Statement Conditional Use Permit Application of Discount Tire of Virginia,Inc. Applicant Disclosures (A)List the Applicant's name followed by the names of all officers,directors,members.trustees, partners,etc.,below: 1. Applicant's Name:Discount Tire of Virginia.Inc. 2. Officers/Directors: a. Michael S.Zuiback—CEO/President b. Dean Muglia—Assistant Secretary/Treasurer c. Andrew Haus—Treasurer d. Douglas S.Wilson—Secretary e. Bruce T.Halle—Director (B)List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: 1. Halle Properties,LLC,an Arizona limited liability company 2. Wilanna,Inc.,an Arizona corporation 3. Teton-Pitkin,LLC,an Arizona limited liability company 27710663v1 Discount Tire of Virginia, Inc. Agenda Item 12 Page 14 Disclosure Statement Conditional Use Permit Application of Discount Tire of Virginia,Inc. Property Owner Disclosures (A) List the Property Owner's name followed by the names of all officers, directors,members, trustees,partners,etc.,below: 1. Property Owner's Name:Holland Century Associates,L.L.P. 2. Partners: a. Super Holland Associates,L.L.P. i. James M.Caplan(Manager) ii. Lawrence Fleder(Manager) b. MACH One,L.L.C. i. James M.Caplan(Manager) ii. Lawrence Fleder(Manager) iii. CH&B Associates,L.L.P.(Member) c. HIC,L.L.C. i. James M.Caplan(Manager) ii. The Caplan Family Trust 1976(Member) d. HIF,L.L.C. i. Lawrence Fleder(Manager) ii. The Fleder Family Trust 1976 (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: 1. Super Holland Associates,L.L.P. 2. MACH One,L.L.C. 3. HIC,L.L.C. 4. HIF,L.L.C. 27710890x1 Discount Tire of Virginia, Inc. Agenda Item 12 Page 15 Item #12 Discount Tires of Virginia, Inc. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 12 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. [ ,,,-0144, fE' S, Pt .1., , r...............„..-, �...� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAKE 5 OIL CHANGE, LLC [Applicant] LYNN PLAZA INVESTMENTS, LLC [Owner], Conditional Use Permit for an Automobile Repair Garage. 845 Lynnhaven Parkway(GPIN 1496347303). COUNCIL DISTRICT—ROSE HALL. MEETING DATE: February 16, 2016 • Background: The applicant requests a Conditional Use Permit to redevelop a 0.4-acre portion of the subject site with an oil change facility. The 6.35-acre site is developed with a commercial strip mall. The portion of the site proposed for redevelopment contains a vacant structure that was previously a "Rally's" drive-thru restaurant. The existing structure will be demolished. ■ Considerations: The proposed oil change facility is 1,300 square feet and contains two service bays. The site will be oriented such that vehicle stacking will be behind the building and shielded from view from Lynnhaven Parkway. Access to the site will be from an existing entrance to the shopping center along Lynnhaven Parkway. Landscape islands will be added around the entrance to the building and along the rear of the site. The applicant wishes to install a freestanding sign along Lynnhaven Parkway; however, because subdividing this portion of the larger lot is not included in this request, a freestanding sign is not permitted and would require a Board of Zoning Appeals variance. Further details pertaining to the site and building designs, as well as Staffs 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 11-0 to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the submitted site plan entitled, "TAKE 5 OIL PARKWAY PLAZA, 845 LYNNHAVEN PARKWAY," dated November 19, 2015 and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. Take 5 Oil Change, LLC Page 2of2 2. Except as modified by any other condition of this Conditional Use Permit, the building shall be constructed in substantial conformance with the submitted building elevation drawing entitled, "TAKE 5 OIL CHANGE, 845 LYNNHAVEN PARKWAY, VIRGINIA BEACH, VA 23452," dated October 15, 2015 and prepared by Childrey Robinson Associates. Said elevation drawing has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. 3. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Planning Department, Zoning Office. 4. Except as modified by any other condition of this Conditional Use Permit, landscape shall be installed in substantial conformance with the plan referenced in Condition 1 above. 5. The dumpster shall be enclosed with a solid vinyl fence, not less than six- feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be allowed. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De. : .iik- •• t •ency: Planning Department City Manager: v•�"i► Applicant Take 5 Oil Change, LLC Property owner Lynn Plaza Investments, LLC c/o Pembroke Commercial NIBRealty, LLC Public Hearing January 13, 2016 Virginia Beach Agenda Item 2 Request B 2 e \ B-2 Conditional Use Permit (Automobile Repairer >7APZ DM Garage) Lynnhaven Mall Loop 1 Staff Planner �` I \ Kevin Kemp B-2 B2 Location e 845 Lynnhaven Parkway H-1 GPIN :231111MFI ' 8-2 14963473030000 >75 $ NI. `s,,, R-7.5 c- - Election District 1 R-75 B-2 ¢ 4 Rose Hall i . ' R''s Site Size 0.40 acre portion of a 6.35 acre site AICUZ Greater than 75 dB DNL Existing Land Use Commercial Strip Center Surrounding Land Uses and Zoning Districts North — L':NN H.i VI N Commercial Use/ B-2 Community Business IN ' South Lynnhaven Parkway -�� Commercial Use/ B-2 Community Business ___ East Commercial Use/ B-2 Community Business "� .,1,« West ti— o `,�. N":�� Commercial Use/ B-2 Community Business 'e, rr Take 5 Oil Change, LLC Agenda Item 2 Page 1 Background and Summary of Proposal The applicant requests a Conditional Use Permit to allow a 0.4-acre portion of the site to be redeveloped with an automobile repair facility.The 6.35-acre site is developed with a strip mall shopping center.The portion of the site proposed for redevelopment contains a vacant building that was previously a drive-thru restaurant.The existing building will be demolished. The applicant proposes to construct a 1,300 square foot oil change facility. The building will be oriented towards the front of the site,with two drive aisles located behind the building to accommodate vehicle stacking. The site is currently entirely impervious cover. As part of the redevelopment, landscape islands will be added on the east side of the building and along the rear of the site. Foundation landscaping will be planted along the south and east sides of the building. The dumpster will be located in the northeastern, rear corner of the site and will be screened using a six-foot, solid, vinyl fence and the required Category I landscape material. Access to the site will remain from an existing entrance to the shopping center from Lynnhaven Parkway. The site can also be accessed internally from the shopping center's parking area.There are four parking spaces proposed at the rear of the site and the existing row of parking adjacent to Lynnhaven Parkway will remain. The applicant would like to install a freestanding, monument sign along Lynnhaven Parkway; however, because subdividing the portion of the larger lot proposed for redevelopment is not part of this request, a freestanding sign is not permitted.The existing shopping center has a freestanding identification sign located at the entrances along Lynnhaven Parkway and South Lynnhaven Road; therefore,fulfilling the number of freestanding signs permitted on the site. Should the applicant desire an additional freestanding sign, a variance will be required from the Board of Zoning Appeals. The submitted building elevations depict a one-story building containing two service bays.The primary design element is a tower feature located at the western corner of the building. The tower feature extends above the roofline and is capped with a pitched, standing-seam metal roof.The primary exterior is Exterior Insulation Finish System (EIFS). A brick base runs the length of the building. A red color band extends around the top of the building.Two building signs are shown on the front elevation.The company logo will be centered on the tower feature. Staff is recommending a condition as part of this Use Permit for the purpose of ensuring all signs comply with the requirements of the Zoning Ordinance. i\ I ,\ a2 _2 r a � >7s dB DNt iiV APZ-z Zoning History ,,,2 _ LYnnhaven Mell Loot' _ g Request \ 1 CUP (Tattoo Parlor)Approved 06/08/2010 6.2 2 2 MOD (to CUP Approved by Council on 07/12/1982) a : (� 6.2 Approved 12/02/2008 SITE 62 �Jt,{f, CUP (Automobile Service Station)Approved "-+ 07/12/1982 ,° 82 z/ CD 3 CUP (Automobile Sales and Service) Approved s7> � Nt. ' Ras _ 10/14/1997 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 Take 5 Oil Change, LLC Agenda Item 2 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area, Special Economic Growth Area (SEGA) 2-West Oceana.This SEGA includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park.All of this area is inside the AICUZ high noise zone and much of it is subject to Navy restrictive easements.The SEGAs are predominately nonresidential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas.The City supports all new development or improved redevelopment proposals in this area that adhere to the City's AICUZ provisions and the City's economic growth strategy.The area west of Lynnhaven Parkway is recommended corporate office, retail, and other comparable commercial uses. Due to the site's high visibility, special attention should be given to ensure high quality site, landscape and building designs. (pp. 3- 29 to 3-30) The planning principles for the Suburban Area are reinforced by the Special Area Development Guidelines for the site and the building design guidelines outlined in the Comprehensive Plan's Reference Handbook.The guidelines applicable to this request include the following: (pp. B-7 to B-12) • In the absence of existing vegetation, new hardy native plant materials of a type,size and location should be added to achieve a high quality physical environment. When selecting the type, size, and location of landscaping at critical areas such as intersections, parking lot crossways and driveways; safe lines-of-sight that meet or exceed development standards should always be considered. • Structures should be designed to attract the eye with proportional elements of scale, mass,and height, both in relation to the site and surrounding environment.Any facade of a building visible from a roadway should be designed to possess as much detail as the primary facade. Building materials should be long lasting, attractive, and high quality with complimentary color schemes that reflect the character of the area. • All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination of the development without projecting light and glare onto adjacent properties. • All signs should be consistent in color and theme with the primary building. Oversized or overly elaborate signs that compete for attention or which create visual clutter are discouraged. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed.There do not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 35,100 ADT 1 42,100 ADT 1(LOS°"D") 48,200 ADT 1(LOS 4"E") Existing Land Use 2-106 ADT South Lynnhaven Road 16,200 ADT 1 22,800 ADT 1(LOS°"D") Proposed Land Use 3-80 ADT 27,400 ADT'(LOS°"E") 'Average Daily Trips 2 as defined by 690 sq.ft. 3 as defined by a two bay quick 4 LOS=Level of Service restaurant with drive-thru lubrication vehicle stop Master Transportation Plan and Capital Improvement Program The site is an outparcel lease area in one of three interconnected parcels forming a shopping center with unsignalized access to Lynnhaven Parkway and South Lynnhaven Road,the overall center having one full-access entrance on each road and three right-in/right-out entrances. Take 5 Oil Change, LLC Agenda Item 2 Page 3 Lynnhaven Parkway is a six-lane major urban arterial; South Lynnhaven Road is a four-lane minor urban arterial.There are no CIP projects programmed to modify either, although the 2010 MTP Ultimate Right-of-Way listing identifies this segment of Lynnhaven Parkway as a future eight-lane roadway. Public Utility Impacts Water The site is currently connected to City water.There is a 16-inch City water main along Lynnhaven Parkway. Sewer The site is currently connected to City sewer. There is an 8-inch gravity sewer main along Lynnhaven Parkway. Evaluation and Recommendation This proposal will redevelop what is currently a highly visible and distressed portion of the subject site.The proposed site changes will, in Staff's opinion, be a welcomed aesthetic improvement to the area and is compatible with the commercial nature of the surrounding area.Staff finds that the proposed oil change facility is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area as well as the provisions of the Zoning Ordinance with regard to site and building design. Additionally,this proposal is a compatible use with the provisions identified in the Land Use Compatibility Table in Article 18, Special Regulations in Air Installations Compatible Use Zones(AICUZ)of the Zoning Ordinance,for a site located within the greater than 75 dB DNL noise zone. Provided below is a brief summary of the proposal's consistency with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas: • Access and Circulation-Access to the site will not be changed with this proposal.The site is accessed from an existing entrance to the shopping center from Lynnhaven Parkway. Internal circulation appears safe and convenient. • Pedestrian Movement-The proposed use of the site is completely automobile-centric in nature and requires little consideration to pedestrian access.The submitted site plan shows a clearly marked path between the handicap parking area and the building entrance. • Parking Areas-The four parking spaces provided at the rear of the site meet the parking requirements of the Zoning Ordinance.Additional parking is accommodated with the existing row of parking adjacent to Lynnhaven Parkway. • Landscape Design Techniques- Landscape islands, containing canopy trees,will be added on the east side of the proposed building and along the rear of the site.The existing paved parking area extends to the property line adjacent to Lynnhaven Parkway; therefore, it is difficult to incorporate any street frontage landscaping along the right-of-way. Foundation landscaping will be planted along both facades of the building where visible from Lynnhaven Parkway. • Signage-A freestanding monument sign is proposed within the existing row of parking adjacent to Lynnhaven Parkway with a landscape island surrounding the sign.The two existing shopping center identification signs located on the site fulfill the number of permitted freestanding signs on the site.Should the applicant wish to add another freestanding sign, a variance will need to be granted from the Board of Zoning Appeals. • Building Design-The proposed building design uses quality building materials and is consistent with the Retail Design Guidelines. Based on the finds above,Staff recommends approval of this request with the conditions below. Take 5 Oil Change, LLC Agenda Item 2 Page 4 Recommended Conditions 1. Except as modified by any other condition of this Conditional Use Permit,the site shall be developed in substantial conformance with the submitted site plan entitled, "TAKE 5 OIL PARKWAY PLAZA,845 LYNNHAVEN PARKWAY," dated November 19, 2015 and prepared by American Engineering.Said plan has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit,the building shall be constructed in substantial conformance with the submitted building elevation drawing entitled, "TAKE 5 OIL CHANGE, 845 LYNNHAVEN PARKWAY,VIRGINIA BEACH,VA 23452" dated October 15, 2015 and prepared by Childrey Robinson Associates.Said elevation drawing has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. 3. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance.A permit shall be obtained for all signage from the Planning Department,Zoning Office. 4. Except as modified by any other condition of this Conditional Use Permit, landscape shall be installed in substantial conformance with the plan references in Condition 1 above. 5. The dumpster shall be enclosed with a solid vinyl fence, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 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. 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Aiy IA 111111111 . 411111111110 — 111 AMINE aiNim=i III . _ —-, 014-\ 0 .. 1 !„ .. i I Ii II Ili _ z 1 AN 1 o us i { le IA 7 sl S Zo 111 W III iii i , r's„ i III =s � I 11 h S111 2 itra nu _ , , I lili I 5 L ■ ' . t ' i; i�ii i 3 .op b- II Take 5 Oil Change, LLC Agenda Item 2 Page 9 Site Photos 'f ill Usti • • I iliaJ • ay .r ■.� ■ `, .: .� - h'� .rte" • '. � „i; i Take 5 Oil Change, LLC Agenda Item 2 Page 10 Disclosure Statement Fr , f DISCLOSURE STATEMENT FOR The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Vi• rginia law, • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IACheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE _f REVISIONS SUBMITTED DATE You created this PDF from an application that is not licensed to print to novaPDF printer(http://www.novapdf.com) Take 5 Oil Change, LLC Agenda Item 2 Page 11 Disclosure Statement P - fir �•aR.3`.L.; ^a*4�4 w.--YG,9�c.^` R a`...�....:.>>v. other unincorporated organization,AND THEN,complete the fo (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if necessary) See Attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if aroverty owner is different from Annlicant• D Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 4 Check here if the PROPERTY OWNER/S 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) See Attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. You created this PDF from an application that is not licensed to print to novaPDF printer(http://www.novapdf.com) Take 5 Oil Change, LLC Agenda Item 2 Page 12 Disclosure Statement 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 ooeratina or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ` purchaser of the subject property L (Identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ElED Engineers/Surveyors American Engineering Assoicates,SE 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. You created this PDF from an application that is not licensed to print to novaPDF printer(http://www.novapdf.com) Take 5 Oil Change, LLC Agenda Item 2 Page 13 I � Disclosure Statement .. T Financing(include current Whitney Nationnt BBflk&iSi8h8) mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Alan Frie n-Fagged&Frieden � Real Estate Brokers /Agents for ThomasMussoni-CormnerdelProperty I�1 current and anticipated future Advisors;RobHeavner-RetailAdvisors,Inc sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or ,meeting of any public body or committee in connection with this Application. APPLI NATURE PRINT NAME DATE LY ZA INVESTMENTS LLC Richard E. Olivieri 11/2/15 P 0 TY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Take 5 Oil Change, LLC Agenda Item 2 Page 14 Disclosure Statement Additional Disclosure Information Proposed Take 5 Oil Change—845 Lynnhaven Parkway What financial institution(s)(bank,credit union,mortgage company,etc.)is or will have a financial interest in this project? (1) Source of financing for sale/lease or purchase of property: (Bank) Property is being leased. Funds are from corporate operations.No outside lenders (2) Real Estate Broker Thomas Mussoni—Commercial Property Advisors;Rob Heavner-Retail Advisors,Inc. (3) Lienholder/Collateral on the property: N/A (4) Source of financing for project: N/A—Internal Corporate Funding for Lease and construction. (5) If there have been any discussions with a financial institution with regarding to loans to be secured to finance any aspect of this project,please provide the name of those institutions: N/A (6) Contract Purchaser: Take 5 Oil Change.LLC (7) Ongoing relationship with any financial institution: Whitney National Bank.(Louisiana) Take 5 Oil Change, LLC Agenda Item 2 Page 15 Disclosure Statement Proposed Take 5 Oil Change—845 Lynnhaven Parkway OWNER: Lynn Plaza Investments,LLC Members: PCR Investments II,LLC Marc Associates,LLC,Operating Manager (Richard E.Olivieri,Manager) Blue Ridge Associates of Virginia,LLC (Frederick J.Napolitano,Managing Member) Club Forest Lynnhaven,LLC (Lawrence L.Steingold,Manager) Take 5 Oil Change, LLC Agenda Item 2 Page 16 Take 5 Oil Change, LLC t111 Corporate Office 4kE� = 41(E♦ 2450 Severn Ave. #308 I o S 6 é Metairie, Louisiana 70001 h . �� (504) 837-0670 *Nun 1:4"gyp s'ilNUTE o�� Fax (504) 828-2238 February 4, 2016 To Whom It May Concern: Take 5 Oil Change, LLC, headquartered at 2450 Severn Ave., Suite 308, Metairie, LA 70001, performs automotive oil change services in various locations throughout the Southeastern Unites States. For the purposes or permitting, construction, governmental approvals, and committing company resources or obligations, we authorize the following individuals to executed documents on behalf of Take 5 Oil Change, LLC and represent the company in various business matters: • Henry Robert— Senior Construction Manager • Graham Brown — Director of Real Estate If you should have any questions, please do not hesitate to call me at (504) 837-0670. Res :rds, 10,N AkrPeter J.i President 03, Take 5 Oil Change, LLC Corporate Office 4kE,� 2450 Severn Ave. #308 344. 4 Metairie, Louisiana 70001 0 • (504) 837-0670o��,ryFsM'MUTE Fax (504) 828-2238 4a Take 5 Oil Change,LLC Officers Troy D. Templeton Chairman of the Board 6250 SW 130 Terrace Miami,FL 33156 305-740-8121 Jon E. Elias Vice President 400 Alton Rd#3203 Miami Beach, Fl 33139 305-215-6905 Russ Wilson Vice President 5611 San Vicente St Coral Gables,FL 33156 786-239-7810 David Gershman General Counsel, Secretary 6124 SW 104th St Authorized Signatory Pinecrest,FL 33156 305-467-6959 Phyllis Dennis Assistant Secretary 5161 Collins Ave#12 Miami Beach,FL 33140 786-547-4167 Peter J. Frey President 540 Kimberly Ann Mandeville, LA 70471 504-259-2265 Lisa Jackson Controller 6212 Morton St. Metairie, LA 70003 504-888-1456 • • ACTION BY UNANIMOUS CONSENT IN WRITING AS AND FOR A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF TAKE 5 01L CHANGE, INC. Effective as of November 28,2011 The undersigned,constituting all of the members of the Board of Directors(the"Board")of Take 5 Oil Change, Inc., a Delaware corporation ("Buyer"), by unanimous written consent, pursuant to the authority contained in Section 141(f)of the General Corporation Law of the State of Delaware,without the formality of convening a meeting, hereby adopt and approve the following resolutions: 1. Membership Interest Purchase Agreement 2. Board of Directors of Buyer WHEREAS, Immediately following the closing of the transactions contemplated by the Purchase Agreement(the"Closing"), the Board of Buyer desires to set the size of the Board at five (5) members pursuant to Section 2 of Article 111 of the Bylaws of Buyer, and appoint new members to fill such positions; and WHEREAS, Sections 2 and 4 of Article III of the Bylaws of Buyer provide that newly created directorships may be filled by action of the directors. NOW, THEREFORE, BE IT RESOLVED, that immediately following the Closing, the Board of Buyer shall be fixed at five(5)members;and be it further • RESOLVED, that Immediately following the Closing, the following person be, and he hereby is, • appointed as a director of Buyer to fill the vacancy created by such newly created directorship, to hold his directorship until his successor is duly elected and shall have qualified or until his earlier resignation or i� removal: Peter Frey 3. Officers of Buyer RESOLVED, that immediately following the Closing, the following persons be, and they hereby are,appointed to the offices of Buyer set forth below opposite their respective names,each to serve until their respective successor is duly elected and qualified or until their earlier resignation or removal: Troy D.Templeton Chairman of the Board Peter Frey President,Chief Executive Officer Lisa Jackson Controller Jon E.Elias Vice President Russ Wilson Vice President, David Gershman General Counsel,Secretary,Authorized Signatory Phyllis Dennis Assistant Secretary 4. Issuance of Buyer's Stock;Stockholders'Agreement 9. General RESOLVED, that in addition to and without limiting the foregoing, the appropriate officers of Buyer be, and each of them hereby is,authorized,empowered end directed to take,or cause to be taken, such further action, and to execute and deliver, or cause to be delivered, for and in the name and on behalf of Buyer, all such Instruments and documents as such officer may deem appropriate in order to • effect the purpose and/or intent of the foregoing resolutions (as conclusively evidenced by the taking of such action or the execution and delivery of such Instruments, as the case may be) and all actions heretofore taken by the officers and agents of Buyer in connection with the subject of the foregoing recitals and resolutions be, and hereby are, approved, ratified.and confirmed In all respects as the acts and deeds of Buyer;and be it further RESOLVED, that this Unanimous Consent may be executed in one or more counterparts, all of which together shall be deemed to be one and the same Instrument. [SIGNATURE PAGE ATTACHED HERETO) 5 IN WITNESS WHEREOF, the undersigned has executed this Action by Written Consent as of the date first above written. ,7"-'a -1"' Troy D.T mpleton „r_ e.,s.. Jon E Lil ,, Ru ilson Dav;. Gershman _ CONSTITUTING ALL THE MEMBERS OF THE BOARD OF TAKE 5 OIL CHANGE, INC. SIGNATURE PAGE TO THE ACTION OF THE BOARD OF DIRECTORS OF TAKE 5 OIL CHANGE,INC. i II Item#2 Take 5 Oil Change, L.L.C. Conditional Use Permit 845 Lynnhaven Parkway District 3 Rose Hall January 13, 2016 CONSENT An application of Take 5 Oil Change, L.L.C.for a Conditional Use Permit(Automobile Repair Garage)on property located at 845 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 1496-34-7303-0000. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit,the site shall be developed in substantial conformance with the submitted site plan entitled, "TAKE 5 OIL PARKWAY PLAZA, 845 LYNNHAVEN PARKWAY,"dated November 19, 2015 and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit,the building shall be constructed in substantial conformance with the submitted building elevation drawing entitled, "TAKE 5 OIL CHANGE, 845 LYNNHAVEN PARKWAY,VIRGINIA BEACH,VA 23452" dated October 15, 2015 and prepared by Childrey Robinson Associates.Said elevation drawing has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. 3. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance.A permit shall be obtained for all signage from the Planning Department,Zoning Office. 4. Except as modified by any other condition of this Conditional Use Permit, landscape shall be installed in substantial conformance with the plan references in Condition 1 above. 5. The dumpster shall be enclosed with a solid vinyl fence, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be allowed. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE Item#2 Take 5 Oil Change, L.L.C. Page 2 KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 for consent. Brad Martin appeared before the Commission on behalf of the applicant. N 1 Crl _...... .... At- 011 1r In I , CO I X Oe ,,.. i.o aio E , . kid .1. .., It) a ..., :1 al ; ,..; re. Ao Okk tip.. 04 0 I imil ‘Iji 11 I Po . . Inn Oill'Ai, C5 VA& 2 la c GI rite t,.....:':#'":' > + 00 II de \iiiiiis;111104 ,, 44 lti CI rs41 di .-A. 0 ( A N 04 Ith 00,4 .41,g. , I ) * Z , , : , uocri? m coad Lin Ir.: I,' SID Ven eill s 0..,....,, K. 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 HISTORIC PRESERVATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 2/16/16st