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Home My WebLink AboutAPRIL 19, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL loNIA.BEAc MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 Ki� M.BENJAMIN DAVENPORT At Large O t c . ROBERT M DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large �, . "-, ✓s AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach--District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.'(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL.'Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 19 APRIL 2016 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. FY 2016-17 RESOURCE MANAGEMENT PLAN (Budget) 1. Virginia Beach City Public Schools Daniel D. Edwards, Chairman— School Board 2. Quality Education and Lifelong Learning Eva Poole, Director - Libraries 3. Cultural and Recreational Opportunities a. Parks and Recreation Michael J. Kalvort, Director b. Cultural Affairs Office Emily Labows, Director c. Aquarium and Historic Homes Lynn Clements, Director - Museums & Historic Resources II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:15 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 Lisa Dlubala, Pastor Christian Church Uniting C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Ambassador Jose Cuisia, Jr. —Philippine Embassy 2. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director—Finance I. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 1113 Atlantic Avenue (deWitt Cottage) b. Café Franchises: Repeal Bourbon & Burgers Atlantic Avenue Sidestreet Café 202 22nd Street 204 Grill Atlantic Avenue Sidestreet Café 204 22nd Street Cancun Fiesta Atlantic Avenue Sidewalk Café 308 21st Street Giovanni's Atlantic Avenue Sidewalk Café 2006 Atlantic Avenue Lighthouse Boardwalk Café 1201 Atlantic Avenue North Beach Boardwalk Café 3900 Atlantic Avenue Yacht Club Boardwalk Café 2607 Atlantic Avenue Chix Boardwalk Café 701 Atlantic Avenue c. Open Air Markets on City-owned property: Old Beach Farmer's Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Art Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Green Market at 620 19th Street to be relocated to 600 Block of 18th Street J. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to study and make recommendations to City Council re rental of homes (EVENT HOMES) for events in residentially zoned neighborhoods 2. Ordinances to AMEND City Code: a. Section 23.22.1 re possessing an open container of alcohol in a public place b. Section 21-359 re Resort Permit Area Parking with adjustments to revenues c. Advertising/Streets and Sidewalks: i. Sections 3-1 and 3-3 re on public streets, public rights-of-way or other Public Property: ii. ADD Section 3-6 re Motor Vehicle Signs iii. REPEAL Section 3-2 re Billboards iv. Section 33-113.1 re Subdivision Identification Signs v. ADD Sections 33-114.4.1 re Roadside Guide Signs and 33-114.4.2 re Public Art Sponsorship Signs vi. Section 10-1 re renaming the Polling Place for Lynnhaven Precinct 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Back Bay Wildfowl Guild, Inc. for City-owned property at 1113 Atlantic Avenue DISTRICT 6 - BEACH 4. Ordinances GRANTING Franchise Agreements: a. Open Air Cafés in the Resort Area: Repeal Bourbon & Burgers Atlantic Avenue Sidestreet Café 202 22nd Street Cancun Fiesta Atlantic Avenue Sidewalk Café 308 21st Street Giovanni's Atlantic Avenue Sidewalk Café 2006 Atlantic Avenue Lighthouse Boardwalk Café 1201 Atlantic Avenue North Beach Boardwalk Café 3900 Atlantic Avenue Yacht Club Boardwalk Café 2607 Atlantic Avenue Chix Boardwalk Café 701 Atlantic Avenue b. Open Markets in the public right-of-way: Old Beach Farmer's Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Art Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Green Market at 620 19th Street to be relocated to 600 Block of 18th Street 5. Ordinances to EXTEND the dates for satisfying conditions in the matters of closing: a. An unimproved right-of-way known as Scott Bend Lane b. Unimproved portions of: i. Singleton Way (formerly Princess Anne Road) ii. South Witchduck Road (formerly Kempsville Road) iii. Princess Anne Road (relocated) adjacent to the North, East and Southeast sides of Parcel "D" 6. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property: a. Lake Joyce back of 4449 Lee Avenue (pier and slope revetment) b. Lake Joyce back of 4453 Lee Avenue (boat ramp and slope revetment) 7. Ordinance to APPROPRIATE: a. $380,325 fund balance of the Federal and State Seized Asset Fund to the Police for equipment and software licenses b. $176,442 in State revenue and TRANSFER $132,342 from the General Contingencies to the General Registrar for the June Republican Primary Election 8. Ordinances to ACCEPT and APPROPRIATE: a. $844,447 from the National Oceanic and Atmospheric Administration to Citywide Sea Level Rise/Recurrent Flooding Analysis b. $53,965 from Virginia Department of Health, $19,877 from EMS training classes revenue and $36,460 from pre-payments for stand-by duty at special events to EMS re equipment and medical supplies 9. Ordinance to TRANSFER $400,000 from General Fund Neighborhood Dredging Reserves to Beach Replenishment and AUTHORIZE an emergency beach replenishment at Cape Henry Beach K. PLANNING 1. TATTOO SKILLS TOO, LLC/DAM NECK SQUARE, LLC for a Conditional Use Permit re a tattoo parlor at 1577 General Booth Boulevard DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 2. STEPHANIE L. WEEKES for a Conditional Use Permit re day-care at 1205 Sydenham Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. VEONCA EVANS /NHI HO for a Conditional Use Permit re day-care at 5490 Davis Way DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re outdoor recreation at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. ASHDON BUILDERS, INC. & ESTATE OF BERTHA H. CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK,JAMES M. SMITH, SR. Change of Zoning from AG-2 Agricultural to R-10 Residential Comprehensive Plan: Suburban Area re single family dwelling density Variances to: Subdivision Section 4.4(b) Floodplain Section 4.10.B.3 at Princess Anne Road and Fenwick Way Conditional Change of Zoning from AG-1 & AG-2 Agricultural to Conditional R-10 Residential Comprehensive Plan: Suburban Area re 17 single-family dwellings density Variance to Subdivision Section 4.4(b) at 2344 Princess Anne Road DISTRICT 7 - PRINCESS ANNE DEFERRED FROM APRIL 5, 2016 RECOMMENDATION: APPROVAL 6. TITAN MYERS DEVELOPMENT, LLC /KHJ, LLC, BESS P. DECKER, MONICA JOHNSON, TALMADGE C. HUNT, SR. REVOCABLE LIVING TRUST Conditional Change of Zoning from R-7.5 Residential to PD-H2 (A-12 Apartment) between Daniel Smith Road and Connie Lane, East of Newtown Road Comprehensive Plan: Suburban Area re density for 35 dwellings - condominium ownership DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH a. An Ordinance to AMEND City Zoning Ordinance (CZO) Sign Regulations: i. AMEND Sections 210 through 218, 234, 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, 2210 ii. AMEND Oceanfront Resort District Section 6.3 iii. ADD Section 210.01 re General Regulations iv. REPEAL Sections 211.1, 212.1 and 212.2 b. An Ordinance to AMEND the City Zoning Ordinance (CZO) Sections 111, 401, 501, 801, 901, 1001, 1110, 1125, 1421 and Oceanfront Resort District Section 5.2 re day-care centers and family day-care homes c. An Ordinance to AMEND and REORDAIN Section 506 of the City Zoning Ordinance (CZO) re adding new"Figure 2—Roof Dormer Diagram" RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —Plumbing/Mechanical HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 ****************************** 04/19/16 jb MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. FY 2016-17 RESOURCE MANAGEMENT PLAN (Budget) 1. Virginia Beach City Public Schools Daniel D. Edwards, Chairman— School Board 2. Quality Education and Lifelong Learning Eva Poole, Director - Libraries 3. Cultural and Recreational Opportunities a. Parks and Recreation Michael J. Kalvort, Director b. Cultural Affairs Office Emily Labows, Director c. Aquarium and Historic Homes Lynn Clements, Director - Museums & Historic Resources II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION IV. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I I V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Lisa Dlubala, Pastor Christian Church Uniting C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Ambassador Jose Cuisia, Jr. —Philippine Embassy 2. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director - Finance II pllA BP 4 cab t tie i • ac Aks °E. °f°uR 000° 44 RESOLUTION WHEREAS: Jose Cuisia, Jr. was Commissioned as Ambassador for the Philippines on February 9, 2011, he moved into the office of the Philippine Embassy in Washington, DC on April 2, 2011. Ambassador Cuisia was credentialed by President Obama on July 7,2011; WHEREAS: Ambassador Cuisia has left his 'footprints in the sands of time"by his many initiatives in the United States for Philippine citizens in creating and sustaining the best "people-to-people" relationships and communication ever; engaging the Fil-Am Communities across the United States as "bridge builders"between their mother country and their adopted homeland; establishing new ways to promote cultural changes, continue education and appreciate their heritage in a new way of living; promoting trade and economic investment within the Philippines;and,with his wife Victoria,creating and promoting the Merienda Youth Forum program as well as the Filipino Young Leader Professionals [FYLPRO]; WHEREAS: Ambassador Cuisia has visited Virginia Beach several times--the first being a meeting with Mayor Sessoms,Secretary of Commerce James Cheng and Economic Development Director Warren Harris in November 2012,at which time he was interviewed by CBN Newswatch on the "State of Affairs in the Philippines". He toured Virginia Electronic Systems and German manufacturer,STIHL. He attended the Fil-Am Vote Coalition of Hampton Roads advocating for citizen responsibility to register to vote and to vote in the United States,this strengthening the Filipino-American Voice in America. His second visit was in May 2013 when he met with fifty companies at the Founders Inn Business Forum/Luncheon,sponsored by Virginia Beach Economic Development and the Virginia Port Authority. His business tour included On- Call Holdings, BHI International, Navy Exchange and Commissary Command, the MacArthur Memorial Foundation, Tallwood High School's Global Studies and International Languages Academy; the USS WASP on the largest Naval Base in the world[Norfolk], the Sister Cities Association of Virginia Beach [SCAVB]and was the keynote speaker for the World Affairs Council dinner. It was during his visit with Delegate Ron Villanueva and the SCA VB that he was asked what municipality in the Philippines would be the most appropriate with which to establish a "sister city"relationship. His Immediate response was Olongapo,due to their military history,close proximity to Clark Air Force Base and Subic Bay and in his assessment of Virginia Beach's history and current Filipino population; WHEREAS: The first Virginia Beach Trade Mission was headed by Virginia Delegate Ron Villanueva, Warren Harris and Roy Estaris in August 2013. The Olongapo City Council had voted and Mayor Bolen Paulino presented their formal Resolutions Nos. 77 and 78 authorizing the creation of a "sister city" relationship with Virginia Beach. As a result, Olongapo was invited to participate in Virginia Beach's Fiftieth Anniversary celebration in September 2013. This was Mayor Paulino's and many of his Mayoral Delegation's first visit to Virginia Beach. They were impressed and committed to furthering the relationship with educational, cultural and economic exchanges. Soon after that visit, a devastating Typhoon struck the Philippines killing 'hundreds of people, and destroying homes,land and buildings. In November 2013,the Virginia Beach City Council voted to gf four rescue boats that were excess property to Olongapo and those have been shipped to assist in future rescue efforts. In addition,five Olongapo Firefighters recently committed six months of their lives to come to Virginia Beach and train in the Fire/EMS Academy to enhance their emergency public safety. In March 2014, the first educational exchange visit took Tallwood High School students to Olongapo. In May 2014, the Virginia Beach Mayoral Delegation, led by Councilman Jim Wood, City Clerk Ruth Fraser, Warren Harris and EMS Captain Budy were accompanied by Roy and Naomi Estaris,for the first official Sister City visit to Olongapo at which time the first-ever Sister City/Trade Office was christened within the Olongapo City Hall. In October that year, based on Ambassador Cuisia's requirements, the first Olongapo students arrived in Virginia Beach to exchange with Tallwood High School. This was the first-ever complete student exchange rotation between the Philippines and the United States; WHEREAS: The Filipino Community and City of Olongapo,having met the criteria to be twinned with Virginia Beach as a "Sister City", SCA VB requested the Virginia Beach City Council approve their request to Sister Cities International for a charter. On October 7, 2014, the City Council adopted the Resolution to authorize the formal relationship and request that SCI charter which was granted. The Charter ceremony was planned, and on July 6, 2015, Mayor Paulino and all Members of the Olongapo City Council were in Virginia Beach to witness the signing and celebrate. In November 2014, Mayor Sessoms visited Olongapo. While there,he dedicated the Sister City/Trade office as well as the "Anchor of Friendship". On November 30, 2015,Ambassador Cuisia,Senator Wagner,Delegate Villanueva, Mayor Paulino and his Mayoral Delegation visited Virginia Beach to attend the dedication of the "Anchor", to mirror the same symbol of"Friendship", at Kemps Landing, the original Filipino population area in Virginia Beach. This anchor was gifted to the City of Virginia Beach by the Mariners Museum in Newport News extending this relationship regionally. These signing dates were significant as they also coincided with the July Fourth and FilAm Friendship Day celebrations; WHEREAS: On February 16,2016,Olongapo Firefighters arrived in Virginia Beach to enroll in the six month Fire/EMS Academy for specialized training which will enable them to go home and begin training others to bolster Olongapo's ability to meet emergency and disaster situations. Much of the funding for this exchange training was made possible through a Grant from Rotary International through the Cape Henry and Olongapo Rotaries;and, WHEREAS: The first-ever in the United States port sister-relationship was signed by Agreement on March 5,2016,between the Virginia Port Authority and the Subic Bay Metropolitan Authority. This was SBM4 Chairman, Roberto Garcia's,first visit to Virginia. Many of his Directors accompanied him and acknowledged their search of other areas was ended when they met the officials of the Virginia Port Authority and learned many opportunities for future coordination were possible. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes Ambassador Cuisia for his foresight, seizing the many opportunities to bridge peace, security, economic ties, understanding education and cultural ties between the Philippines and the United States. He also mirrors the "People-to-People"program established sixty years ago by President Dwight Eisenhower in his masterminding of this relationship. Another similarity between the Ambassador and the President is that each of them was conferred the Grand Collar(Raja)and the Grand Cross(Data)of Sikatuna. Also, Ambassador Cuisia has been Grand Officer,Commander,Officer and Member. BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this Nineteenth Day of April, Two Thousand Sixteen to declare: AMBASSADOR JOSE CUISIA, JR. DAY and presents this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes of this meeting. ou man Be i,ven �� 9ii.' u 'At__ Port Counci(man4ep6ert Bo6"cDyer Counci Laadycgar6araFfen1¢y 4 lat t Cou ady 'nnon Rpne C Yman John cD.Moss ` CounciCLady i Amelia N.9epss- 414 Cman John E. U6rin �� W j CounciCLady Sep ry%Orson Cou James L.Wool • `Vice Mayor Louis i7Jones Mayori,thiiam a. n"Sessona,Jr. I. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 1113 Atlantic Avenue (deWitt Cottage) b. Café Franchises: Repeal Bourbon& Burgers Atlantic Avenue Sidestreet Café 202 22nd Street 204 Grill Atlantic Avenue Sidestreet Café 204 22nd Street Cancun Fiesta Atlantic Avenue Sidewalk Café 308 21st Street Giovanni's Atlantic Avenue Sidewalk Café 2006 Atlantic Avenue Lighthouse Boardwalk Café 1201 Atlantic Avenue North Beach Boardwalk Café 3900 Atlantic Avenue Yacht Club Boardwalk Café 2607 Atlantic Avenue Chix Boardwalk Café 701 Atlantic Avenue c. Open Air Markets on City-owned property: Old Beach Farmer's Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Art Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Green Market at 620 19th Street to be relocated to 600 Block of 18th Street ar* . )4. y f! PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed leasing of City-owned property on Tuesday, April 19, 2016 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following parcel: 1113 Atlantic Avenue, commonly known as the deWitt Cottage (GPIN:2427-25-5317) If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone numb i (7 385-5659. Ruth H reser,MMC City Clerk Beacon:AprI110,2016 M1 f. PUBLIC NOTICE The Virginia Beach City Council will hold a PUBUC HEARING at 6:00 P.M.on Tuesday,April 19,2016 in the City Council Chamber regarding the proposed cafe franchise agreements for city-owned property located at the following locations: 1. 202 22nD Street,to Moliar Liquid Assets 2, LLC t/a Repeal Bourbon & Burgers Atlantic Avenue Sidestreet Café 2. 204 22^^Street, to M & BOUHZAM,LTD t/a 204 Grill Atlantic Avenue Sidestreet Café 3. 308 21'Street,to ANSHI, Inc. t/a Cancun Fiesta Atlantic Avenue Sidewalk Café 4. 2006 Atlantic Avenue, to Giovanni's, Inc. Va Giovanni's Atlantic Avenue Sidewalk Café 5. 1201 Atlantic Avenue, to Blaster Fries, Inc. Va Lighthouse Boardwalk Café 6. 3900 Atlantic Avenue, to Aqua Investment Associates, LP Va North Beach Boardwalk Café 7. 2607 Atlantic Avenue,to Beachside,LC t/a Yacht Club Boardwalk Café 8. 701 Atlantic Avenue, to Chix Sea Grille,LLC t/a Chix Boardwalk Café The purpose of the Hearing will be to obtain public comment on the proposed franchise agreements on City property, A copy of the franchise agreements is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, SOP/Resort Management Office, by calling (757)385-4800. Ruth Hodges Fraser,MMC City Cle BEACON:April 17,2016 mark, Li) g. PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6.'00 P.M.on Tuesday,AprIl 19,2016 in the City Council Chamber regarding proposed franchise agreements for open air markets on City-owned property located at the following locations: 1. 620 19th Street, to Old Beach Farmer's Market 2. 620 19th Street, to Old Beach Art Market 3. 620 19th Street, to Eco Maniac , LLC t/a Old Beach Green Market The open air markets may be relocated in the future to the following locations on City-owned property: 1. 600 block of 18th Street- Old Beach Farmer's Market 2. 600 block of 18th Street- Old Beach Art Market 3. 600 block of 18th Street- Eco Maniac , LLC t/a Old Beach Green Market The purpose of the hearing will be to obtain public comment on the proposed use of City property. A copy of the franchise agreements is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, SGA/Resort Management Office, by calling (757)385-4800. Ruth Hodges Fraser,, /. CBEACON:APRIL 17,2016 J. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to study and make recommendations to City Council re rental of homes (EVENT HOMES) for events in residentially zoned neighborhoods 2. Ordinances to AMEND City Code: a. Section 23.22.1 re possessing an open container of alcohol in a public place b. Section 21-359 re Resort Permit Area Parking with adjustments to revenues c. Advertising/ Streets and Sidewalks: i. Sections 3-1 and 3-3 re on public streets, public rights-of-way or other Public Property: ii. ADD Section 3-6 re Motor Vehicle Signs iii. REPEAL Section 3-2 re Billboards iv. Section 33-113.1 re Subdivision Identification Signs v. ADD Sections 33-114.4.1 re Roadside Guide Signs and 33-114.4.2 re Public Art Sponsorship Signs vi. Section 10-1 re renaming the Polling Place for Lynnhaven Precinct 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Back Bay Wildfowl Guild, Inc. for City-owned property at 1113 Atlantic Avenue DISTRICT 6 - BEACH 4. Ordinances GRANTING Franchise Agreements: a. Open Air Cafés in the Resort Area: Repeal Bourbon & Burgers Atlantic Avenue Sidestreet Café 202 22nd Street Cancun Fiesta Atlantic Avenue Sidewalk Café 308 21st Street Giovanni's Atlantic Avenue Sidewalk Café 2006 Atlantic Avenue Lighthouse Boardwalk Café 1201 Atlantic Avenue North Beach Boardwalk Café 3900 Atlantic Avenue Yacht Club Boardwalk Café 2607 Atlantic Avenue Chix Boardwalk Café 701 Atlantic Avenue b. Open Markets in the public right-of-way: Old Beach Farmer's Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Art Market at 620 19th Street to be relocated to 600 Block of 18th Street Old Beach Green Market at 620 19th Street to be relocated to 600 Block of 18th Street 5. Ordinances to EXTEND the dates for satisfying conditions in the matters of closing: a. An unimproved right-of-way known as Scott Bend Lane b. Unimproved portions of: i. Singleton Way (formerly Princess Anne Road) ii. South Witchduck Road (formerly Kempsville Road) iii. Princess Anne Road (relocated) adjacent to the North, East and Southeast sides of Parcel "D" 6. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property: a. Lake Joyce back of 4449 Lee Avenue (pier and slope revetment) b. Lake Joyce back of 4453 Lee Avenue (boat ramp and slope revetment) 7. Ordinance to APPROPRIATE: a. $380,325 fund balance of the Federal and State Seized Asset Fund to the Police for equipment and software licenses b. $176,442 in State revenue and TRANSFER $132,342 from the General Contingencies to the General Registrar for the June Republican Primary Election 8. Ordinances to ACCEPT and APPROPRIATE: a. $844,447 from the National Oceanic and Atmospheric Administration to Citywide Sea Level Rise/Recurrent Flooding Analysis b. $53,965 from Virginia Department of Health, $19,877 from EMS training classes revenue and $36,460 from pre-payments for stand-by duty at special events to EMS re equipment and medical supplies 9. Ordinance to TRANSFER $400,000 from General Fund Neighborhood Dredging Reserves to Beach Replenishment and AUTHORIZE an emergency beach replenishment at Cape Henry Beach .� '' f° 11 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the Beaches and Waterways Commission to Study and Make its Recommendations to the City Council Concerning the Rental of Homes in Residentially-Zoned Neighborhoods for the Purpose of Holding Event Functions MEETING DATE: April 19, 2016 • Background: The City Council is considering whether to adopt new regulations concerning "event homes" (residential homes rented out for large-scale functions such as wedding, parties, etc.) The Staff has been meeting with Civic Leagues and receiving correspondence from interested parties in an effort to reach a compromise among the parties concerning new regulations that would be presented to the City Council; to date, however, no solution has been agreed upon by the interested parties. • Considerations: The Resolution authorizes and directs the Beaches and Waterways Commission to study and report its recommendations in the matter to the City Council by no later than 120 days from the adoption of the Resolution. It also requires the Commission to allow ample public comment on the issues, including at least one advertised public hearing. • Public Information: The Resolution will be advertised as a regular agenda item. The referral to the Beaches and Waterway Commission was discussed by the City Council during its April 12 workshop. • Recommendations: Adoption of Resolution • Attachments: Resolution Recommended Action: Adoption of Resolution Submitting Department/Agency: City Council City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 BEACHES AND WATERWAYS COMMISSION TO STUDY 3 AND MAKE ITS RECOMMENDATIONS TO THE CITY 4 COUNCIL CONCERNING THE RENTAL OF HOMES IN 5 RESIDENTIALLY-ZONED NEIGHBORHOODS FOR THE 6 PURPOSE OF HOLDING EVENT FUNCTIONS 7 8 9 WHEREAS, the City Council is considering whether to regulate the rental of 10 homes in residential neighborhoods for the purpose of holding large event functions 11 such as weddings, receptions, parties and similar activities, so as to protect such 12 neighborhoods from the adverse impacts of such event functions; and 13 WHEREAS, the City Staff heretofore has been engaged in meetings and 14 discussions with interested persons in an effort to determine an appropriate course of 15 action in this matter; and 16 WHEREAS, it is the sense of the City Council that it would also be beneficial for 17 an appointed body of the City to conduct a thorough study of this matter and to report its 18 recommendations to the City Council prior to final action being taken in this matter; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That the Beaches and Waterways Commission is hereby authorized and directed 22 to: 23 1. Conduct a thorough study of whether further regulation of the rental of homes 24 in residential neighborhoods for the purpose of holding large event functions 25 such as weddings, receptions, parties and similar activities is appropriate. 26 Such study shall allow for ample opportunity, including at least one public 27 hearing advertised in a newspaper having general circulation within the City, 28 for members of the general public to provide commentary and express their 29 views in the matter; and 30 2. Transmit its recommendations pertaining to the foregoing matter, in writing, to 31 the City Council by no later than one hundred twenty (120) days from the date 32 of adoption of this Resolution. 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 That the duties and responsibilities conferred upon the Beaches and Waterways 36 Commission pursuant to this Resolution shall be in addition to those set forth in Section 37 6-163 of the City Code. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 day of , 2016. CA-13729 R-1 April 13, 2016 APPROVED AS TO LEGAL SUFFICIENCY: 4ttlib)/( V V\it,ct,eal City Attorney's Office 2 - %Jo ` 4t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-22.1 of the City Code Pertaining to Possessing an Open Container of Alcohol in a Public Place MEETING DATE: April 19, 2016 • Background: Virginia Beach City Code § 23-22.1 prohibits drinking in public, in accordance with state law. The same City Code section also prohibits possessing an open container of alcohol in any public place. Virginia Code § 4.1-128 authorizes a locality to adopt an ordinance prohibiting the possession of open containers in "public parks, playgrounds, public streets, and any sidewalk adjoining any public street," but the state law does not authorize a blanket prohibition on possession in any public place. Additionally, state law requires certain mandatory exemptions to these prohibitions that are not currently part of the City Code section. • Considerations: Virginia Code § 4.1-128 provides that "all local acts, including charter provisions of cities and towns, inconsistent with any of the provisions of this title, are repealed to the extent of such inconsistency." This ordinance will amend the City Code section to make it consistent with state law. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department City Manage �J, 1 AN ORDINANCE TO AMEND SECTION 23- 2 22.1 OF THE CITY CODE PERTAINING TO 3 POSSESSING AN OPEN CONTAINER OF 4 ALCOHOL IN PUBLIC PLACE 5 6 SECTION AMENDED: § 23-22.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-22.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 14 Sec. 23-22.1. - Drinking alcoholic beverages, or tendering to another, in public 15 place. 16 17 (a) If any person shall take a drink of alcoholic beverage or shall tender a drink thereof 18 to another, whether accepted or not, - • - - - - ----- - • - • -- -= ° ° °- • 19 -e • _ .- _ _ - _• -_ . _ _ - __ - - . -, at or in any public 20 place, as defined by Code of Virginia Section 4.1-100, or possess any opened 21 alcoholic beverage containers in the local public parks, playgrounds, public streets, 22 or any sidewalk adjoining any public street - - - • • • - • = - - - -- -- •- 23 23 publ+s-place7 he shall be guilty of a Class 4 misdemeanor. 24 (b) It shall be unlawful and punishable as a Class 4 misdemeanor for any person to 25 consume an alcoholic beverage while driving a motor vehicle upon a public highway 26 of this city. A rebuttable presumption that the driver has consumed an alcoholic 27 beverage in violation of this section shall be created if (i) an open container is 28 located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in 29 the open container has been at least partially removed and (iii) the appearance, 30 conduct, odor of alcohol, speech or their physical characteristic of the driver of the 31 motor vehicle may be reasonably associated with the consumption of an alcoholic 32 beverage. 33 (c) This section shall not prevent any person from drinking or possessing alcoholic 34 beverages or offering a drink thereof to another in the dining room or other 35 - - -- -• •, - - - - - • - - - - - -, - - - - , - - - - , 36 club or boat, or in a dining car, club car, or buffet car of any train, or beer only within 37 - - - -- -- -- - - - - -- -- - - - - -- - _ - - • 38 - - - - - - -- - • -- - - -- - - - • - • - ' -- - •- = - - - • - - - • - = -- •, • • 39 -- - - - - - •• - - • - - - - - - - - -- -- - - - 40 - - -- - - - - - - • - - - - - • , - - - - - ' - - • - - - -- , • 41 - -- - - -- - - - -- - - - -- • - • - , - • - - - - - _ _ . .. - . , - - - -- - - - 42 hotel, restaurant, club, boat, dining car, club car, buffet caf;—ooliseum, stadium or 43 _ .. - - -" - - - - -- - - •• - . , _ _ - - - - - - - '-, • 44 - - - - - -- - -- - -, - - - - - -- - - - - - - 45 - - •, -- -- , - - -- -- -- - --, - - •- - - - -- - - 46 - - • - - - - - - -- - - - - - -- • '••- - - - -- - 1 1 47 ' • 48 - -- - .- - — •- - - - - — • -- ' - - - - - -' --=e ' - . any rooms or areas 49 approved by the Virginia Alcoholic Beverage Control Board in a licensed 50 establishment, provided such establishment or the person who operates the same 51 is licensed to sell alcoholic beverages at retail for on-premises consumption and the 52 alcoholic beverages drunk or offered were purchased therein. 53 This section also shall not prevent any person from drinking or possessing alcoholic 54 beverages or offering a drink thereof to another in any room or area approved by 55 the Virginia Alcoholic Beverage Control Board at an event for which a banquet 56 license or mixed beverage special events license has been granted. Nor shall this 57 section prevent, upon authorization of the licensee, any person from drinking or 58 possessing his own lawfully acquired alcoholic beverages or offering a drink thereof 59 to another in approved areas and locations at events for which a coliseum or 60 stadium license has been granted. 61 (d) In addition to the exceptions provided for in subsection (c), this section also shall 62 not apply to parking areas designated by the city manager or his designee for use 63 by persons attending a collegiate or professional sporting exhibition or event on the 64 day of such exhibition or event. The application process for such designation shall 65 be substantially similar to the process set forth for special events in City Code 66 section 4-1, and shall include input from public safety entities. No such designation 67 shall be valid unless the applicant has also obtained the required permit or permits 68 from the Virginia Alcoholic Beverage Control Board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Td/7�� oliI •ce Department City Attorne s Office CA13521 R-2 April 11, 2016 i I I h3A 8£;C7 isa� syhL.p1 rft FIS i;�4xr,yyyyx<w, �rb t}�+tiy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 21-359 of the City Code Regarding Parking Permits in the Resort Permit Area and to Make Related Adjustments to Revenues MEETING DATE: April 19, 2016 • Background: The Resort Permit Parking Program (RPPP) addresses parking in certain residential portions of the Resort Area. Section § 21-350 of the City Code provides the objectives of the RPPP: This Division is adopted in order to reduce nighttime traffic congestion in public streets within residential neighborhoods; to reduce hazardous traffic conditions during nighttime hours in residential neighborhoods caused by the use of such streets for vehicular parking by persons attempting to avoid the use of nearby city meter-regulated parking; to protect residents of such neighborhoods from unreasonable noise and disturbance during nighttime hours; to protect such residents from unreasonable burdens in gaining access to their residences; and to protect and preserve the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. The RPPP has two types of permits. There are permits for residents and permits for businesses. In the FY2016 Budget process, the City Code was amended for the business permits: annual permits became monthly permits; and the permit fee was changed from $25/year to $20/month. • Considerations: The attached ordinance delegates the function of setting the permit fee for the RPPP to the City Manager. This is consistent with the manner of setting rates for the hourly parking in the Resort Area. See City Code § 21-322(a). On April 7, 2016, the Resort Area Advisory Commission discussed the $20/month fee and recommended a reduction in the monthly fee. If adopted, the proposal under consideration is to reduce the monthly business parking permit fee from $20.00 to $10.00. The Department of Budget and Management Services anticipates the reduction in monthly permit fee will result in roughly $22,000 for the balance of the current fiscal year and $91,438 in FY2017. Because the change requires an adjustment of revenue, the ordinance directs the City Manager to make the appropriate adjustments to revenues and expenditures. • Public Information: Public information will be provided through the normal Council agenda process. This issue was discussed at the Resort Area Advisory Commission on April 7, 2016. • Attachments: Ordinance Requested by Councilmember Uhrin I i REQUESTED BY COUNCILMEMBER UHRIN 1 AN ORDINANCE TO AMEND SECTION 21-359 OF THE 2 CITY CODE REGARDING PARKING PERMITS IN THE 3 RESORT PERMIT AREA AND TO MAKE RELATED 4 ADJUSTMENTS TO REVENUES 5 6 SECTION AMENDED: § 21-359 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That Section 21-359 of the City Code is hereby amended and reordained, to read 12 as follows: 13 14 Sec. 21-359. - Fees. 15 16 Fees required under this Division shall be set in an amount to be determined by 17 the City Manager or his designee. as follows: 18 19 - - - - - - -- - - -• _ -- _ .. _ _ .. 20 issued for a single residence, and five dollars ($5.00) for each additional 21 22 per-year-per-residence, 23 24 (b) For a monthly business parking permit, twenty dollars ($20.00). 25 26 - - - - •• -- _ _ .. - _ •-• - - - - 1.11 27 28 (d) For an annual or replacement guest permit, two dollars ($2.00). No more 29 than two (2) annual guest permits shall be i-sued per year per residence. 30 31 (e) For a temporary guest permit, no fee. No more than ten (10) temporary 32 guest permits shall be issued per week per residence. The city's parking 33 systems management office may consider requests for more than ten (10) 34 temporary guest permits per week per residence on a case-by-case basis. 35 36 2. That the City Manager is directed to reduce revenues and expenditures in the 37 FY2015-16 Operating Budget to reflect a reduction in monthly business parking permit 38 fees from $20.00 to $10.00. 39 40 3. That the revenue projection for FY2016-17 reflect a reduction in monthly 41 business parking fees from $20.00 to $10.00. 42 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 44 day of , 2016. ,APPROV ` A TO LEGAL SUFFICIENCY: f •rney's Office CA13728/R-1/April 11, 2016 ��[ aym` y. ro ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Amend Sections 3-1 and 3-3 of the City Code Pertaining to Signs and Advertising Devices on Public Streets, Public Rights-of-way or Other Public Property, to Add a New Section 3-6, Pertaining to Motor Vehicle Signs, and to Repeal Section 3-2, Pertaining to Billboards An Ordinance to Amend Chapter 33 of the City Code by the Amendment of Section 33-113.1, Pertaining to Subdivision Identification Signs and the Addition of New Sections 33-114.4.1, Pertaining to Roadside Guide Signs, and 33-114.4.2, Pertaining to Public Art Sponsorship Signs MEETING DATE: April 19, 2016 • Background: These two (2) Ordinance amendments are necessitated by the U.S. Supreme Court case of Reed v. Town of Gilbert and the 2014 Attorney General Opinion regarding the inability of the City to regulate signs conveyed or towed by bicycles on public streets under the City Zoning Ordinance (CZO). Revisions have been made to remove content based considerations and the regulations governing motor-vehicle signs, roadside guide signs and public art sponsorship signs have been removed from the CZO and added to Chapter 3 and 33 of the City Code, for which the authority to enforce such regulations appears to be stronger. • Considerations: These amendments will bring the CZO and the City Code into compliance with the requirements of the Supreme Court case and the Attorney General Opinion. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the two (2) Ordinances. • Attachments: Ordinances (2) Recommended Action: Approval Submitting De• - - e- . , ••ency: Planning and Community Develop - ii ,4� City Manager. I i i 1 AN ORDINANCE TO AMEND SECTIONS 3-1 AND 3-3 OF THE 2 CITY CODE, PERTAINING TO SIGNS AND ADVERTISING 3 DEVICES ON PUBLIC STREETS, PUBLIC RIGHTS-OF-WAY OR 4 OTHER PUBLIC PROPERTY, TO ADD A NEW SECTION 3-6, 5 PERTAINING TO MOTOR VEHICLE SIGNS, AND TO REPEAL 6 SECTION 3-2, PERTAINING TO BILLBOARDS 7 8 Section Amended: City Code Sections 3-1 and 3-3 9 Section Added: City Code Section 3-6 10 Section Repealed: City Code Section 3-2 11 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 14 15 That Sections 3-1 and 3-3 of the City Code, pertaining to signs and advertising devices 16 on public streets, public rights-of-way or other public property, is hereby amended, Section 3- 17 6, pertaining to motor vehicle signs, is hereby added, and Section 3-2, pertaining to billboards, 18 is hereby repealed, to read as follows: 19 20 CHAPTER 3. ADVERTISING 21 22 ARTICLE I. IN GENERAL 23 24 Sec. 3-1. Definition of "bilibeard sign." 25 The word "billboard" "sign," as used in this chapter, shall mean a frame or structure 26 - - - - - - - - e - - e e e - e - e . ee ' - 27 other covering which shall display any advertising matter any structure, display, device or other 28 object or thing, visible from any public street or right-of-way, any area open to use by the 29 general public, or any navigable body of water, including, but not limited to, any word, letter, 30 series of words or letters, painting, mural, logo, insignia, emblem, service mark or other 31 graphic or pictorial representation, which that: (i) identifies or advertises, or directs or attracts 32 attention to, any product, merchandise, service, business or establishment, (ii) or which 33 suggests the identity or nature of any business or establishment, (iii) or which invites or 34 proposes a commercial transaction, or (iv) communicates a message of a noncommercial 35 nature. The term does not include architectural elements incorporated into the style or function 36 of a building, numerals signifying a property address, or names of buildings, dates of erection, 37 monumental citations, commemorative tablets and the like when carved into stone, concrete or 38 similar material or made of bronze, aluminum or other permanent type construction and made 39 an integral part of the structure. 40 I i 41 COMMENT 42 The section is amended so as to replace the definition of"billboard"with the definition of"sign," as 43 a billboard is simply a type of sign. The definition is identical to the definition in the City Zoning 44 Ordinance. 45 46 - . • . -•- • - - e -• - - . - - - - - - - ; - - •- . [RESERVED] 47 4849 -e - e e_ e: - - - • e - ee - - e - •- - - e - e e e _ _ •- 51 and the southern limits of the city, except a sign displayed for the identification of the 52 immediate premises. 53 54 COMMENT 55 56 The amendment repeals the section, which conflicts with the provisions of the Oceanfront Resort 57 District Form-Based Code and City Zoning Ordinances and is outdated. Billboards are prohibited in their 58 entirety, except for legally nonconforming billboards. 59 60 Sec. 3-3. Signs and other advertising devices in public rights-of-way. 61 62 (a) No person shall erect, place or maintain any sign, billboard or other advertising 63 device in, over or upon the any public street, public rights-of-way or other public property in the 64 city, except for the following signs: ; provided, however, that this provision shall not be 65 construed to apply to: official traffic-control, directional, special safety delineators, origin and 66 destination signs and signs approved by the city manger, in conformity with the standards 67 - - - • . - • - . - 68 69 (1) Signs of a noncommercial nature erected on public property by order of a 70 governmental officer in the performance of his official duties or required by 71 law, including, but not limited to, directional signs, regulatory signs, 72 warning signs, and informational signs; 73 74 (2) Signs permitted to encroach in, over or upon any public street, public right- 75 of-way or other public property pursuant to applicable provisions of Article 76 VI of Chapter 33; or 77 78 (3) Other signs expressly allowed to be located on public property by 79 ordinance or resolution of the City Council. 80 2 I i I I 81 (b) Any sign permitted by this section shall be subject to all applicable codes, 82 ordinances, standards, specifications and other requirements of law pertaining to such sign. 83 84 (b) (c) The enforcement of this section and the control of signs, billboards or other 85 advertising dcvi -es on the public rights of way shall be under the direction of the city manager, 86 e _ - - see• . . -• e - e - - - ee.. e - e •' .e -• 87 devices determined to be in violation of this section. tf, upon such an order, the sign, billboard 88 or other advertising device in question is not rem ved by the owner within a reasonable time, 89 -- . _ - - - e _ _.-e e- e ee_ - e - - _ , . . .- 90 in question and The city manager or his designee shall have the authority to remove and 91 discard any sign determined to be in violation of this section. In addition, a violation of any 92 provision of this section shall constitute an infraction punishable by a fine in the amount of One 93 Hundred Dollars (($100.00) for each day that a violation continues. 94 95 (c) A violation of any provision of this section shall constitute a Clad 1 96 misdemeanor. 97 98 COMMENT 99 100 The amendments to subsection(a) are technical in nature and do not significantly alter existing law. 101 The amendments to subsection (b) revise the provisions regarding enforcement of the section to streamline 102 the process of removing illegal signs in the public right-of-way and reduce the penalty for a violation from 103 a Class 1 misdemeanor (punishable by confinement in jail for not more than twelve months and a fine of 104 not more than $2,500, either or both) to an infraction punishable by a $100 fine for each day a violation 105 continues. Subsection (c) is repealed and its provisions incorporated, with the changes described above, 106 into subsection (b). 107 108 109 110 Sec. 3-6. Motor vehicle signs. 111 112 (a) Signs displayed on motor vehicles operated or parked on a public street or in 113 such location as to be visible from the main traveled way of a public street shall be permitted, 114 provided the following requirements are met: 115 116 (1) The motor vehicle is not partially or totally disassembled by the removal of 117 tires and wheels, the engine or other essential parts required for operation 118 of the vehicle; or 119 3 i I 120 (2) The motor vehicle displays valid license plates and a valid inspection 121 decal; 122 123 (3) The motor vehicle is not used solely for purposes of the display of 124 advertising; and 125 126 (4) No more than four (4) signs having a maximum combined area of two 127 hundred fifty (250) square feet shall be simultaneously displayed on a 128 motor vehicle, and no sign shall exceed ninety (90) square feet in area; 129 provided, however, that the provisions of this subdivision shall not apply to 130 buses, trolleys or other motor vehicles used primarily for purposes of 131 providing public transportation or to motor vehicles on which signs 132 exclusively advertise the business of the owner of the vehicle. 133 134 (b) No motor vehicle shall be driven on any street within a residential subdivision for 135 the purpose of displaying advertising, except as required by detour or upon order of a public 136 safety employee of the city or state. 137 138 (c) The following types of signs shall be prohibited while the motor vehicle on which 139 they are displayed is operated or parked on a public street or in such location as to be visible 140 from the main traveled way of a public street: 141 142 (1) Flashing, pulsating or blinking signs; 143 144 (2) Signs in which the message displayed changes more frequently than once 145 every four (4) seconds; 146 147 (3) Electronic changeable copy signs, including signs containing light emitting 148 diodes (LEDs), fiber optics, light bulbs or other illumination devices used 149 to change the advertising displayed by such signs; and 150 151 (4) Signs that project more than one (1) foot above the portion of the motor 152 vehicle to which they are affixed or that obscure the vision of the driver of 153 the motor vehicle or of other motorists. 154 155 (d) Violations of any of the provisions of this section shall constitute an 156 infraction punishable by a fine in the amount of One Hundred Dollars ($100.00). 157 158 (f) For purposes of this section: 159 4 160 (1) "Motor vehicle" shall be defined in accordance with section 46.2-100 of the 161 Code of Virginia or any successor statute, and shall also include any 162 trailer or other vehicle drawn by or affixed to a motor vehicle; 163 164 (2) "Owner" shall be defined as set forth in section 46.2-100 of the Code of 165 Virginia or any successor statute, and shall also include a lessee of a 166 motor vehicle under a written lease. 167 168 COMMENT 169 170 The section is essentially the same as Section 212.2 of the City Zoning Ordinance, which would be 171 repealed by a separate ordinance to be brought forward concurrently with this ordinance. Subsection (d) 172 of that ordinance,however,has not been retained in this section. That section read: 173 174 (d) Any sign greater than fifteen (15) square feet in area that is displayed on a 175 motor vehicle for purposes of advertising a business other than that of the owner of 176 the vehicle shall require an annual permit issued pursuant to the provisions of 177 section 210.1. The fees for such permits shall be in accordance with the provisions of 178 section 8-31(c)(13) of the City Code. 179 180 In addition, the penalty provision has been changed from the civil penalty prescribed for zoning 181 violations to an infraction carrying a$100.00 fine. 182 183 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 184 , 20 . 185 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI�NCY: 19". ()IAA nm • Amr.,.. . /Am/ '''.nning De•artment / City Attorney's Office CA-13485 R-4 April 6, 2016 5 1 AN ORDINANCE TO AMEND CHAPTER 33 OF THE CITY 2 CODE BY AMENDING SECTION 33-113.1, PERTAINING TO 3 SUBDIVISION IDENTIFICATION SIGNS, AND ADDING NEW 4 SECTIONS 33-114.4.1, PERTAINING TO ROADSIDE GUIDE 5 SIGNS, AND 33-114.4.2, PERTAINING TO PUBLIC ART 6 SPONSORSHIP SIGNS 7 8 Section Amended: City Code Section 33-113.1 9 10 Sections Added: City Code Sections 33-114.4.1 and 33-114.4.2 11 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Section 33-113.1, pertaining to subdivision identification signs, is hereby 17 amended, and new Sections 33-114.4.1, pertaining to roadside guide signs, and 33- 18 114.4.2, pertaining to public art sponsorship signs, are hereby added to Article VI of 19 Chapter 33 of the City Code, to read as follows: 20 21 CHAPTER 33. STREETS AND SIDEWALKS 22 23 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC 24 WAYS, PLACES OR PROPERTY. 25 26 27 28 Sec. 33-113.1. Encroachments by private underground utilities and subdivision 29 identification signs. 30 31 32 (a) The city council hereby authorizes the city manager or his designee; to 33 approve any encroachments into public streets, roads, alleys or other public rights-of- 34 way or other public property by private underground utilities and subdivision 35 identification signs, as defined herein, upon the following conditions, in addition to those 36 required by Section 33-113: 37 38 (1) If the encroachment consists of private water mains or private 39 gravity sanitary sewer laterals or force mains, the owner shall 1 40 comply with the provisions of Section 28-2 or 37-5 at such time as 41 public sanitary sewer or public water service becomes available to 42 the site being serviced by the encroachment; and 43 44 (2) Subdivision signs shall not be greater in area than thirty-two (32) 45 square feet per face, have more than two (2) faces, or exceed six 46 (6) feet in height above the natural grade at the curb. Landscaping 47 approved by the department of parks and recreation shall be 48 provided. No subdivision sign shall be located so as to constitute a 49 traffic or other hazard, and such signs shall not contain any 50 commercial advertising and shall conform to all applicable sign 51 regulations of the City Zoning Ordinance. 52 53 (b) Definitions. As used in this section, the following words shall have the 54 meanings respectively ascribed to them herein, except in those instances when the 55 context clearly indicates a different meaning: 56 57 (1) "Private underground utilities" shall mean any private gravity or 58 pressurized pipe for the conveyance of raw sewerage, water or 59 storm drainage, other than stormwater conveyance facilities 60 described in subdivision (iii) of Section 33-114.5, private irrigation 61 systems and underground conduit for wires and cables. 62 63 (2) "Subdivision identification sign" shall mean any permanent sign 64 identifying- located at the entrance to a residential subdivision, and 65 shall include the electrical components necessary to light the sign 66 and associated landscaping and irrigation around the sign. 67 68 (c) No application for an encroachment that does not comply with all of the 69 criteria set forth in this section shall be approved by the city manager or his designee; 70 provided, however, that upon denial of the application, the applicant may seek 71 authorization of the encroachment by making application in accordance with the 72 provisions of Section 33-113.02. 73 74 COMMENT 75 76 The amendment to this section eliminate a content-based definition of the term "subdivision 77 identification sign" and add that such signs shall not contain any commercial advertising and must 78 comply with all applicable signs regulations in the City Zoning Ordinance. 79 2 80 81 82 Sec. 33-114.4.1. Roadside guide signs. 83 Roadside guide signs located on City property may be permitted in accordance 84 with the following provisions: 85 86 (a) Signs shall be allowed only by resolution of the city council upon the 87 application of the owner or operator of a use or establishment operated exclusively for 88 cultural, literary, scientific or artistic purposes and on a not-for-profit basis, and only if 89 the city council, in its discretion, finds that the use or establishment: (1) is of outstanding 90 cultural, literary, scientific or artistic value to the City, its residents and visitors; and (2) 91 significantly contributes to the City's image as an attractive year-round destination and 92 desirable place to live; 93 94 (b) Applications for such signs, which shall include an application fee in the 95 amount of two hundred fifty dollars ($250.00), shall be made to the director of planning 96 on forms prescribed by him; 97 98 (c) No signs shall be larger than five (5) square feet in area or higher than 99 nine and one-half (9%) feet above ground level, and all such signs shall have a 100 minimum clearance from ground level to the bottom of the sign face of seven (7) feet; 101 102 (d) No use or establishment shall be the subject of more than three (3) 103 roadside guide signs; provided, however, that the city council may allow additional signs 104 if it finds that three (3) signs are insufficient to provide motorists with adequate guidance 105 to the use or establishment; 106 107 (e) The lettering, graphic elements and background shall be consistent with 108 the applicable standards for such signage; 109 110 (f) Signs shall be erected only in the specific locations approved by the city 111 council as necessary to provide route confirmation and continuity of guidance to the use 112 or establishment. The city manager or his designee may relocate a sign if necessary to 113 accommodate public signage requirements; and 114 115 (g) Signs shall be maintained in good condition at all times. Any sign not in 116 good condition shall be subject to removal and disposal by the city manager or his 117 designee. 118 3 119 (h) As used in this section, the term "roadside guide sign" shall mean a sign 120 intended to provide traffic directions concerning the location of a use or establishment 121 described in subsection (a). 122 123 COMMENT 124 125 The provisions of the section are similar to those currently contained in Section 212.2 of the 126 City Zoning Ordinance, except that (1) language restricting the allowed content of such signs has 127 been deleted from this version; (2) references to the Director of Public Works have been replaced 128 by references to the City Manager of his designee, thereby allowing the City Manager greater 129 flexibility in delegating the tasks set forth in this section; (3) a non-content based definition of the 130 term "roadside guide sign" has been added; and (4) the ordinance adds standards for approval of 131 such signs in subsection(a). 132 In essence,the section treats roadside guide signs as governmental speech,inasmuch as such 133 signs are intended to inform both resident and visiting motorists of the location of outstanding 134 cultural, literary, scientific or artistic venues that significantly enhance the image of the City of 135 Virginia Beach as a desirable place to live and visit, thereby providing considerable benefit to the 136 City. 137 As is currently the case, roadside guide signs would require approval by the City Council. 138 A separate ordinance containing the repeal of the current section on roadside guide signs in the 139 CZO is to be brought forward contemporaneously with this ordinance. 140 141 Sec. 33-114.4.2. Public art sponsorship signs. 142 143 (a) The city manager or his designee may permit signs in conjunction with 144 exhibitions of public art authorized by the city council and located on public property. 145 Such signs shall not be illuminated or larger than one (1) square foot in area, and no 146 more than one such sign per individual item of public art shall be permitted. 147 148 (b) As used in this section, "public art" shall mean works expressing creative 149 skill or imagination in a visual form, such as painting or sculpture, which are intended to 150 beautify or provide aesthetic influences to public areas or areas that are visible from 151 public areas. 152 153 COMMENT 154 The provisions of the section are largely taken from those in Section 211 of the CZO. The 155 language restricting the content of such signage has been deleted, however, and a limitation as to 4 I ' I 156 the number of signs allowed has been added. A definition of"public art"is also included.The CZO 157 provisions would be repealed by an ordinance to be brought forward concurrently with this 158 ordinance. 159 160 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 161 , 2016 162 163 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 164 165 166 ( 1/11 '1Am)/ 167 168 Deo rrttment • lannin C Attorney's Office 169 170 171 CA-13553 172 R-7 173 April 6, 2016 5 I I 1I,t, #2j V. Ai *i�L4v�w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Rename the Polling Place for the Lynnhaven Precinct MEETING DATE: April 19, 2016 • Background: The Voter Registrar periodically reviews the City's precincts and recommends changes or updates as needed. The polling location for the Lynnhaven Precinct has changed its name. The physical location has not changed. ■ Considerations: The Tidewater Area Christian Fellowship changed its name to Cape Henry Church. The attached ordinance updates the name of the polling place in City Code §10-1. • Public Information: This item will be advertised as part of the normal Council Agenda process. The voters in the Lynnhaven Precinct will be mailed new voter identification cards that reflect the change in the name of the polling location. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager: c40.....________ 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 LYNNHAVEN PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Discovery Church 29 Brandon Brandon Middle School 30 Brookwood Plaza Annex 31 Buckner Green Run Baptist Church 32 Cape Henry Research and Enlightenment Building (Edgar 33 Cayce Library) 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 Chimney Hill Congregation Beth Chaverim 38 College Park College Park Elementary School 39 Colonial Colonial Baptist Church 40 Colony Lynnhaven Colony Congregational Church 41 Corporate Landing Corporate Landing Middle School 42 Courthouse Courthouse Fire Station 43 Creeds Creeds Fire Station 44 Cromwell Salem United Methodist Church 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Kemps Landing/Old Donation School 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest Village Church Hilltop Freedom Fellowship 59 Church 60 Holland Holland Elementary School 61 Homestead Providence Presbyterian Church 62 Hunt Princess Anne Recreation Center 63 Independence Water's Edge Church 64 Indian Lakes Indian Lakes Elementary School 65 Indian River San Lorenzo Spiritual Center 66 Kings Grant St. Nicholas Catholic Church 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Covenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown Landstown Community Church 72 Larkspur St. Andrews United Methodist Church 73 Lexington Larkspur Middle School 74 Linkhorn Virginia Beach Community Chapel 75 Little Neck Lynnhaven United Methodist Church 76 London Bridge London Bridge Baptist Church 77 Lynnhaven Tidewater Area Christian Fellowship 78 Cape Henry Church 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana Scott Memorial United Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 94 Point O'View Kempsville Church of Christ 95 Red Wing Fraternal Order of Police, Lodge #8 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 99 100 Rudee Virginia Beach Volunteer Rescue Squad 101 Building 102 Seatack Mount Olive Baptist Church 103 Shannon Church of the Ascension 104 Shelburne Christopher Farms Elementary School 105 Shell Unity Church of Tidewater 106 Shelton Park Shelton Park Elementary 107 Sherry Park St. Matthews Catholic Church 108 Sigma Red Mill Elementary School 109 South Beach Contemporary Art Center of Virginia 110 Stratford Chase Community United Methodist Church 111 Strawbridge Strawbridge Elementary School 112 Tallwood Tallwood Elementary School 113 Thalia Thalia Elementary School 114 Thoroughgood Independence Middle School 115 Timberlake White Oaks Elementary School 116 Trantwood Virginia Beach Christian Church 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter Agriculture/Voter Registrar Building 123 Precinct 124 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :ter Regis rar Cipi ey s Office CA13725 R-1 April 8, 2016 UeeM Qui CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five Years With Back Bay Wildfowl Guild, Inc. for City-Owned Property Located at 1113 Atlantic Avenue, Virginia Beach MEETING DATE: April 19, 2016 • Background: The City of Virginia Beach (the "City") acquired the property located at 1113 Atlantic Avenue, Virginia Beach, Virginia (GPIN: 2427-25-5317) (the "Premises") commonly known as the deWitt Cottage (the "Cottage") in 1995 from the Virginia Beach Foundation. The City has been leasing the Premises to Back Bay Wildfowl Guild, Inc. ("Back Bay") since October 2000. The current lease term expired October 22, 2015. Back Bay has continued to operate in the Premises and desires to enter into a new lease for an additional five-year period. • Considerations: Both the City and Back Bay are dedicated to preserving the historic nature of the Cottage and operating the Cottage in a manner that complements the City's historic culture. Activities conducted by Back Bay at the Premises include wildfowl exhibits and related special events, receptions and meetings, operation of a gift shop and the exhibition of furnishings and other items which are intended to preserve the historic nature of the Cottage. This lease would be for a term of five years commencing on October 23, 2015 and expiring October 22, 2020. The City would have a right to terminate with 60 days' notice in the event the City needs the Premises prior to the termination of the lease. • Public Information: Advertisement of Public Hearing in The Virginian-Pilot Advertisement of City Council Agenda • Alternatives: Approve Lease, change conditions of the Lease, or deny leasing of the Premises. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management p � City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BACK BAY WILDFOWL GUILD, INC. 4 FOR CITY-OWNED PROPERTY LOCATED AT 1113 5 ATLANTIC AVENUE, VIRGINIA BEACH 6 7 WHEREAS, the City of Virginia Beach (the "City") acquired the property located 8 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Property") from 9 the Virginia Beach Foundation on September 28, 1995; 10 11 WHEREAS, the City has been leasing the Property to the Back Bay Wildfowl 12 Guild ("Back Bay") since October 2000; 13 14 WHEREAS, the current lease term expired on October 22, 2015; 15 16 WHEREAS, Back Bay has continued to operate in the Property and desires to 17 enter into a new formal lease agreement with the City for the Property; 18 19 WHEREAS, City staff has determined that it is in the best interest of the City, its 20 citizens and its visitors that Back Bay continue to use the Property consistent with the 21 City's mission to preserve the historic nature of the Property; and 22 23 WHEREAS, the Property would be utilized for purposes which complement the 24 general level of culture of the City of Virginia Beach, including wildfowl exhibits and 25 related special events, meetings and receptions, operation of a gift shop, and exhibiting 26 furnishings and other items which are intended to preserve the historic nature of the 27 Property. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for up to 5 years 33 between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in accordance 34 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and 35 such other terms, conditions or modifications as may be acceptable to the City Manager 36 and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 39 , 2016. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 4/2.60-4;711 134-y 6.,2A1 1� S City Attorney Public Works/Facilities anagement I i I i CA13480 R-1 March 31, 2016 111 SUMMARY OF TERMS Lease of City-owned Property located at 1113 Atlantic Avenue, Virginia Beach, known as the deWitt Cottage LESSOR: City of Virginia Beach LESSEE: Back Bay Wildfowl Guild, Inc. PREMISES: 1113 Atlantic Avenue, Virginia Beach, Virginia (GPIN: 2427-25-5317) TERM: October 23, 2015 — October 22, 2020 RENT: $1.00 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for operation and activities that preserve the historic nature of the deWitt Cottage and in a manner that complements the City's historic culture. • The Premises must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Provide daily housekeeping services. • Purchase commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks and landscaping. • Provide minimal weekly housekeeping services • Provide payment for all utility costs and fees as they pertain to electricity, heating, fuel, water, sewer and solid waste collection. • Retain the right to enter the Premises at any time for emergency repairs. TERMINATION: City may terminate the Lease by giving sixty (60) days' advance written notice. i Ott)of Virginia Beach APPLICANT'S NAM Ear., _ j,\ i_LII II,"Mc.. 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. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: I II ON of Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. I �, J (A) List the Applicant's name: 1QG - t W i Id , C�`'t"'`t i ' C - If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 3--6Tt v‘..t.tevaA44, act pec wl e k 14e, uattivie. 5a,r144a,0) 12011 Ca,r(scvt, (-der( 06(64) Cfct,rk wtavkc(i'1D i2ocj C&rlso-v i EId ,er ►3r�aiFl will(aw. Wald. i ( ( '61e- Hevil , j c v�nie Ckt'Wye_ 1 Kv.e rvier Set b J) Crept-hai Clnt to rens (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N1/1}- See next page for information pertaining to footnotes' and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: 0(4.42.. be V kTA4 1 a_ gLa-C.1-... If an LLC, list the member's names: Page 2 of 5 43 1C.Ft of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 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) 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 anv 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 (1ty of Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of your tax return ❑ d Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ,LTJ( purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ [� Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 (}Iy of Virginia Beach 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 Ap,q.l-itation. A;P ANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 , I it W Q WN 4' a Lim C Q — 1 �r +T t J v _ , s:. y = y i t r � 1 1 f i e ` 1 tr. y ' _ � \_' Om Xy _______-\ .r, .I t • J J ., • rte. ,s _ — �� N j - __ - _ _ __- ___ : r ------- - P t�C,l M� s+ 1 r'' y ,, _ _ y pso a i rta%,,, 14:t ' `;%' :';'‘ - iS:t . J : iy�eJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Seven Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: April 19, 2016 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following seven entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, for operation of an Atlantic Avenue sidestreet café; (2) ANSHI Inc., t/a Cancun Fiesta Café, for operation of an Atlantic Avenue sidewalk café; (3) Giovanni's, Inc., t/a Giovanni's, for operation of an Atlantic Avenue sidewalk café; (4) Blaster Fries, Inc., t/a Lighthouse Café, for operation of a boardwalk café; (5) Aqua Investment Associates, LP, t/a North Beach Café, for operation of a boardwalk café; (6) Beachside, LC, t/a Yacht Club, for operation of a boardwalk café; (7) Chix Sea Grille, LLC, t/a Chix Café, for operation of a boardwalk café. • Public Information: A public notice was published in The Beacon on April 17, 2016. • Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance Submitting Dep. , e . •ency: Strategic Growth Area Office At• City Manager: -,� � C -� �i -ived / f ( Wt � B@3Cj1 Inia 6 APR 052016 /%) /c&t - DISCLOSURE STATEMENT FORM 0,„ The completion and submission of this form is required for all app .��• � :;, 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, 4-, SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ffCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two f2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(si. Di APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE _� _ REVISIONS SUBMITTED DATE: 044 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) 'w V f+1.64 1-11 Cr A l T iA tr f�tY (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 01A- See next page for information pertaining to footnotes and 2 efrSECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E3' 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) NI-A1`41-4 C (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. �b lQ n S04* Virginia'Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two (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 DAME: 13 — REVISIONS SUBMITTED DA I E: I • iti ach 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) Giokhgou kA ( giovvelNoti I C ,S 1Peveos ftS, S-6ci ,e /e o$ rectf; (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 119 C' See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. gCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) A-r-t— ; sCC (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. I uar Virginia 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 1E( Accounting and/or preparer of your tax return dArchitect/ Landscape Architect/ Land Planner pcContract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers 2c, Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 [D/ Construction Contractors Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. awi - Virginia Beach Financing (include current ® it, mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services iReal Estate Brokers / Agents for CIcurrent and anticipated future sales of the subject property 4 1► 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 herei► '• wee s prior to the Planning Commission, Council, VBDA meeting, or me.- i► •/of an public body or committee in connection with this Application. -O J a s .3.1 .1116 TPLIICANT'S SIGNATURE PRINT NAME TE 36M`- q i5 'OCA, ,Aui ,�, 4 . . ,ld ( E ; ,- ---0frit) &POOS 5l4 PRO ERTY fr NER S S GNATURE 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. ` t e s /n G Loir/A2MaBeach 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. 4 0 SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. VCheck 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). E APPLICANT NOTIFIED OF HEARING DATF: ❑ NO CHANGES AS OF DA l F: EI REVISIONS SUBMITTED DA IL aftif vi gi ie teach 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) J / JR14 . (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Ei Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) rd-c) 1-4571 I:Warn/54g" 5-tihur,4t2 1 64,v( .* c_ . (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. 1 tgiriia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 12( 0 Accounting and/or preparer of L, your tax return Q Architect/ Landscape Architect/ Land Planner ❑ ay Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Q Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. .ftt Virginia Beach Financing (include current ❑ mortgage holders and lenders selected or being considered to p vide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Agents for ❑ current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes 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, 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. APPLICANT'S S E �i P INT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II � x //� e c 4 . k $ �.=a:.#V /. C i r �, .r rt < I 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 (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or I 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). Li APPLICANT NOTIFIED OF HEARING DATT: NO CHANGES AS OF DA1 E: _l— REVISIONS SUBMITTED DAIL: 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) 04.v . . -r cc t il S L.•P • e_ 64-t-&a..4 rsk) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Co k trik t_ t}•o s Q th is o Lin 'T E_s, '-[—'— See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [eCheck 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) PcC4,UV\ lNvr-s-N-rikE-NT tc5C cC-t)r T 1 L . a cA.eel 144) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Co?5'Yck- Nc1/4-O SP tTh,-k.1`i MS o C-tttS ) L..L C- 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. ' i I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code § 2.2.3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) a ❑ Accounting and/or preparer of Mt p�r11�-tPi 4oP c4 TS your tax return tr.,AKK QL`- ❑ Er Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 © the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 © Construction Contractors ❑ Q Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I $ z- - - Financing (include current rmAlt\iktk 16 } © ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) p Ripe k F.41 rNw 134-, Es w. ci 0 Legal Services , &..w •�• C&V,I�g j Q,L Real Estate Brokers /Agents for 0 IM current and anticipated future 1 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 cl an interest in the subject land or any proposed development D 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? j 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 . - is body or committee in connection with this Application. Now P., i,lkl Adilt ICS 5 111-4111/11."S A VA'. , .. i.. 5. obs A'PLICANT'S• NATURE PRINT NAME DATE r--�...J �P4, ,- • -' -S :al , 5 _`{ . tDM( 7p. . (M 111)14PR ERN OW ER's SIGNATURE PRINT NAME DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law, — • AQUA INVESTMENT ASSOCIATES,L.P. Holiday Inn & Suites/North Beach 12/31/2014 % Interest 1) 3900 Oceanfront Investment Associates, Inc. 1.0 2) Aqua, G.P. 29.50 3) Aqua Ventures 20.0 484 Viking Drive, Suite 105 Virginia Beach, VA 23452 4) Riparian Investment Associates, L.P. 49.50 TOTAL 100% prtnrshp-aia.tl I I i iii DISCLOSURE STATE NT 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 (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board)_ Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 e SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE I ❑ NO CHANGES AS OF DATI: �� REVISIONS SUBMITTED i]Al t: other unincorporated organization, AND THEN, complete the follow (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach listifnecessary) srcAotattt LC. (s. o� e.rL4 vis�1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) CONS W L- owe 1T�L 1'T fr -4 1 -S See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different fromAnplicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1:01 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) %.E A CKS ME r 1�C < s� ` 0.c0 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) �ol�s'nkt_ \koSQlTikt_r `1 ?+Ssoat Tt.C4 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. I 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. "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 1 PROVIDER(use additional sheets if needed)_ ( 0 Accounting and/or preparer of c C Pk.ktu-kts , bewa-ls your tax return pi.-tc*- Q<-t 0 !_.! Architect/Landscape Architect/ Land Plattner Contract Purchaser(if other than [� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed dpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) [V Construction Contractors 0 Er Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Financing (include current fR \Cr ck p ❑ mortgage holders and lenders GvtMt��r;ee Q.� ` E S. - selected or being considered to provide financing for acquisition C•-ei kms` qqQ taN1w;‘,14 ty ,542„o or construction of the property) NoWPoL1co th X510 121 0 Legal Services Rehrf E• t-vrwuAvlj � Es +t.dlvlFtcs.A.:.‘ e_*_'[ QC, rziEl current Estate Brokers /Agents for current and anticipated future sales of the subject property t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ LUJr..,/ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin• of any • blic body or committee in connection with this Application. ttiEn�� €, ANthf.E. T[•4i: L s• us-toJS • 3 •§14�701Ic APPLICANT'S S TURE PRINT NAME _ DATE OEN • E MMnIttGO- L `tKo 1M �, 1r y 0 NS i•0. • 114-11a.(1. PROPERTY OW R'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. BEACHSIDE, L.C. Holiday Inn Express 2/12/2016 % Interest Class A Member Beachside 1.0 Thomas J. Lyons, Jr. 37.0 043-32-9054 1121 Wye Lane Virginia Beach, VA 23451 Class B Member Avamere Corporation 20.0 54-1646507 do Skip Smith 1040 Spottswood Avenue, Unit 205 Norfolk, VA 23507 Class C Members Thomas J. Lyons, Jr. 8.0 043-32-9054 1121 Wye Lane Virginia Beach, VA 23451 Thomas J. Lyons, Jr. 2.0 043-32-9054 1121 Wye Lane Virginia Beach, VA 23451 (formerly Dave Johnson) Timothy J. Stiffler 1.0 151-58-0946 1300 East Bayshore Drive Virginia Beach, VA 23451 David Young 20.0 226-46-7133 4000 Arrowhead Point Court Virginia Beach, VA 23455 II R. Benning Farmer 2.0 224-51-8438 1500 N. Sea Breeze Trail Virginia Beach, VA 23452 Class D Member Powell Joyner 2.0 228-60-8139 832 Quail Point Cove Virginia Beach, VA 23454 Class E Members Timothy J. Stiffler 2.0 151-58-0946 1300 East Bayshore Drive Virginia Beach, VA 23451 James R. Day 2.0 173-42-3234 725 Small Drive Elizabeth City,NC 27909 John Fay 1.0 225-74-7941 1340 Brant Road Virginia Beach, VA 23451 Joan Lyons 230-88-7636 1121 Wye Lane Virginia Beach, VA 23451 2.0 100% prtsushp-blc-rev Cy,, a. 6611 - LL C VD 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 Street Closure Appropriateness Franchise Agreement (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board a--.— The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. . [Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY /All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATF. 0 NO CHANGES AS OF DA.l E: ❑ REVISIONS SUBMITTED CA IL: I 1 . 11 Viii e y Virginia Beach other unincorporated organization, AND complete the following. the names of all officers, directors, (A) List the Applicant's name followed by members, trustees, partners, etc. below: (Attach list if necessary) Mat-1 c,_d, S\'a,(,6,ri that have a parent-subsidiary 1 or affiliated business entity 2 (B) List the businesses 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 onl i ,ro,ert owner is di I erent rom A. ,licant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E17- OPERTY OWNER IS a corporation, partnership, firm, Check here if the PRted organization, AND TNEN= complete the business, or other unincorpora 9 s following. Owner's name followed by the names of all officers, directors, (A) List the Property h list if necessary) members, trustees, partners, etc. below: (Att' /, (---/-/`C._1 G t lac .i f C�C�O� /�I (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Page 2 of 4 The disclosures contained in this fora'oare necessary toewhether ainform they have al'conflict officials who may vote on the apple of interest under Virginia law. 11 7CL/3 Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than idiary relationship, that exists when (i) one business entity has a controlling ownership interest in the sother 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 an business o.eratin• or to be o.erated on the Pro.ert . 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 ❑ [21 Architect/ Landscape Architect/ Land Planner • Contract Purchaser (if other than C [9. the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 0EZIpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ 12S1 Construction Contractors ❑ 1 x1 Engineers/Surveyors The disclosures contained in this form are necessary to inform public Pae 3 of 4 officials who may vote on the application as to whether they have a conflict g of interest under Virginia law. us ,_____ Virginia Beach Financing (include current ❑ P mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Ein 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 1ILLJ 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 iinn connection with this Application. ,` APPL`ICANT'S SIGNATItR -,, , 7/1' PRINT NAME \..J DATE J.,- /. r / /y�i2l� g1�Zje PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of iwterest under Virginia law. 1 I I i I ,-,0"'"'"c+, �4 a Z U �,�N noR Ski CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Three Franchise Agreements for Open Markets in the Public Right-of-Way MEETING DATE: April 19, 2016 • Background: City Council adopted an ordinance on June 25, 2013 granting three franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. (trading as Old Beach Green Market) and Old Beach Art Market to operate open air markets in the public right-of-way in the 600 block of 19th Street ("Premises"). The franchise agreements had a term of one year, with the option for two additional one-year extensions. Old Beach Farmers Market, Eco Maniac Company, Inc. and Old Beach Art Market (collectively, "Franchisees") operated open air markets in the public right-of-way from 2013 until 2016. • Considerations: The Franchisees recently requested to continue using the public right-of-way for open air markets for an additional one-year period with the option for two one- year extensions. The term of the proposed franchise agreements will be one year, commencing on June 1, 2016 and ending at midnight on May 31, 2017, on each Saturday during the months of June 2016, July 2016, August 2016, September 2016, October 2016 and May 2017, with certain specified Saturdays excluded because of special events in the Resort Area. The franchise agreements authorize the Franchisees to operate on the Premises on the third Saturday of each month during the months of November 2016, December 2016, January 2017, February 2017, March 2017 and April 2017. The franchise agreements may be renewed for two additional one-year periods, upon the mutual written agreement of the City and the Franchisees. Additionally, the franchise agreements authorize the City, at its sole discretion at any time during the term of the franchise agreements, to relocate the open air markets to the 600 block of 18th Street. The City is required to give the Franchisees 10-days advance notice of the relocation. The excluded dates listed in the franchise agreements may no longer be applicable if the markets are relocated to 18th Street. This provision was added to the franchise agreements because City staff is considering relocating the markets to the 600 block of 18th Street, rather than 19th Street, to reduce traffic around 19th Street at the Virginia Beach Convention Center. • Public Information: A public notice was published in The Beacon on April 17, 2016. • Attachments: Ordinance, Disclosure Forms, Summary of Terms Recommended Action: Adopt Ordinance Submitting P m- i Depa Agency: SGA Resort Management Office A 9 City Manager: . i I 1 AN ORDINANCE GRANTING THREE 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS IN THE PUBLIC RIGHT-OF-WAY 4 5 WHEREAS, City Council adopted an ordinance on June 25, 2013 granting three 6 franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. 7 (trading as Old Beach Green Market) and Old Beach Art Market to operate open air 8 markets in the public right-of-way in the 600 block of 19th Street; and 9 10 WHEREAS, the franchise agreements had a term of one year, with the option for 11 two additional one-year extensions; and 12 13 WHEREAS, Old Beach Farmers Market, Eco Maniac Company, Inc., and Old 14 Beach Art Market (collectively, "Franchisees") operated open air markets in the public 15 right-of-way from 2013 until 2016; and 16 17 WHEREAS, the Franchisees recently requested to continue using the public 18 right-of-way for open air markets for an additional one-year period with the option for 19 two one-year extensions; and 20 21 WHEREAS, the term of the proposed franchise agreements will be one year, 22 commencing on June 1, 2016 and ending at midnight on May 31, 2017, on each 23 Saturday during the months of June 2016, July 2016, August 2016, September 2016, 24 October 2016 and May 2017, with certain specified Saturdays excluded because of 25 special events in the Resort Area; and 26 27 WHEREAS, the franchise agreements also authorize the Franchisees to operate 28 on the Premises on the third Saturday of each month during the months of November 29 2016, December 2016, January 2017, February 2017, March 2017 and April 2017; and 30 31 WHEREAS, the franchise agreements may be renewed for two additional one- 32 year periods, upon the mutual written agreement of the City and the Franchisees; and 33 34 WHEREAS, the franchise agreements authorize the City, at its sole discretion at 35 any time during the term of the franchise agreements, to relocate the open air markets 36 to the 600 block of 18th Street; and 37 38 WHEREAS, the City is required to give the Franchisees 10-days advance notice 39 of the relocation; and 40 41 WHEREAS, this provision was added to the franchise agreements because City 42 staff is considering relocating the markets to the 600 block of 18th Street to reduce traffic 43 around 19th Street at the Virginia Beach Convention Center. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH: 47 I I 48 1. That the City Council hereby authorizes the grant of three franchise agreements 49 for open markets in the public right-of-way for Old Beach Farmers Market, Eco 50 Maniac Company, Inc., and Old Beach Art Market. 51 52 2. That the City Manager, or designee, is hereby authorized to execute Franchise 53 Agreements for open air markets with Old Beach Farmers Market, Eco Maniac 54 Company, Inc. and Old Beach Art Market in accordance with the attached 55 Summary of Terms and such other terms and conditions deemed necessary and 56 sufficient by the City Manager and in a form approved by the City Attorney. 57 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Offi6e CA13717 R-3 April 7, 2016 Summary of Terms Franchise Agreements for Open Markets in the Public Right-of-Way Franchisees: (1) Old Beach Farmers Market; (2) Eco Maniac Company, Inc., trading as Old Beach Green Market; and (3) Old Beach Art Market. Nature of Franchise: Operate open markets in the public right-of-way on 19th Street. Term: June 1, 2016 through May 31, 2017, with the option for 2 one-year renewals. Franchisees are authorized to operate on each Saturday during the months of June 2016, July 2016, August 2016, September 2016, October 2016 and May 2017, except for the following Saturdays: 1. Saturday, June 18, 2016 2. Saturday, September 3, 2016 3. Saturday, October 29, 2016 4. Saturday, May 6, 2017 5. Saturday, May 13, 2017 6. Saturday, May 20, 2017 Franchisees are authorized to operate on the third Saturday of each month during the months of November 2016, December 2016, January 2017, February 2017, March 2017 and April 2017. City's Right to Relocate: The City has the right, at its sole discretion, to relocate the markets to the 600 block of 18th Street at any time during the Term of the Agreement. City will provide 10-days notice to Franchisees. City will notify Franchisees if exclusion dates noted in franchises apply to 18th Street location. Franchise Fee: $100 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchisees shall pay all costs associated with street closures, including, but not limited to, equipment and personnel costs. c. Franchisee shall submit a traffic control plan, including locations of detour signs and barricades, for the City to review and approve. Streets shall be closed by Franchisee using Type III barricades, as defined in the Manual of Uniform Traffic Control Devices. Franchisee shall provide all Type III barricades. Franchisee shall supply proof that it has obtained the proper number of Type III barricades needed to comply with the terms of this franchise. Type III barricades shall extend completely across the street and its shoulders or from curb to curb. Where access is provided through the Type III barricade, Franchisee shall be responsible for ensuring proper closure of the barricade. d. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel or certified traffic monitors, as required. e. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. f. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. g. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. i :4,44U3' Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, .commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request . Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement • Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law 4 • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). l ❑ APPLICANT NOTIFIED OF HEARING DATE' 0 NO CHANGES AS OF DATE: a REVISIONS SUBMITTED , DATE: I 1 I 1 XB i 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) 1)041r4.401- 13-3;ie.4 . 6,,ti. kU1 f j p,s,J.J , �� ,,,,. J '1 s‘'�Iiionc.l 1i►714140:1not It✓t Ma I /�f`/ Ci,c c; - 614w(oes-t OAr ✓41 oceo, o-t'i dt- �vic c• Tht'^ !J / (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Cis 1Gii\A std- stn, rl d DJ,.Pr..-,,,z.-5 11404(2,4— See next page for Information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) c-{ 161t'.-0k %,. C; 4.4..u.po- t- ..--- ick; to -car-S (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship' {with theProperty Owner: (Attach list if necessary) ^S 0 LeAV1 kr."LA, Qta>12.e-k1-f-S 1b ZO S S� -_ — (f).4 L rr OS' (.1 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. , 1/3 Y t Beach i 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act,Va. Code§ 2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (U) 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 i SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoollcation or any business operating or to be opefajed on the Property. If the answer to any item Is YES, please identify the firm or individual providing the service: YES NO r SERVICE - I PROVIDER(u�`dditional sheets if 1 J ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ the Applicant)- Identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors O ❑ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • at Financing (include current ❑ mortgage holders and lenders selected or being considered to provide flnandng for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers I Agents for 0 current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFiCiAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or eting df y publi b or committee in2 i n vii is,Ap.lication. 404. /4; r APPL f GNATURE 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. Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page l of 4 it f _ .11 iii: I it I I I 4\13, 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) /— /Liu(\ (JL) �c1�1- - /fir es �c�� .t "r2y #1N4J i7c4 yt._vrL - re 7-0/1_(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. RTh Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) ervy1,144.,e-'66td'‘e (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N) \ 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. t 'd„, 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 ? F needed) Q i Accounting and/or preparer of your tax return El Architect / Landscape Architect/ Land Planner Contract Purchaser(If other than 5a the Applicant) - Identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) [s Construction Contractors El Ey Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Virginia Beach Financing (include current C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 14 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 n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I //l/1149-2 Y -4/t) 77;yL-011_ /s/, APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I 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 ❑ 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 dlcclnsv -s must b, pdated two i )weeks prix:to any Page 1 of 4 1-1am inG Commission and City Coiuned mee tlnu that oo idl , In the 030I'Catlod(`!. ❑ APPLICANT NOTIFIED OF HEARING DATE ❑ NO CHANGES AS OF DATE O REVISIONS SUBMITTED DATE- 1 1 I 11 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) at'i'sfit) - r/ -_ a�►I (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) _.k.-. CO flailicAC Cor► + OnyLL C 6-co Nktiictc, Cofkr,-,y, i tt c 1 /A- 0 lot ge,c1, 6yer, 147„-/x.„-i- 1 See next page for information pertaining to footnotes and 2 SECTION 2 1 PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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. i li M3I 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) I I -Fty Accounting and/or preparer of your tax return I Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than /4 D the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed E purchaser of the subject property )4 (identify purchaser(s) and purchaser's service providers) 0 .,,K Construction Contractors El Engineers /Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I II Virginia Beach Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers / Agents for El 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 n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? - -. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin• of any .lic body or committee in connection with this Application. ari\5-4141--jr7;,a/7/ APPLICANT'` IG NATURE PRINT NAME ISA PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I Ku eei'i *‘ (ro �st CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 4,500 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Scott Bend Lane MEETING DATE: April 19, 2016 • Background: On April 21, 2015, by Ordinance ORD-3404B, City Council approved the request by Timothy J. Costen (the "Applicant") to close an unimproved 4,500 sq. ft. portion of Scott Bend Lane. • Considerations: There were four(4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void. II The Applicant has submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On March 23, 2016, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3404B. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. ?Yr"-"" Submitting Dep. r is e• + - 'ency: Planning Departme City Manager: a 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 4,500 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS SCOTT BEND LANE 6 7 WHEREAS, on April 21, 2015, the Council of the City of Virginia Beach acted 8 upon the application of Timothy J. Costen (the "Applicant"), for the closure of an 9 unimproved 4,500 sq. ft. portion of Scott Bend Lane; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3404B) to close the 12 aforesaid right-of-way, subject to certain conditions being met on or before April 20, 13 2016_and 14 15 WHEREAS, on March 23, 2016, the Applicant requested an extension of time to 16 satisfy the conditions to the aforesaid street closure action. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 That the date for meeting conditions of closure as stated in the Ordinance 22 adopted on April 21, 2015 (ORD-3404B), upon application of Timothy J. Costen, is 23 extended to April 20, 2017. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 26 of , 2016. 27 28 GPIN: Right-of-way/ No GPIN assigned 29 Adjacent to GPINs: 2417-06-6362 and 2417-06-6462 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: �. u/mI 'PP! .rte City Attorney Planning •epartment CA13598 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 April 8, 2016 , I it EXHIBIT A , F NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA Of PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECRECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN (TWIN: M.B 27, 73) 1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 22 I 23 I 24 CIGPIN 2417 06 8310 OC.1 20061129001778250 IM.B. 27, PG. 73 yr0wwL S 0730'00' W AAZEV �' PE(F) 75.70' 72' f' AREA Old PROPOSED STREE4,500 SO CLOSURE 1- 4f / 0.103 ACREC.LF. ��,� � � (omens) I 20 s. 19 GPIN 2417 06 6462 ) ii/g GPIN 2 17 06 6362 3 GPM 2417 06 8310 DOC./ 2010022300017154co,...,,, ^ °' S Q � DOC./ 20061129001778250 M.H. 121. PG. 53 g W woof/ M.B. 27, PG. 73 a /'s Demi n x. `` 101/u — F.11 1.1/2-S7Y. ri_ Cj y 24 FR. x CO .// IH go . , k1 ce z AGO• qq aG ,SibC, 35%0' 5 PA1I( N 0730'00' Et N 0730'00" E 75.70' • AN4A(F) AN au N. OCEANA BOULEVARD (FORAERLYMSTL ) (M.B. 27, PG. 73) (80' R/W) ��LTH O. D off 45 tel r STREET CLOSURE EXHIBIT ,. , OF A 30 FT. RIGHT-OF-WAY No. 002334 ADJACENT TO j ,/L- --- LOT 20 AND 25.70' OF LOT PROPERTY OF KENNETH CRUISER ND SU LOCATED IN OCEANA GARDENS (M.B. 29, PG. 64) Ella , (M.B. 27, PG. 73) iiia (M.B. 20, PG. 33) f /` ,-. ; VIRGINIA MACH, VIRGINIAE.....,,,FOR Digi : ■i.'i TIMOTHY J. COSTEN Survey ." • Services 0, 3 ' a' ' LAND SURVEYINGs, 44BATTLEFI � 111111141111 sU1E EMI MKMSOAPEACEV. (057)421-7754 (FA30441-7745 SCALE : 1%130' ' DATE : DECEMBER 22, 2014 1 DWG. BY : HTB ' PROJ. #0135514 C:\SNRMMORKVeSC/CCEANA E%MMA% II 4 rµw,a 'zaa!! 35a r aT y4h r n i, w S,c. 4•?,'x €F'V.¢zj x. ".' _ �'"+.cc„y.:h ... Sym YYMWW � �.~..-�,.k-,,.w.s+wly+'!M1rrfi'wa'xKL�.ti�CRAF1 1yt . APPLICANT'S NAME_ %Pt‘0k4. 3-. Caste-1/4N- 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 Franchise Agreement Street Closure (Historic Review Board) g 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). p, APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Check here if the APPLICANT IS NOT a corporation, pa , business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 1l r`Ac) _ _ C-ab4r-r. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 • • 3' 3 .5' ;1R�* .�.. *eigb'ry w .a�.' 'ir} `'�'``��` ,^ t x `� � .a �'MYf,, • a .,� �, a _!� �r »"''�;�" .<a_Ks-�. ; Cela Sas t _ If a Corporation, list the names ofall officers, directors, members, trustees, 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) 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 — --_- i i Y , . + 4.!'"' 'i f }'�Na'•� `9i4.f+`i�X"H��ryyJp � 14' w.., PROVIDER 0 rr is if YES NO SERVICE ne ••_ p; Accounting and/or preparer of il your tax return ii( Architect/Landscape Architect/ Land Planner 0_ leContract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 0 Ed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Plajr 0 Engineers/Surveyors/Agents U) Q L /'"Financing (include current mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) Fr QLegal Services Sige5 filo Ai-e,- 4 Real Estate Brokers / Ea Agents/Realtors for current and Z anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan 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? Page 4 of 5 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. s kw" Cos-T s4.1 41116 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 i i [ ,0:1:,z.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Portion of Singleton Way (Formerly Princess Anne Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne Road (Relocated) Adjacent to the North, East, and Southeast Sides of the Parcel Identified as GPIN: 1466-78-3845 (PARCEL "D") MEETING DATE: April 19, 2016 • Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the City of Virignia Beach (the "Applicant") altered the alignment of each of these roadways, and the intersection was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection, is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The City shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. On April 21, 2015, the Applicant applied for and was granted an extension of time to satisfy the conditions to April 22, 2016 (Ordinance ORD-3404C). The Applicant is now requesting additional time to satisfy the conditions. Staff concludes that the request for one additional year to satisfy the conditions is reasonable. The proposed sale of the adjacent site includes the proposed right-of-way area to be closed. The sale is still pending and the contract purchaser asked for and was granted additional time to perform its due diligence (Ordinance ORD-3430D), thus necessitating this extension. • Recommendations: Allow an extension of one year for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval SiFt."----4 Submitting Department/Agency: Planning DepartmeIc .).,.._____ City Manager: 'I 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21, 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; and 25 26 WHEREAS, the Applicant has requested an additional one year extension 27 of time to satisfy the conditions attached to the aforesaid street closure action; 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 30 Virginia Beach, Virginia: 31 32 That the date for meeting conditions of closure as stated in the Ordinance 33 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 34 is extended to April 22, 2017. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 37 of , 2016. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1466-78-3845 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: V E- . mo. 411p.,4 . mit Aft Ci y At •rney .nning D-•artment CA135• \\vbgov.com\DFSI Wpplications\CitylawProd\cycom32\Wpdocs\D010\p024\00273220.DOC R-1 April 8, 2016 I- EXHIBIT A I NOTES: AREA OF PROPOSED STREET CLOSURE 1D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT (28,095 SQ. FT, 0.645 AiC.) OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (F�R,rjz ti VAR PROPERTY. A-88.85' vA/.B PRjN R/jy R=772.50' •fO, p 4`.. 5•44 ti 1V� £=6',3524" '11.57"20.p3�aCI �16 r 34.40)Y I S 0722'22" :5-67.411:11:27141:5: P 3 J 4):11 :II 1 r f R� 9.85' Rp° 'o g wr,N '46.47' .4.0. `S 1¢ ��4��Ncri r S 835'3•8" 4' 11. ?O�d_ 101.83' S 8230'20"N A-98.88' _ 80.07' .1.4.1.1#: 1111�1v�. �� R=725.00 ;1:4,c.5 � � � . ° =r4s'S2� N o z A=36.79 ��1111�►1�. �' PARCEL 'E' N F 2 R=s73.7o' !� ry EMMANUEL PROTESTANT 4,Z °-�07 40" A=38.08' .k 11 EPISCOPAL CHURCH As m R=32.00', " P 11 (% J .M u.'v. OF KEMPSVILLE °=6811'22" �" 22 ' 11"° a 1466-78-0931 A=37.66 DUSTING 11� c, '` R=75.00 �� R/W LINE (0 1 .. y '\ A =28"46.03" 3;\ _ Co �, 1j-ilip - �, ,^N. O 'LC) 0 3 � NDN _hilt O M ` • 4', 4 Q• C.--1 u- 3 mom.^, � fp\ 1... =st. 4\ , 'e 0. 171 c`3 I PIPA4 --*---' t& �. ,��ii1 51 N 4020'28" E 6.99' � E k$ 7.20' " -N •71 12•x, V\ N 40'20'8" E 18.97' 7 S 152133 W I'L . 42.36' 1.62 W 69 '32.�%,'►� A=38.15' A=104.39' 105.78' S I7'' R-8Z50' R=1122.50' 87.50 0 =5'19'43" N 8048.6"�` ° 4J' A=6.43' PRINCESS AAPE ROAD (RELOCATED) - VAR R/W N N 49'39;32" W 4.00' S 40'20'28" W 31.26' (/NST 20090519000553070)(INST 20091019001219680) A=45.15' , (INST 20100203000113230)(INST 20100409000329350) R-43.50' AREA OF PROPOSED STREET CLOSURE D-2 (INST 20100507000436780)(M.B. 114, P. 21) ° =5977'51" (1,931 SQ. FT., 0.044 AC.) E-= STREET CLOSURE EXED1T SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 AC.)_ PORTION OF SINGLETON WAY Al,T 7=_ _ (FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCIC ROAD (ETE 190) AND A _- 1.931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELocATED) AND S. WITCHDUCIC ROAD (RTE 19o) (PSC B QHT-0I-WATI)(IINST No 20130315000906320) Architecture VIRGINIA BEACH, VIRGINIA Exclusively for 041 M15i WA SE 8 MIOM Y11 SCALE: 1" = 100' CITYOF VIRGINIA BEACH 04 FEBRUARY, 2014 1 CAD/eblc TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: JN:213-0160 �•[ (4 , 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Joyce Located Behind 4449 Lee Avenue MEETING DATE: April 19, 2016 ■ Background: Bishard Homes, LLC, a Virginia limited liability company, has requested permission to maintain an existing 10.8' x 27.4' wooden pier and existing broken concrete slope revetment (collectively, the "Temporary Encroachments"), within the City's property known as Lake Joyce located at the rear of 4449 Lee Avenue. The exhibit to the attached encroachment agreement provides the locations and details of the Temporary Encroachments. • Considerations: City Staff has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are similar encroachments in the Lake Joyce area, which is where Bishard Homes, LLC has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with encroachments onto City property, the requested Temporary Encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed Temporary Encroachments. The applicant has not as of this date submitted a plan for establishing a 15-foot- wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. Such plan shall be required prior to final execution of the encroachment agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures , Location Map and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Departme ency: Public Works/Real Estate )31) fa IlkCity Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 LAKE JOYCE LOCATED BEHIND 4449 LEE 7 AVENUE 8 9 WHEREAS, Bishard Homes, LLC, a Virginia limited liability company, 10 desires to maintain an existing 10.8' x 27.4' wooden pier and broken concrete slope 11 revetment within the City's property known as Lake Joyce located at the rear of 4449 Lee 12 Avenue (the "Temporary Encroachments"); 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bishard Homes, LLC, a Virginia 23 limited liability company, its heirs, assigns and successors in title are authorized to maintain 24 an existing 10.8' x 27.4' wooden pier and an existing broken concrete slope revetment in 25 the City's property as shown on the map entitled: "EXHIBIT 'A' OF ENCROACHMENTS 26 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1- 27 A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT 28 RECORDED IN INSTRUMENT NUMBER 20160318000226320 IN THE CLERK'S OFFICE 29 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA 30 BEACH, VIRGINIA EXCLUSIVELY FOR BISHARD HOMES, LLC", a copy of which is 31 attached hereto as Exhibit "A" dated October 29, 2015, and on file in the Department of 32 Public Works and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 35 expressly subject to those terms, conditions and criteria contained in the agreement 36 between the City of Virginia Beach and Bishard Homes, LLC (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement upon approval of 15-foot-wide 43 vegetated riparian buffer plan by the Department of Planning/Environmental Management 44 Center. Such plan shall be required prior to final execution of the encroachment 45 Agreement; and 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Bishard Homes, LLC and the City Manager or his authorized designee 48 execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2016. CA-13474 R-1 PREPARED: 04/08/16 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: iid . i I . 1, 1 OfflfrAi i i i ' BLIC ORKS, R AL ESTATE CITY A ORNEY 2 F -1 , ,LTH O/' LAKE JOYCE ��',� 'r• _ PROPERTY OF CITY � EXC ! M OF VIRGINIA BEACH ''IS M. FO - 1570-80-2438 BOATONC R4MP U Lie. No. 2878` - (D.B. 1018, P. 154) qtS le, PROP 10' X 20' \c0 S, RNWOODEN PIER tr, BROKEN CONCRETE/ • 32.6 4 SLOPE REVETMENT EX WOOD op• 111.9f 16.6' 1 P/ER . '9 zb 1.1•6; _ 27.4' �1�' Z9 0 9.5'.0PRJ o w �. 23.1' 72. 23 c:, —S 15.9' R cc � ' — 1—A 1�. 141, A 66. . LOT N w 141 Z LOT ^ 1570-70-4646 W 2 3A I � Lu co y 1570-70-5625 I N ,3 o h0ick °d i � o w— o W "��ll N c IOTA �w N o' o 2 N/F * R o cb a o Q` STANLEY D. COOK, JR. _ I ^ a _ Z TAMMI L. COOK c� I cl, 04 1570-70-5684 0 ,� (INST 20140207000109770) (INST 200504080052120) :.°g' 22.50' (------ 90.00' S 7420'3.3" E 112.50' // LEE AVENUE_ 1I - — - N 50' R/W N - ,4 L t (M.B. 8, P. 82) LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1 SITE DESIGN OF MAPPING ENCROACHMENTS ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT RECORDED IN INSTRUMENT No. 20180318000228320 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA Foam VIRGINIA BEACH, VIRGINIA 2981 RIDDICK LANE Exclusive For VIRGINIA fin 757.615 1675 BISHARD HO S, LLC foxkndeurvey.com 757.815.1675 DRW/chk: TMF VIRGINIA BEACH, VA I F.B. P. 129 OCTOBER, 2015 I JN: 015-025 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this,-j1 day of \\\%41‘,C..SEN. , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BISHARD HOMES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 3-A, Chesapeake Shores"; as shown on that certain plat entitled: "RESUBDIVISION OF LOT 1, LOT 2 A PART OF LOT 3, AND A CLOSED 12 1/2' STRIP OF AN UNNAMED STREET BLOCK 5, AMENDED MAP OF CHESAPEAKE SHORES (M.B.8, P.82)", prepared by Fox Land Surveying said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160318000226320, and being further designated, known, and described as 4449 Lee Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing 10.8' x 27.4' wooden pier and an existing broken concrete slope revetment along the shore line collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining theTemporary Encroachment it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce the "Encroachment Area"; and GPIN: 1570-80-2438; CITY PROPERTY- LAKE JOYCE GPIN: 1570-70-5625 -4449 Lee Avenue I II WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' OF ENCROACHMENTS ONTO LAKE JOYCE, PROPERTYOF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT RECORDEDINSTRUMENT NUMBER 20160318000226320 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, VIRGINIA BEACH, VIRGINIA, EXCLUSIVELY FOR BISHARD HOMES, LLC," a copy of which is attached hereto as Exhibit "A" dated October 29, 2015 and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. The Grantee shall indemnify, hold harmless, and defend the City from and against any claims that the Temporary Encroachment is a use of property other than a public or municipal use. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of native trees, shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for 3 inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Bishard Homes, LLC. has caused this Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Bishard Homes, LLC., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Bishard Homes, L.L.C., A Virginia Limited Liability Company BY: Bishard Development Corporation A V' inia Corporation diet;By: �.c�,u•1.1/ teven W. Bishard, President STATE OF CITY/COUNTY OF Idyl la- b '.Guc1 to-wit: S4- The foregoing instrument was acknowledged before me this D i day of rnUvcln , 2016, by Bishard Homes, L.L.C., on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Bishard Homes, L.L.C., a Virginia limited liability. L-4/10 311Ai ► (SEAL) Notary Public Notary Registration Number: , -SlacaSS– MELOME MCHUGH ublic My Commission Expires: & 31 1 20 i 1 Cone of Virginia Zig (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM &LC:13AN M,1 ) . SIGNATURE DA ` . 'AR I. YER, SENIOR CITY ATTORNEY -q12 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 F —1 „win Op LAKE JOYCE ,,,is PROPERTY OF CITY A 0 OF V/RG/N14 BEACH EX CONC ek ' A IIS M. FO ►-+ 1570-80-2438 BOAT RAMP Lic. No. 287: a (D.B. 1018, P. 154) o ei ` O� PROP 10' X 20' 1�. S, R WOODEN PIEROP ° BROKEN CONCRETE/ 32.6 SLOPE REVETMENT EX WOOD 00•/ 16.6' PIER . 92 1 Z'i 4 27.4' All' '� ° y9'5%,404 ' w 1 23.1' 472. 23 n R �raInt 15.9' TZ) gibi t (- .zk om'' — Nip A556. ' LOT ' W 1-A W LOT . 1570-70-464& Q -� 3-A I � W � 2 c0 y 1570-70-5625 I N CO ,3 13 3 J ct nQ L o0 N Io aW / 2pW NmLOT A Ny Z o Z 2 NSF � jiTd Q.o o) R. STANLEY D. COOK, JR. — 1 ^ a _ & TAMMI L. COOK 4 5 I 1570-70-5684 c. 1$ 7 (INST 20140207000109770) (INST 200504080052120) rTh 00' 22.50' 90.00' S7420'33" E 112.50' , // �i `;, xi LEE AVENUE= II _ - - - 50' R/W N — ,/, ,/ , (M.B. 8, P. 82) LAND SURVEYING SCALE: 1' = 40' EXHIBIT 'A' SHEET 1 OF 1 SITE DESIGN OF MAPPING ENCROACHMENTS 1 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT RECORDED IN INSTRUMENT No. 20160318000226320 IN THE CLERK'S ISX OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA wow VIRGINIA BEACH, VIRGINIA 2981 RIDDICK LANE Exclustvely For /� VIRGINIA BEACHm7615.16 23456 B�� HO S, LLC toxbndawveycom X57.815.1575 DRW/ohk: TMF VIRGINIA BEACH, VA 1 F.B. P. 1 29 OCTOBER, 2015 I JN: 015-025 i 1111 I 11 { I , 4 w .. "ice IS , 'v : , r No '.. ..i J in• ,� 02)E O a • ? r -i H CO '� ` � Y" a .. ,; I - ;, VI � Q M .1ii, I ---,. 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J ,fit-- '.---„,*•••4-„-i •-i Y sot‘�iIF a `fir „,..` y� �w SY R V!p1Y �,� • �w. -yx ,v0.;!"-•,,,.':: i " .„II. ♦ I i3; �'Y� t s X^$ a Sin` „ ; l4f Y , ' .:: 5 13 clry cJ Virginia Beach APPLICANT'S NAME 12).13k4-0 nu/)_r DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DAl t O REVISIONS SUBMITTED DATE: II \113 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.nn11__ (A) List the Applicant's name:__12L� PM9- Oovi If an LLC, list all m ber�'s ames: 5tevevn tshae ohn 1 t5vtctt/j r The be If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) AIM (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) AIM See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: 141t If an LLC, list the member's names: Page 2 of 5 City of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 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) NM' 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 I IIMBOt Virginia Beach 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 ❑ ,I y,J( purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/ Agents VAC Lava, 5%re u-et� 1 Financing (include current �JJ ❑ mortgage holders and lenders ('( p es'c selected or being considered to Ak provide financing for acquisition or construction of the property) [� ❑ Legal Services I^lato Q, ?iir'kur jrL ('v Estate Brokers / ❑ dReal Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ad 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? /41/Pt Page 4 of 5 Nik3 cay of Virginia Beach 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 Appli tion. ,51-eve t/1 i e,M,l�.e7 .51.34/1, 1 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 I,, W 'n 1 N _ o CO W Q LL O ' I O Ii J N oN i Z. CL u \., Q W LU (n M) 6 Lu \ Z ..2,11-1 H UJ ►� W Z Cr 0 i _ O Q 2 F— Q � 021� o J < LU X O - 5 J i. U W U Ce O � Q QZ o LL J 0 ccn C a N 4J 0 U m O ❑ w r, p 0 0 Ira+ , 2 CO -1 [111 III o Oa)x J � N to ' , E .13-' "- 11111111 W N iti � U J ' O d Z.� � N OC o u L Ln. r ; W fil)' 4. W W m -0 .- 3 �� n 0 7 v maiJ u c �w y t fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Joyce behind 4453 Lee Avenue MEETING DATE: April 19, 2016 • Background: Bishard Homes, LLC, a Virginia limited liability company, has requested permission to maintain an existing 10.0' by 24.0' concrete boat ramp, existing broken concrete slope revetment along the shore line and construct and maintain a proposed 10' by 20' wooden pier (collectively, the "Temporary Encroachments"), within the City's property known as Lake Joyce located at the rear of 4453 Lee Avenue. The exhibit to the attached encroachment agreement provides the locations and details of the Temporary Encroachments. • Considerations: City Staff has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are similar encroachments in the Lake Joyce area, which is where Bishard Homes, LLC has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with encroachments onto City property, the requested Temporary Encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed Temporary Encroachments. The applicant has not as of this date submitted a plan for establishing a 15-foot- wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. Such plan shall be required prior to final execution of the encroachment agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures Location Map and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate PAD City Manager. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 LAKE JOYCE LOCATED BEHIND 4453 LEE 7 AVENUE 8 9 WHEREAS, Bishard Homes, LLC, a Virginia limited liability company, 10 desires to construct and maintain an existing 10.0' by 24.0' concrete boat ramp, and 11 broken concrete slope revetment along the shore line , and construct and maintain a 12 proposed 10' x 20'wooden pier within the City's property, known as Lake Joyce located at 13 the rear of 4453 Lee Avenue (collectively, "Temporary Encroachments"); 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bishard Homes, LLC, a Virginia 24 limited liability company, its heirs, assigns and successors in title are authorized to maintain 25 an existing 10.0' by 24.0' concrete boat ramp, existing broken concrete slope revetment 26 along the shore line , and to construct and maintain a proposed 10' x 20' wooden pier in 27 the City's property as shown on the map entitled: "EXHIBIT "A" OF ENCROACHMENTS 28 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1- 29 A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT 30 RECORDED IN INSTRUMENT NUMBER 20160318000226320 IN THE CLERK'S OFFICE 31 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA 32 BEACH VIRGINIA EXCLUSIVELY FOR BISHARD HOMES, LLC", a copy of which is 33 attached hereto as Exhibit " A" dated October 29, 2015, and on file in the Department of 34 Public Works and to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and Bishard Homes, LLC, (the "Agreement"), an 39 unexecuted copy of which has been presented to the Council in its agenda, and will be 40 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement upon approval of 15-foot-wide 1 45 vegetated riparian buffer plan by the Department of Planning/Environmental Management 46 Center. Such plan shall be required prior to final execution of the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as Bishard Homes, LLC and the City Manager or his authorized designee 50 execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2016. CA-13473 R-1 PREPARED: 4/8/16 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0144 PU:LIC /*RKS, REAL ESTATE Y T•RNEY 2 F 7 ,LTH Op, LAKE JOYCE ,�. PROPERTY OF CITY 4- M�� OF /RG/N1.4 BEACH EX CONC ' A 'I S M. FO to-4 1570-80-2438 BOAT RAMP U Lic. No. 847: (0.8. 1018, P. 154) qts PROP 10' X 20' ��S, .RI,,e WOODEN PIER BROKEN CONCRETE/ 32.6 SLOPE REVETMENT EX WOOD o'3.400# #464 16.6' P/ER • g2 cw 11.6; 9.5s � 274' � i1' 2g P1 ° 3t' X2. 23 i 0R�rawig 15.9' w — 1-A \ A 66' " LOT N h, alk L. Z LOT 1570-70-4646 .4. Z 3-A I � Wco y / , 1570-70-5625 1 N N 1 D / v o WV 3 fP ILOTA 4NNIFSTANLEY D. COOK, JR. _ I ^ _ Z & TAMMI L. COOK ' 1 1570-70-5684 $ . (INST 20140207000109770) (INST 200504080052120) =. 00,' 22.501Th 90.00' �� S 7420'33" E 112.50' �� ..4) ---- --7. AVENUE= - - - 50 R/W N — ,G LG , (M.B. 8, P. 82) LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1 SITE DESIGN OF ENCROACHMENTS MAPPING 9,1 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1—A AND LOT 3—A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES 6 PLAT RECORDED IN INSTRUMENT No. 20180318000226320 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA-_) EtellerillneX VIRGINIA BEACH, VIRGINIA 2981 RIDOfCK LANE Exclusively For VIRGINIAvey. BEACH 7 615.15A. 5 5 SISHARD HC S, LLC foxhndeutveycam 757.815.1675 DRW/chk: TMF VIRGINIA BEACH, VA 1 F.B. P. 1 29 OCTOBER, 2015 1 JN: 015-025 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) MTHIS AGREEMENT, made this` \ day of '\ , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BISHARD HOMES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 1-A, Chesapeake Shores"; as shown on that certain plat entitled: "RESUBDIVISION OF LOT 1, LOT 2 A PART OF LOT 3, AND A CLOSED 12 '/2' STRIP OF AN UNNAMED STREET BLOCK 5, AMENDED MAP OF CHESAPEAKE SHORES (M.B.8, P.82)", prepared by Fox Land Surveying said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160318000226320, and being further designated, known, and described as 4453 Lee Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain a 10.0' by 24.0' existing concrete boat ramp, existing broken concrete slope revetment along the shore line and construct and maintain a proposed 10' by 20' wooden pier collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438; CITY PROPERTY -LAKE JOYCE GPIN: 1570-70-4646; 4453 Lee Avenue WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' OF ENCROACHMENTS ONTO LAKE JOYCE PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT RECORDED IN INSTRUMENT NUMBER 20160318000226320 THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, VIRGINIA BEACH, VIRGINIA, EXCLUSIVELY FOR BISHARD HOMES, LLC," a copy of which is attached hereto as Exhibit "A" dated October 29, 2016 and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. The Grantee shall indemnify, hold harmless, and defend the City from and against any claims that the Temporary Encroachment is a use of property other than a public or municipal use. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall 3 consist of a mulched planting bed and contain a mixture of native trees, shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Bishard Homes, LLC. has caused this Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Bishard Homes, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 i I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Bishard Homes, L.L.C., A Virginia Limited Liability Company BY: Bishard Development Corporatio► A Vir•inia e •• ation ' BY: Ade L �i 1111 / Steven W. Bishard, President STATE OF `/ CITY/COUNTY OF Yirg,nic_Btack , to-wit: The foregoing instrument was acknowledged before me this 3 1 s- day of (X\Gitc& , 2016, by Bishard Homes, LLC., on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Bishard Homes, L.L.C., a Virginia limited liability. 1YLL4JLP 0141-0/L (SEAL) Notary Public Notary Registration Number: .S(25 My Commission Expires: Oyu ;1" 3), 01011 "ELONIE MCHUGM ubk Commonwealth of Virginia Commission 31, 31,2017 (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM YO3c aSSO\J-k SIGNATURE IA - . HARMEYER SENIOR CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 F 7 ,LTH Oj LAKE JOYCE ,rr PROPERTY OF CITY AO OF V/RG/NP1 BEACH EX CONC ' •SIS M. FO t� 1570-80-2438 BOAT RAMP U Lic. No. 287; a (D.B. 1018, P. 154) c2 t14Ae PROP 10' X 20' 4tt\C)S3 S, R� WOODEN P/ER ° BROKEN CONCRETE 32.6SLOPE REVETMENT EX WOOD Oo• 16.6' PIER • g2 0 9.5'40E;1.1.b: 27.4'P,11.' Oy• I ° o .1 0 `flto 23.1' 92. 23 1 � R� c) 0 15.9' cc alk, w - VW A6. 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'',:- . - I ' - -or"""tr-T4,:••' I IA' 4"11rillt• CD ‘n • -•.' 4,-,•*:. : :. 00• , • nt . w CL s. . • . - . . V V . V . . . , . . , ..... , 0- , .. _....... , . : . • -.''- ' Woo Virginia Beach APPLICANT'S NAME_ sit�y 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 • 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. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATF El NO CHANGES AS OF DPMI E • REVISIONS SUBMITTED GAIL: NABCIty Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ll '' (A) List the Applicant's name:___exa_ 21IA.f�/ R If a LLC, list all em is names: tarn p i`�a e t- JQ i 3 lh 11 a j Theev w► 2 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/4 (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 \B`ity Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) H!4 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) V//I 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 ly of Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ �� Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ❑ Engineers / Surveyors/ Agents PDX ( "nk 5ElrjQ,ti ,, Financing (include current 12( ❑ mortgage holders and lenders selected or being considered to t(,onsPitc.tv provide financing for acquisition or construction of the property) 1E( ❑ Legal Services 0.deT eVri G- Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 e 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? tt// Page 4 of 5 Wry Virginia Beach 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 App ication. YSIN\ IN +bit.nv a3 5oAPPL • SIGNATURE PRINT NAME D �TE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 W I , il o rcn w 0 L. 0 0 / a / a = J o C'1 CWWW viI 05 Z F 22 ti zWzwo , < \ � a � o2 n o o U QW = 0 ' g J VLJV Z_u J 117 s - Q o Ca C1 \ ill( U , .„ c o El 0 w a O 1 0 a = o LRS co CD CD O � :f D 0 P- O ! f U o RS7 O Q M I > E N Q ww J GJ Q li C ++ Q O W J A L,, ) COtj CU 0 O OO CD-'---- ' L it N n O og. w n. W 7 �� .,.:, . ... c V a �o En in f�J u 7 f ro )))) t� IT., �Lyyv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Federal and State Seized Asset Fund Balance for Police Equipment and Software Licenses MEETING DATE: April 19, 2016 • Background: The Police Department requests the use of $380,325 from the fund balance of the Federal and State Seized Asset Fund to purchase the following priority equipment and software licenses that have not been funded through the operating budget: • Replacement of approximately 143 electronic control devices ($230,000) • Purchase of 6 Heavy Protective Vests ($19,500) • Purchase of 4 Protective Fire/Chemical Suits ($10,000) • Purchase of an Enclosed Storage Trailer ($5,000) • Replacement/Upgrade of Forensic Examination Tools ($20,475) • Three-year license for cell phone analytics ($10,350) • Replace security camera systems in two police facilities ($85,000) • Considerations: There is sufficient fund balance in the Federal and State Seized Asset 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: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departme' • gency: Police Department 6,z,2/.,. r7i.), i City Manager. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE FEDERAL AND STATE SEIZED ASSET FUND FOR 3 POLICE EQUIPMENT AND SOFTWARE LICENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $380,325 is hereby appropriated from the fund balance of the Federal and 9 State Seized Asset Fund, with specific Fund Reserves increased accordingly, to the FY 10 2015-16 Police Department Operating Budget to purchase priority equipment and software 11 licenses. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day 14 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: d IWlana ement Services Cit(Itt7 's fiydget g CA13715 R-1 March 31, 2016 rS�,Na;BE1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate State Revenue and to Transfer Funds for the June Republican Primary Election MEETING DATE: April 19, 2016 • Background: A Republican Party Primary Election has been ordered for June 14, 2016. The Code of Virginia requires localities to pay the costs of primary elections. The FY 2016 Operating Budget for the General Registrar's Office does not include funding for this primary election. • Considerations: The June Primary is estimated to cost $308,784. The City does expect the Commonwealth to provide a reimbursement for half of the costs of the March Presidential Primary Election, so this item estimates the anticipated revenue from the Commonwealth, $176,442, and appropriates those funds to pay for a portion of the anticipated expenses for the June Primary. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa n - -ncy: General Registrar City Manager: 1 AN ORDINANCE TO APPROPRIATE STATE 2 REVENUE AND TO TRANSFER FUNDS FOR THE 3 JUNE REPUBLICAN PRIMARY ELECTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $176,442 in state revenue is hereby appropriated, with estimated state 9 revenues increased accordingly, to the FY 2015-16 Operating Budget of the 10 General Registrar for costs associated with the June Republican Primary 11 Election; and 12 13 2. $132,342 is hereby transferred from the General Fund Reserve for 14 Contingencies to the FY 2015-16 Operating Budget of the General Registrar 15 for costs associated with the Republican Primary Election. 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: L Budget an. a-agement Services Ci ' : : ney s Office CA13727 R-1 April 8, 2016 r c w,I" r l , « CITY OF VIRGINIA BEACH AGENDA ITEM �,,/ ITEM: An Ordinance to Accept and Appropriate $844,447 from the National Oceanic and Atmospheric Administration to CIP # 7-030 Citywide Sea Level Rise/Recurrent Flooding Analysis MEETING DATE: April 19, 2016 • Background: The National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management, part of the National Ocean Service offered competitive grants to help coastal communities prepare for and recover from extreme weather events, climate hazards, and changing ocean conditions. The focus is on comprehensive regional approaches that use science-based solutions with a focus upon collaborative partnerships. Upon submission, grant applications were reviewed by a panel of coastal management and science experts from across the United States that included representatives of government, the academy, and private industry. The City of Virginia Beach's grant application for Project ARRK: Adaptation and Regional Resiliency Kit has been recommended for funding by NOAA in the amount of $844,447. The goal of this project is to ensure the City of Virginia Beach has planned and implemented strategies across its region within three years to begin implementing measures that will prepare the community for anticipated increases in flood impacts due to sea level rise. ■ Considerations: CIP # 7-030 Citywide Sea Level Rise/Recurrent Flooding Analysis is currently programmed and funded in the CIP. The scope of this project includes the development of a response plan for sea level rise and recurrent flooding. The acceptance and appropriation of these grant funds to CIP # 7-030 will allow the City to use programmed funds for implementation of activities as well as provide a greater opportunity to collaborate with regional shareholders in implementing solutions. Any grant match requirements will be provided by the existing capital project. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departme - �� A gency: Public Works 1 i\� City Manager: ii. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $844,447 FROM THE NATIONAL OCEANIC AND 3 ATMOSPHERIC ADMINISTRATION TO CIP # 7-030 4 CITYWIDE SEA LEVEL RISE/RECURRENT FLOODING 5 ANALYSIS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $844,447 is hereby accepted from the National Oceanic and Atmospheric 11 Administration and appropriated, with federal revenue increased accordingly, to Capital 12 Project #7-030, Citywide Sea Level Rise/Recurrent Flooding Analysis, to develop a 13 response plan for sea level rise and recurrent flooding. 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: 17//4r Budget an• Ma agement Services Cit e •rn- ' Office CA13722 R-1 April 6, 2016 1O y ,,.,„..,v, 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Equipment and Medical Supplies to Enhance Rescue/Medical Capabilities MEETING DATE: April 19, 2016 • Background: The General Assembly established the Four-for-Life Program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs and projects. The annual total revenue for this program varies slightly each year depending on the number of vehicles registered. Estimated revenue of $375,000 is included in the Virginia Beach Department of Emergency Medical Services' (VBEMS) Operating Budget. Any surplus received is to be accepted and appropriated on an annual basis. By year-end FY2014- 15, a surplus amount of$1,650 was received. Another portion of the vehicle registration fee is distributed to the State Department of Health to support various programs and services including: emergency medical training programs including basic and advanced life support offered by EMS agencies; activities for recruitment and retention of volunteer EMS personnel; emergency medical services systems development, initiatives and priorities of the State Emergency Medical Services Advisory Board; local, regional and statewide performance contracts for emergency medical services; technology and radio communication enhancements; and improved emergency preparedness and response. The total for training related revenue remitted to each EMS agency varies depending on the number of training courses offered statewide each year. By year-end FY 2014-15, $52,315 was provided to VBEMS for provision of various basic and advanced life support training classes. The State does not have guidelines restricting the use of these funds. VBEMS also receives miscellaneous revenue throughout the year from training services it provides. These monies include, but are not limited to, registration fees and text book purchases. The amount of revenue varies widely from year to year. In FY 2014-15, VBEMS received $19,877 in revenue from training services. VBEMS receives funds from special event organizers to offset the costs of rescue squad standby services. Since larger events involve multiple rescue squads and specialty teams, the department facilitates payments by giving the organizer the opportunity to submit one payment rather than dividing it among individual squads. Due to the volume of special events, the Department collects the payments with the intention of making a single annual request for acceptance and appropriation. In past years, in order to provide timely reimbursement to the volunteer rescue squads, the Department promptly made payments to the squads as the events occurred, deferring other purchases until such time as the revenues could be accepted and appropriated for further use. By year-end FY 2014-15, the Department received $36,460 in special event reimbursements on behalf of its volunteer rescue squads and specialty teams. An equivalent amount was previously disbursed to the rescue squads from VBEMS' Operating Budget. In summary, the additional revenues that have been collected are as follows: Source & Purpose of Revenue Amount Virginia Department of Health/Office of Emergency Medical Services $1,650 Four-for-Life Funds Return to Localities Program (for training, equipment and supplies) Virginia Department of Health/Office of Emergency Medical Services $52,315 Four-for-Life Funds —Training VBEMS Training Division Class fees $19,877 Special Events Reimbursements to City for pre-paid contributions to $36,460 Volunteer Rescue Squads for Stand-By Duty Total $110,302 • Considerations: VBEMS recommends using these revenues, totaling $110,302, to purchase additional equipment and supplies to enhance rescue/medical capabilities and training capacity. Examples of items to be purchased include training manikins, medical supplies, communications equipment, Life Pak cardiac monitor, and protective apparel for VBEMS providers. The Return to Localities funds are restricted by State law to the purchase of additional or enhanced equipment or training needs and may not be used to offset current services or supplant current City funding. The Four- for-Life Training funds are not restricted as far as their use. In order to utilize the funds in time to meet the State's expenditure reporting requirements, they should be accepted from the State and appropriated before June 2016. Appropriating the special event funds will restore the spending authority to VBEMS for advanced payments previously made to individual rescue squads from VBEMS' existing Operating Budget. Failure to restore VBEMS' spending authority would result in delayed purchases of equipment and supplies until next fiscal year or later. • Public Information: Public information will be provided through the normal Council agenda process. State funding distributions are announced in the Virginia Department of Health/Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. newsletters. ■ Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval ��'/ Submitting Dep ent/Agency: Department of Emergency Medical Services'��It CityManager: IA 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND 3 MEDICAL SUPPLIES TO ENHANCE RESCUE/MEDICAL 4 CAPABILITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The following revenues from the following sources are hereby accepted and 10 appropriated to the FY 2015-16 Operating Budget of the Department of Emergency 11 Medical Services to purchase additional rescue equipment and medical supplies to 12 enhance rescue/medical capabilities and training capacity: 13 14 1) $53,965 from the Virginia Department of Health, Office of Emergency Medical 15 Services Four-for-Life Return to Localities and Training Programs; 16 17 2) $19,877 generated by the Department of Emergency Medical Services' 18 training classes; and 19 20 3) $36,460 received from special events organizers to reimburse the City for 21 pre-payments made to Volunteer Rescue Squads for stand-by duty provided at special 22 events. 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: j12--Budget /'Xd M nagement Services Cit = ey's ffice CA13723 R-1 April 6, 2016 ,-;,-0,,.. 1 ff''4' Z f ? 4�Nr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $400,000 to CIP 8-008, Beach Replenishment, for an Emergency Beach Replenishment at Cape Henry Beach MEETING DATE: April 19, 2016 • Background: Winter storm activity and relatively new long term erosion trends have severely depleted the protective beach in portions of Cape Henry Beach. The area of greatest concern is immediately west of the Lynnhaven Fishing Pier, though erosion has impacted the majority of the beach from that point westerly to Lynnhaven Inlet. Sand placed immediately west of the fishing pier will tend to migrate westward toward the inlet and therefore will provide benefits extending to the inlet. This beach had last been replenished in the winter of 2009/2010 in concert with the federal dredging of the Lynnhaven Inlet channel system. The next cycle of federal dredging and replenishment is not anticipated before the winter of 2017/2018. At least 30,000 cubic yards of beach quality sand is available at the Crab Creek dredged material management area for use as replenishment on our public beaches. The necessary environmental permits for Cape Henry Beach replenishment have been obtained. Public Works has an existing on-call contract that can be used to accomplish the beach replenishment. The total cost of the replenishment is estimated at $400,000. The appropriate funding source for this work is CIP 8-008, Beach Replenishment, but there are no available funds in that account. However, there are two alternate funding sources, which can provide the amount needed. One source is $220,000 from the FY 2015-16 General Fund Neighborhood Dredging Reserves. This reserve is general fund monies that would be used for the City's portion of a new neighborhood dredging project. Presently, there is not a need for a new neighborhood dredging project before the end of the fiscal year. A second source is $180,000 from CIP 8-409, Chesapeake Beach, which currently has funding for permits and resolution of beach ownership issues. Transferring $180,000 from this project should leave sufficient funding to resolve anticipated legal costs. • Considerations: Following a protracted effort to obtain and confirm the public interest in the sandy beaches of Cape Henry, there are heightened public expectations for maintenance. The proposed replenishment will reduce storm damage exposure as an interim measure until the next major replenishment. • Public Information: Advertisement of City Council Agenda. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dom• - Agency: Public Works (1 ib City Manager. 1 AN ORDINANCE TO TRANSFER $400,000 TO CIP 8-008, 2 BEACH REPLENISHMENT, FOR AN EMERGENCY BEACH 3 REPLENISHMENT AT CAPE HENRY BEACH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $400,000 is hereby transferred to CIP 8-008, Beach Replenishment, for an 9 emergency beach replenishment at Cape Henry Beach from the following sources: 10 $220,000 from the FY 2015-16 General Fund Neighborhood Dredging Reserves in the 11 Operating Budget; and $180,000 from CIP 8-409, Chesapeake Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,5 \ budget - d M.nagement Services Ott • _ ey's Office CA13724 R-1 April 6, 2016 K. PLANNING 1. TATTOO SKILLS TOO, LLC /DAM NECK SQUARE, LLC for a Conditional Use Permit re a tattoo parlor at 1577 General Booth Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. STEPHANIE L. WEEKES for a Conditional Use Permit re day-care at 1205 Sydenham Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. VEONCA EVANS/NHI HO for a Conditional Use Permit re day-care at 5490 Davis Way DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re outdoor recreation at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. ASHDON BUILDERS, INC. & ESTATE OF BERTHA H. CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE,JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK,JAMES M. SMITH, SR. Change of Zoning from AG-2 Agricultural to R-10 Residential Comprehensive Plan: Suburban Area re single family dwelling density Variances to: Subdivision Section 4.4(b) Floodplain Section 4.10.B.3 at Princess Anne Road and Fenwick Way Conditional Change of Zoning from AG-1 & AG-2 Agricultural to Conditional R-10 Residential Comprehensive Plan: Suburban Area re 17 single-family dwellings density Variance to Subdivision Section 4.4(b) at 2344 Princess Anne Road DISTRICT 7 - PRINCESS ANNE DEFERRED FROM APRIL 5, 2016 RECOMMENDATION: APPROVAL 6. TITAN MYERS DEVELOPMENT, LLC /KHJ, LLC, BESS P. DECKER, MONICA JOHNSON, TALMADGE C. HUNT, SR. REVOCABLE LIVING TRUST Conditional Change of Zoning from R-7.5 Residential to PD-H2 (A-12 Apartment) between Daniel Smith Road and Connie Lane, East of Newtown Road Comprehensive Plan: Suburban Area re density for 35 dwellings - condominium ownership DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH a. An Ordinance to AMEND City Zoning Ordinance (CZO) Sign Regulations: i. AMEND Sections 210 through 218, 234, 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, 2210 ii. AMEND Oceanfront Resort District Section 6.3 iii. ADD Section 210.01 re General Regulations iv. REPEAL Sections 211.1, 212.1 and 212.2 b. An Ordinance to AMEND the City Zoning Ordinance Sections 111, 401, 501, 801, 901, 1001, 1110, 1125, 1421 and Oceanfront Resort District Section 5.2 re day-care centers and family day-care homes c. An Ordinance to AMEND and REORDAIN Section 506 of the City Zoning Ordinance re adding new"Figure 2—Roof Dormer Diagram" RECOMMENDATION: APPROVAL • 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,April 19,2016 at 6:00 p.m.,at which time the following applications will be heard: CITY OF VIRGINIA BEACH—An Ordinance to Amend City Zoning Ordinance Sections 210 (Purpose and intent;findings);210.1(Sign Permits);210.2(Definitions);211(Signs permitted in all Districts); 212 (Prohibited signs); 213 (Illumination); 214 (Sign height, setback and landscaping); 215 (Nonconforming Signs); 216 (Outdoor advertising structures, billboards, signboards and poster panels);217(Electronic Displays of Motor Vehicle Fuel Prices);218 (Major entertainment venue signs);234(Home occupation signs);303(Preservation district sign regulations); 403 (Agricultural District sign regulations); 501 (Residential district use regulations); 504 (Residential District sign regulations); 605 (Apartment District sign regulations);705(Hotel District sign regulations);805(Office District sign regulations);901 (Business District sign regulations);905(Business District sign regulations);1001(Industrial District use regulations);1005(Industrial District sign regulations);1503(RT-1 Resort Tourist District sign regulations);1533(RT-4 Resort Tourist District sign regulations);2210(Central Business Core District sign regulations); Oceanfront Resort District Form-Based Code Section 6.3(OR Oceanfront Resort District sign regulations);Add Section 210.01 (General Regulations), and repeal Sections 211.1 (Roadside Guide signs); 212.1 (Removal of prohibited signs in public places);and 212.2(Motor Vehicle signs). CITY OF VIRGINIA BEACH—An Ordinance to Amend Sections 111,401,501,801,901, 1001,1110,1125 and 1421 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code,as follows:Amending the Definition of the Term"Family Day — Care Home"; Deleting the Definition of the term "Child-Care Center"; Adding a Definition of the term"Day-Care Center",Replacing the term"Family Care Home"with the term"Family Day-Care Home";Adding Family Day-Care Homes as a Conditional Use in the PD-H1 Planning Unit District; and Allowing Day-Care Centers as a Principal Use in all Apartment and Office Districts,the B-2 Community Business District,B-3 Central Business District and B-4 Mixed Use District,the PD-H2 Planned Unit Development District,the RT-3 Resort Tourist District,the CBC Central Business Core District and in the OR Oceanfront Resort District and as a Conditional Use in all Residential Zoning Districts, the B-1 Neighborhood Business District, B-1A Limited Community Business District B-4K Historic Kempsville Area Mixed Use District,the I-1 Light Industrial and 1-2 Heavy Industrial Districts and the OR Oceanfront Resort District. CITY OF VIRGINIA BEACH-An Ordinance to Amend and Reordain Section 506,of the City Zoning Ordinance,Adding a New"Figure 2—Roof Dormer Diagram". DISTRICT 2—KEMPSVILLE TITAN MYERS DEVELOPMENT, LLC / KHJ, LLC, BESS P. DECKER, MONICA JOHNSON,TALMADGE C.HUNT,SR.REVOCABLE LIVING TRUST Conditional Change of Zoning(R-7.5 Residential District to PD-H2(A-12 Apartment District)4.449 acres between Daniel Smith Road and Connie Lane, east of Newtown Road (GPINs 1468318238, 1468318497,1468410127,1468410516).Comprehensive Plan:Suburban Area.Proposal is for 35 single-family dwellings in a condominium form of ownership(density of 8.5 units per acre) DISTRICT 6—BEACH TATTOO SKILLS TOO,LLC/DAM NECK SQUARE,LLC Conditional Use Permit(Tattoo Parlor)1577 General Booth Boulevard,Unit 107(GPIN 2415458709) DISTRICT 1—CENTERVILLE STEPHANIE L. WEEKES, Conditional Use Permit (Home Occupation-Family Day-Care Home)1205 Sydenham Court(GPIN 1475128402) DISTRICT 4—BAYSIDE PEMBROKE SQUARE ASSOCIATES,LLC,Conditional Use Permit(Outdoor Recreational Facility)4554 Virginia Beach Boulevard(GPIN 1477562034) DISTRICT 2—KEMPSVILLE VEONCA EVANS/ NHI HO Conditional Use Permit (Home Occupation-Family Day-Care Home)5490 Davis Way(GPIN 1467497384) DISTRICT 7-PRINCESS ANNE ASHDON BUILDERS,INC.&ESTATE OF BERTHA H.CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK,JAMES M.SMITH,SR.Change of Zoning(AG-2 Agricultural District to R-10 Residential District) Comprehensive Plan: Suburban Area. Proposal is for 1 single- family dwelling(density of 2.32 units per acre);Subdivision Variance to Section 4.4(b)of the Subdivision Regulations; Floodplain Variance to Section 4.10.8.3 of the Floodplain Ordinance.North side of Princess Anne Road,approx.460 feet east of Fenwick Way(GPIN 2404234958); Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District)Comprehensive Plan: Suburban Area. Proposal is for 17 single-family dwellings(density of 1.93 units per acre);Subdivision Variance to Secti.- 4.4(b)of the Subdivision Regulations.2344 Princess Anne Road(GPIN 2404244097) All interested parties are invited to attend. Ruth Ho.: reser,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 httEywww.vbcwv.corr2LEc 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: APRIL 3&10,2016—1 TIME EACH. ..` 1 1 , 1 L../j 111 0 ql i .iti s, N LI _..... I I 111.1 di ..."41lir ....„----- Z rr . r .._ ?1 1 4 .. .. 1 N i , ,,,,,, iii...... .... / „lir . 1 CO i re4 tqar il N .- . i,. 1:------ 0 6 li I 0 ''' '•.,„ ‘14),0_ 0 2 . , i 4----liiiirvi. (2, ,, ,, ,..„ , 7 , di .. „ / al II, , (:- Jp cm L ,„ N • CO ' ). it 4' . 13 kia Ait i p ti. "., ..., , m 1:3 CD F -.. 415) ,.. , 7 __,......„.......„ ,. .: : .. . . t?C :). - , 0..... ; sp C3 1.0 iti • Ce ).'''• 0 , 04 4111r ... Aff Itip i„.. ---• ..__ ''' (A,,N,,,,ietrAll riiii t a '•. -! • --- '4444' • a ......„.., ..• ' . - . '-"-------- ' -- 111/0. /IV . • iu-- tp 4::74 ..., . . .. „.„..„ ...,, - •• 8---- In r 4• • ' ilk%,,:, it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TATTOO SKILLS TOO, LLC [Applicant] DAM NECK SQUARE, LLC [Owner] Conditional Use Permit for a Tattoo Parlor. 1577 General Booth Boulevard, Unit 107. (GPIN 2415458709). COUNCIL DISTRICT—BEACH MEETING DATE: April 19, 2016 • Background: The applicant requests a Conditional Use Permit to operate a tattoo parlor within a 1,875 square foot unit in the Dam Neck Square Shopping Center. The unit is located in the northwest corner of the site. • Considerations: There are no changes to the exterior of the building or site proposed with this application with the exception of a building sign that will be located above the entrance to the unit. The interior of the unit will be renovated to accommodate seven spaces for tattoo application and one area for body piercing. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signs installed on any exterior wall of the building, or in any windows, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Tattoo Skills Too, LLC Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commissio recommends approval. Submitting Departm- • Agency: Planning Department City Manager: Applicant Tattoo Skills Too, LLC Agenda Item Property Owner Dam Neck Square, LLC Public Hearing March 9, 2016 rt��iof City Council Election District Beach 2 Virginia Beach Request R..0'ryRad baa •, N..0,/ / Conditional Use Permit (Tattoo Parlor) 1 -, e Rea�ngRoad a WoOdeod lane tSeizure Lane Staff Planner , "�� Eeiglewood Drive Kevin Kemp Snowbird Lane r~d'VM/ >75 dB DNL Location i /aft i 1577 General Booth Boulevard, Unit 107111,./ , Dem Ned Road GPIN r 24154587090000 1 / / 70-75 dB DNL if W Site Sizer s, ''�^4. " / d j/ 7.27 acres (unit is 1,875 square feet) °"O4e / `bb '' ti / Ak AICUZ 41 1 I �' e Lean Drive Greater than 75 dB DNL j If /65-70dBDNL Existing Land Use and Zoning District Mixed retail/ B-2 Community Business Surrounding Land Uses and Zoning Districts North ~-- .. '' • Mini-Warehouse/B-2 Community Business _`- ��2`�Q South ., -co',-ft Dam Neck Road 5 ,„ a Mixed retail/B-2 Community Business �` A .4 4 ',"a East 41. s' �. - \\: i' o . General Booth Boulevard Q ' ' m Mixed retail/B-2 Community Business k e- o West 4 Axes Court / i 4ot 0-'1161111 Multi-family dwellings/PD-H1 Planned Unit ' Dani Neck Road Development • .' •` '7ry vQc, oe. Tattoo Skills Too, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor within a 1,875 square-foot unit within the Dam Neck Square Shopping Center.The unit is located in the northwest corner of the site. • The subject site, zoned B-2 Community Business, is 7.27 acres and contains a variety of commercial uses. • No changes are proposed to the exterior of the building, with the exception of signage that will be installed over the entrance, consistent with the other units within the shopping center. • The interior space will be renovated to include seven spaces for tattoo application and one area for body piercing. • Hours of operation will be 12:00 p.m.to 10:00 p.m., seven days per week. Zoning History " Request ti�� C j 4{,zrl c 1 CUP(Automobile Repair Garage)Approved ni s 40 / &I R-5D 0o7 4' 0 0 /� "i✓ \ 02/16/2016 ,4 ij �r f MOD Approved 02/11/2014 :P/S7 �-1 ,• - CUP(Automobile Service Station&Car Wash) �y��' � J Approved 01/09/1996 - LC-'''''4.11,71 f.� ,./ /� 2 MOD Approved 07/06/2010 f Cjc„ ,�{� dN ♦ �-�t,/ MOD Approved 02/08/2005 z., ez U � 'r MOD Approved 06/11/2002 � B�2 '- I` CUP(Mini warehouse)Approved 10/09/2001 • °o � � f AtEli 3 CUP(Fuel Sales)Approved 9/25/2001 €,' 4 CUP(Automobile Repair Garage)Approved 7 �,�`� _ a 02/02/1991 �� I�.� © �/ 5 CUP(Automobile Repair Garage)Approved /4140," B-2 • �'Qi 03/26/1990 lli Iti 1 (� ; " _ ,Q+ 6 CUP(Automobile Repair Garage)Approved vi kl /2 n 08/14/1989 7 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 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area with general planning policies that focus on protecting the overall character,economic value, aesthetic quality of stable neighborhoods, and reinforcing the suburban characteristics of non-residential uses.Achieving these goals requires land use activities to 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. Tattoo Skills Too, LLC Agenda Item 2 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 31,922 ADT 1 32,500 ADT'(LOS 4"C") No change is expected from the 37,100 ADT 1(LOS 4"E") number of trips generated by this Dam Neck Road 32,244 ADT 1 49,300 ADT 1(LOS 4"D") use occupying an existing unit 55,800 ADT 1(LOS 4"E") within a shopping center 1Average Daily Trips 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road in the vicinity of this application is considered a six-lane divided major suburban arterial. The existing infrastructure is currently within in a 100-foot and variable width right-of-way. The MTP proposes a four-lane minor arterial within a 110-foot right-of-way. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. 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 a six-lane arterial within a 150-foot right-of-way. Currently,this segment of roadway is functioning under capacity at a Level of Service C. 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. Public Utility Impacts Water The site currently connects to City water.There is an existing 16-inch City water main along Dam Neck Road and an existing 20-inch City water main along General Booth Boulevard. Sewer The site currently connects to City sewer.There is an existing 42-inch HRSD force main along General Booth Boulevard and Dam Neck Road.There is an existing eight-inch City gravity sewer along Dam Neck Road.The site is serviced by Pump Station#602. Tattoo Skills Too, LLC Agenda Item 2 Page 3 Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and is acceptable.The proposed tattoo parlor will be located within an existing commercial strip center, and no exterior changes to the building or site are proposed, with the exception of signage. Additionally,the proposed use is consistent with the commercial nature of the surrounding properties. Before the applicant can obtain a business license,the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code.This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,electronic display or similar signs installed on any exterior wall of the building, or in any windows,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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. Tattoo Skills Too, LLC Agenda Item 2 Page 4 Site Layout NI 41 C4 Z 1 111 �� gg 3aE 3N WVo azA vnos 1 ; Y 1 10 ii ; ; ; 6 VPIPUlltkia6 / 6 ! W ----':-...".----I--..--------"-l..-''.'-' 7-5 J ��-- 1 w r---- -; c , 1 :-ai z 00 ._ ._ 0 , _ _ 4 _.., :5 >_ Z I CO o 0 0 1 I0 ° m I, 0 o a 1 01,,, , w T— ----—11 7.:; m- Z `-'1 zoo QU = 1 __ _ 00:„.............,........../...co. I, OPi____2 , sr �I ' rib 0 9 Tattoo Skills Too, LLC Agenda Item 2 Page 5 i 1 1 Site Photos f *,s`e w!: ' C)0.PARLOR Y • w. rt t- ,-- r • l it a a - - 1x . µ fi t T Tattoo Skills Too, LLC Agenda Item 2 Page 6 li Disclosure Statement DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosure<must be updated we(2)weeks prior to any Page 1 014 Hanning Commission and City Council meeting that pertains is the appbration(sl 0 APPLICANT NOTIFIED OF HEARING DAIL NO CHANGES AS OF DAA t d/f1 14 REVISIONS SUBMITTED DAI L Tattoo Skills Too, LLC Agenda Item 2 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 entitiesFactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratino or to be operated on the Prooertv. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 0 Accounting and/or preparer of �— your tax return ❑ J Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ t4 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 2, purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ,A Construction Contractors ❑ Et. Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Tattoo Skills Too, LLC Agenda Item 2 Page 9 1I Disclosure Statement ak 4 Financing(include current ❑ tg 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 ❑ Ek current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ,( an interest in the subject land or any proposed development �( contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or me • g of any •ublic body or committee in connection with this A lication. \,/ � 5(( I-/ APPLI T'S •E `"'�- 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. Tattoo Skills Too, LLC Agenda Item 2 Page 10 Disclosure Statement NED OWNER ►tgini ach rtd08 2016 YES 1:11SERVICE PROVIDER(use a o�nai sheets if ' needs CErA RTMF'a 4 ❑ Accounting and/or preparer of '�l& k ElAkoM 2 � —' your tax return / ❑ IN7A Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 0 Construction Contractors 0 ® Engineers/Surveyors/Agents Financing(include currentvSrypf tjy^ k- ❑ mortgage holders and lenders am & C��_t selected or being considered to ,l • provide financing for acquisition or construction of the property) rr ❑ ),8 Legal Services C (OC. ) Real Estate Brokers/ ❑ pg. Agents/Realtors for current and anticipated future sales of the subject property 4,., _.___._. ._.,,__.._._,:..._.- —4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have D yi 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? Page 6 of 7 Tattoo Skills Too, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach 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 Ap icatio . _ 2/1/ 117 P OPERTY OWNER'S SI N TURF PRINT NAME , JPdL DATE Page 7 of 7 Tattoo Skills Too, LLC Agenda Item 2 Page 12 Item #2 Tattoo Skills Too, L.L.C. Conditional Use Permit 1577 General Booth Boulevard, Unit 107 District 6 Beach March 9, 2016 CONSENT An application of Tattoo Skills Too, L.L.C.for a Conditional Use Permit (Tattoo Parlor)on property located at 1577 General Booth Boulevard, Unit 107, District 6, Beach. GPIN: 2415-45-8709-0000. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar signs installed on any exterior wall of the building, or in any windows,or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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 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. The applicant Jason Fulford appeared before the Commission. .)----„_____ „.... 000,L .L,:10 , \sci .., ir. 'S ,,..... iiii\c-:\\ ....„... ... 0 0, 0is,),,.., .4( I\ V IS % ,, * 01, \, 1 I 111 ri krill I I*--) C:\) 41.1 II 16,, % cc::::,) .„ II \ % $ ,1 0 ..,,z 4. -. 4 E0. ,o, \\ ., : __ .,___ ,.....„.„ . . _____ 3 - _____ Pie as a'lti -� 0 I iz:30 • tt \------A) a__ '1/// > 1 0 " .�.. fir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHANIE L. WEEKES [Applicant] STEPHANIE AND RALPH WEEKES [Owners] Conditional Use Permit for a Home Occupation— Family Day-Care Home. 1205 Sydenham Court (GPIN 1475128402). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: April 19, 2016 • Background: The applicant has provided child care services from her home for the past 17 years, and wishes to increase the number of children she cares for to 12. The City Zoning Ordinance requires that a family day-care home providing care for more than four children unrelated to the persons who maintain the home requires a Conditional Use Permit for a Home Occupation. • Considerations: In addition to this Conditional Use Permit, the applicant will be licensed by the Virginia Department of Social Services. The proposed hours of operation for child care are from 6:00 a.m. to 6:00 p.m., Monday through Friday. One assistant will work onsite. The driveway allows for three vehicles to accommodate drop-off and pick-up times. The request is consistent with the Comprehensive Plan, and in Staff's opinion, is compatible with the surrounding land uses. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m. to 6:00 p.m. 3. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. Stephanie L. Weekes Page 2of2 4. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 5. No more than one (1) person, other than the applicant, shall assist with the operation of the Home Daycare at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• - • me gency: Planning Department City Manager: �j� 1 Applicant Stephanie L. Weekes Agenda Item Property Owners Stephanie & Ralph Weekes Public Hearing March 9, 20166 C,r��r,f City Council Election District Centerville Virginia Beach Request t ro protoorke R ��o4 'SYS &idle Creek soulegd y 44 4I Conditional Use Permit (Home Occupation— •�•, a 3 11,... •pef�,.1 $_ tbM„hre Family Day-Care Home) 1 4 j ae 7 Y Mp o. Doe t ? /romptoe 0,We aaa' iRd a Staff Planner 2roso +d ,.,..• WO Jimmy McNamara 9 w„ada°'0� Ho,e,aKW,y Irrde�°a"' E .0061,0 Location € COn it 1205 Sydenham Court ° $ • ; �rmuo ao+ !g' xir S G PI N Eddystone odea ! Eo ; le,r le 1 14751284020000 a 3 1 I ado``{ Site Size a•'° t pieon, / 6,400 square feet �'.`�°6' rte « ��'�o AICUZ gI.0'u • Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential Surrounding Land Uses and Zoning Districts North Sydenham Court " , Single-family dwelling/ R-5D Residential S�`,`"\,`�`'co•tr� OF' South • Single-family dwelling/ R-5D Residential ` ,i East Single-family dwelling/ R-5D Residential \,,' West �� .. Single-family dwelling/ R-5D Residential o • •' . : 1i. V \� � xY_ a S `,,\ Stephanie L.Weekes Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Daycare Home for up to 12 children in her single- family home located on property zoned R-5D Residential District. The applicant has been a provider of in-home childcare services for the past 17 years and is accredited with the National Association for Family Childcare. • Proposed hours of operation are from 6:00 a.m.to 6:00 p.m., Monday through Friday. One assistant will work onsite. • The size of the driveway allows up to three parked vehicles. On-street parking is available in front of the home. • The applicant anticipates that her typical daily attendance will be eight children; however,the applicant is requesting to have up to 12 children with this Conditional Use Permit in order to serve as a temporary backup childcare provider for up to four children. • The site is developed with a two-story, single-family dwelling and is located on a cul-de-sac. The rear yard is fenced and provides ample space for the children to play. *\-- - - Si:0' ik rf R-10 v v., .5 0' ti.= .. ...,-. 484 10 t 0 Zoning History o Q R Q CUP(Communication Tower)Approved 07/07/1998 -Lc- ' ' cYfil ''' 4* ',.° q;!), .:. ,,,,;.,' s IIP ill '.,:;, ..,.;:, ''-fr.-- , lilt :.'Ap`' . _ . '''''''7341','::-:':-,--,,,v ? ,., ;,, 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 Stephanie L. Weekes Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value, and aesthetic quality of stable neighborhoods.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability,and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Natural and Cultural Resources Impacts The site is located within the Southern Rivers Watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Existing Land Use 2-10 ADT Sydenham Trail No data available Proposed Land Use 3-48 ADT 1 Average Daily Trips 2 as defined by single-family 3 as defined by single-family dwelling— 4 LOS=Level of Service dwelling one unit&daycare—12 children Public Utility Impacts Water & Sewer This site is currently connected to City water and sewer. Evaluation and Recommendation The applicant's request for a Conditional Use Permit for Home Occupation—Family Daycare Home, is generally consistent with the Comprehensive Plan's land use goals for residential areas and preserving neighborhood stability in the Suburban Area. Staff's opinion is that the proposed use is appropriate for the subject site and compatible with the surrounding land uses. As such, Staff recommends approval of this request with the following conditions. Stephanie L.Weekes Agenda Item 6 Page 3 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m.to 6:00 p.m. 3. The home daycare shall be limited to a total of twelve (12)children,other than children living in the home. 4. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 5. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. 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. Stephanie L.Weekes Agenda Item 6 Page 4 Existing Site Survey F THIS SURVEY IS BASED ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH.VIRGINIA IN MAP BOOK 187 AT PAGE 12. THIS IS TO DECLARE THAT I,ON MAY 7,1998 SURVEYED THE PROPERTY^HOWN HEREON,AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TIT:LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHOWN HEREON. THE PROPERTY SHOWN HEREON APPEARS TO UE WITHIN FLOOD ZONE X('.REAS DETERMNED TO BE OUTSIDE THE 500-YEAR FLOODPLAIN") ACCORDING TO THE FEMA-NFIP COMMUNITY PANEL NUMBER 515531-0037E,DATED 12/05/96.FLOOD ZONE DETERMINATION IS BASED ON THE FLOOD INSURANCE RATE MAPS AND DOES NOT IMPLY THAT THIS PROPERTY WILL.OR'.LL NOT BE FREE FROM FLOODING OR DAMAGE. CONTACT TIE LOCAL COMMUNITY FLOOD OFFICIAL TO CONFIRM THE ABOVE INFORMATION. FLOOD IC.<E INFORMATION WAS SCALED FROM F.E.M.A.FLOOD MAPS AND ACCURACY IS NOT GUARANTEED.ANN SURVEYING ANO DESIGN.INC.IS NOT A PARTY IN if-IF/MINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THE ESISTENCE Or: HAZARDOUS WASTES,VEGETATED WETLANDS,OR TDM.WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY. THE SURVEY Of THE PROPERTY SHOWN HEREON WAS PERFORMED WITHOUT BENEFIT OF A CURRENT TITLE REPORT,AND CONSEQUENTLY MAY NOT DEPICT ALL MATTERS AFFECTING THE PROPERTY SHOWN HEREON. PLATTED LOT AREA: 6,708 SQUARE FEET OR 0.1540 ACRE. ALL FENCES SHOWN HEREON ARE 72"WOODEN UNLESS OTHERWISE NOTED. NOTE FROM PLAT IN MAP BOOK 181 AT PAGE 12: THE OWNER AT EACH LOT WHOSE SIDE LOT LINE IS ABUTTED BY AN AREA DESIGNATED"EASEMENT'®WITHIN AN ADJOINING LOT SHALL HAVE AN EASEMENT OVER AND WITHIN SUCH ABUTTING AREA FOR THE PURPOSE OF ACCOMMOOATNG SUCH OWNER'S OWELUNG ROOF OVERHANG AND FOR THE PURPOSE OF REASONABLY MAINTAINING,REPAIRING AND REBUILDING THE POR TONS Of SUCH OWNER'S DWELLING WHICH OVERHANG OR ARE ADJACENT TO SUCH ABUTTING AREA.ANY DEED OF THE LOTS SHOWN HEREON SHALL BE DEEMED TO CONVEY THE RIGHTS AND BE SUBJECT TO THE RESERVATIONS SET FORTH IN THE PRECEDING SENTENCE WHETHER OR NOT ANY SUCH RESERVATIOIS OR RIGHTS SHALL BE SET FORTH IN ANY SUCH DEED. SYDENHA o COURT • GNN od W ,"''`' C1 r s45D7HA CURVE DELTA ANGLE RADIUS ARC I ' I a'\\ �. C 1 3058'23' 50.00' 27.03' $s l0.7' i Li c \ %z?, UNE BEARING DISTANCE ..e I f..3,' �$� m'Z L I N 6613'59'E 6.00' 8O I I,AAN\ \ �w� I^O i Z '" Z G f �T>o \ V`A W 0 I I , \ WLO i • 13 Lot 7 I R E M' \, \ 'i41111 Nt 5' 4 ' CPih as \ \ O • FN O ITS' \•+• ' fa j a ,IT.J 44\ I. \ O `J HVAC «�' PAD \\ oil , a I DoT 6 j \ N 9- _,..,_,,,,:..,.,,,.., . FwI �� d.Ip 1Md 1 / Os 4' Rd 12.J' I @E s000,- d / o0 01 lDti A tECENO.. 1 ' .' , �66A A90.0'.<41 _ w n a +a,,Mx, o / 1.01 wcel� Irof I I . WN DZ\ - — .w c+o .w 01. ', v, , J �l o �...F I. J. �1 ,4. tIW O9 P. ,+,N.n,..,vo*a. ya mTaw.as HOZ 2 PHYSICAL SURVEY OF o�41'p�TH OF,,, LOT 6f� BLOCK B -. 05-07-9B C.,!. SUBDIVISION 0 JOHN F. HILL,JR.> ROSEMONT FOREST ' xa. 1.�-B iji._Lpl SECTION 10,PART 3 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA MAY 7, 1998 SCALE: 1'.'20' 4*0 SURVE-t0* EXCLUSIVELY FOR RALPH T. WEEKES, JR. A&W SURVEYING & DESIGN, INC. DRAWN BY:J.M.G. 4310 INDIAN RIVER ROAD - SUITE 3 CHECKED BY:J.F.H., Jr. CHESAPEAKE, 1A3GINIA 23325 DRAWING NO.:6709 Tel: 757 420-8309 PROJECT NO.: PJ2529 Fox: 4757) 420-8.345 Stephanie L.Weekes Agenda Item 6 Page 5 Site Photos 10 U., � :.i.--.,,,.,' 4:1:----k.4‘- Yf' ii yob IV j, , �' {%fir 1V -4 1 Stephanie L. Weekes Agenda Item 6 Page 6 Disclosure Statement 11/4B Virginia Beach APPLICANT'S NAME; VkVkw_y Qt_ t 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 Franchise Agreement Street Closure (Historic Review Board) 9 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 oR<I'Yu5Eoh' ' / ' 1Cli ,tf, PI,to, ,..,!,, ,,dtc,'` , r% _e'< ;;r c Page 1 of 7 ar,r r ;rrn,a,or,�:r C ,,,,m, l mc,tinra rr,at F,t rt.! to U t ac p rtnru riR 0 APFFICM'r NOIIFIFf Or WARING � F X NO CHANCES AS 0i C '.-1 '1/7/16 ' j ,AVS _a `c`1 cnssuer ;r;En r'-r 1 Stephanie L. Weekes Agenda Item 6 Page 7 Disclosure Statement Virginia Beach XCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, 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 I • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. XCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Stephanie L. Weekes Agenda Item 6 Page 8 Disclosure Statement • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 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) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Stephanie L.Weekes Agenda Item 6 Page 9 Disclosure Statement AB,v,, APPLICANT Virginia Beach YES NO SERVICE I PROVIDER (use additional sheets if needed) X — El 1 Accounting and/or preparer of your tax return E Z Tr7 K ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ 0 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Kpurchaser of the subject property r'.' (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors 581 ❑ Engineers/Surveyors/Agents f� �,►d w�„ .,;r and r ,y+1 le( Financing(include current 0 C k N 1 ❑ 1 mortgage holders and lenders selected or being considered to !r 1 n q r)C,cj( Se/Ark,-S provide financing for acquisition or construction of the property) ❑ X Legal Services Real Estate Brokers/ p( ❑ Agents/Realtors 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 Elg 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? Page 4 of 7 Stephanie L.Weekes Agenda Item 6 Page 10 Disclosure Statement Virginia Beach 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. llik T APPL CANT' SIGNATURE PRINT NAME DA 0 Page 5 of 7 Stephanie L.Weekes Agenda Item 6 Page 11 Disclosure Statement OWNER Virginia Beach YES NO r SERVICE PROVIDER(use additional sheets if needed) / ❑ Accounting and/or preparer of 2 v your tax return /` 0 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ( the Applicant)- identify purchaser l� and purchaser's service providers Any other pending or proposed O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 6. Construction Contractors 23 0 Engineers/Surveyors/Agents A rind IN c yive7 4y, and Pe i,y4 LP( Financing(include current l*,C liv E N Iv ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition F i 0 cin G, 4 1 S ,(i/,C,,S or construction of the property) ❑ Z1 Legal Services Real Estate Brokers / ❑ EST Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have ElA 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? Page 6 of 7 Stephanie L.Weekes Agenda Item 6 Page 12 Disclosure Statement «Nd Virginia Beach 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. .0\44 \C 4 a0.1,LQE_AL3 P OPER •WNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Stephanie L.Weekes Agenda Item 6 Page 13 Item#6 Stephanie L.Weekes Conditional Use Permit 1205 Sydenham Court District 1 Centerville March 9,2016 CONSENT An application of Stephanie L.Weekes for a Conditional Use Permit(Home Occupation—Family Day- Care Home)on property located at 1205 Sydenham Court, District 1, Centerville. GPIN: 1475-12-8402- 0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m.to 6:00 p.m. 3. The home daycare shall be limited to a total of twelve (12)children,other than children living in the home. 4. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 5. No more than one(1) person,other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approved item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE Item#6 Stephanie L.Weekes Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 6 for consent. The applicant Stephanie L.Weekes appeared before the Commission. I ir ____; f1:111J/ . - * I-I Ce , // INIONor , i -74 1 / . ,. / Ii7 illt a thipi, //1--Th 40 4.0 - - _, / 0 ,1" - . i . eint . . Ls...2f , . , . . .• ,,,, .., sift is _____„. N0, , c,.....,,,, ,, ..,.........._. 4.*PAP i 4 I I I I I I laajls smeo ,p4,41, _., . , _ I (11,41 _ ------i co ii j. ro n I,_ , Ii , , 4.„ ........ .... il,.... u,pp,� r `Ny,Tf )r i --,-.............pi, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VEONCA EVANS [Applicant] NHI HO AND QUAN LE [Owner] Conditional Use Permit for a Home Occupation — Family Day-Care Home. 5490 Davis Way (GPIN 1467497384). COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: April 19, 2016 • Background: The applicant has provided child care services from her townhome for the past year, and now wishes to increase the number of children she cares for to eight. The City Zoning Ordinance requires that a family day-care home providing care for more than four children unrelated to the persons who maintain the home requires a Conditional Use Permit for a Home Occupation. ■ Considerations: In addition to this Conditional Use Permit, the applicant will be licensed by the Virginia Department of Social Services. The proposed hours of operation for child care are from 6:00 a.m. to 8:00 p.m., Monday through Friday. The driveway allows for two vehicles to accommodate drop-off and pick-up times. The rear yard is fenced in and provides an outdoor area for children to play. This request is consistent with the Comprehensive Plan and in Staff's opinion, is compatible with the surrounding land uses. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m. to 8:00 p.m. 3. The home daycare shall be limited to a total of eight (8) children, other than children living in the home. Applicant Veonca Evans Agenda Item Property Owners Nhi Ho and Quan Le Public Hearing March 9, 2016 C;t�,�oj City Council Election District Kempsville 8 Virginia Beach Request 'v4, 3r `�r Cb by ."4p Conditional Use Permit (Home Occupation— / W �„.h4 Family Day-Care Home) AFF r s ' ,orwe°' Staff Planner """`° a•' 03 ��'".44. Jimmy McNamara `„',•aych Maple Ouster curt 4mhurst c 4 Location '""6.rt 3' t 5490 Davis Way � ��'"" `., t GPIN =� 14674973840000 ' Site Size i I 1,674 square feet •.q• AICUZ '", e Less than 65 dB DNL Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North Townhouses/A-12 Apartment IBA ,Ar 4 � . South "- Davis Way \ tt, ,:i'''. Townhouses/A-12 Apartment . i „taIti East o Alf4. a ,. Townhouses/A-12 Apartment7 .-F West F Townhouses/A-12 Apartment # r, 0- I Af { • 4, ¢ ry Veonca Evans Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Daycare Home for up to eight children in her approximately 1,300 square-foot townhouse located on a property zoned A-12 Apartment District. The applicant has provided in-home childcare services for approximately one year. The applicant is a registered Child Development Associate and has training in safety/first-aid and CPR. • Proposed hours of operation are from 6:00 a.m.to 8:00 p.m., Monday through Friday. • The site has been developed with a two-story townhouse. The rear yard is fenced and provides space for the children to play. The driveway is capable of holding up to two parked vehicles at one time. 11111M.� ■ 111111j0111""441, ar.4* 7 M lilt ,� m a. 4.*** ' , c _Nj irro-®*`tLi , Zoning History mi.,* �® 4111* i __ CUP(Religious Use)Approved 04/12hl2011 _woo © MOD Approved 08/28/2007 4. , kJ. 41,0104. R r 44W, , ®�. Ailitta B2 ,,®� ! 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 this area of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value, and aesthetic quality of stable neighborhoods.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Veonca Evans Agenda Item 8 Page 2 I Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant environmental or cultural features associated with the site. Traffic Impacts Davis Way No data available Existing Land Use 3-10 ADT Proposed Land Use 48 ADT 'Average Daily Trips 2 as defined by a single- 3 as defined by a single-family 4 LOS=Level of Service family townhouse townhouse&daycare Public Utility Impacts Water and Sewer This site is connected to City water and sewer. Evaluation and Recommendation The applicant's request for a Conditional Use Permit for Home Occupation—Home Daycare is generally consistent with the Comprehensive Plan's land use goals for residential areas and preserving neighborhood stability in the Suburban Area. Staff finds the proposed use to be appropriate for the subject site and compatible with the surrounding land uses. Staff recommends approval with the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m.to 8:00 p.m. 3. The home daycare shall be limited to a total of eight (8)children,other than children living in the home. 4. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 5. No more than one (1) person, other than the applicant, shall assist with the operation of the Home Daycare at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. Veonca Evans Agenda Item 8 Page 3 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. Veonca Evans Agenda Item 8 Page 4 I Site Photo .- • rv+-aF.,a.� �Y .....''''.'",:.:..t...:-...4'''''''''.4:—'--1—: 1-2 __:-.- --1111111.111111111111111—_ -- 111111111111111111__ -: ppm '- ( .' i 1 Se t wit s .� '>, .. Y 1 e r Veonca Evans Agenda Item 8 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Veonca Evans 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. s • SECTION 1 / APPLICANT DISCLOSURE s: r lt r, .c '2 ... rn Page 1 0f 7 ,,.,,.(.r,fv`i NOi;t!S:)Gi .._;1til'e". �f 04. y/7/ f6j . n�c(rrwc,sr< .r � ,� Veonca Evans Agenda Item 8 Page 6 Disclosure Statement Virginia Beach ( /it— Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. UCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, eic. below: (Attach list ., ,sr , sary) (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. IT Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: if an LLC, list the member's names:_ Page 2 of 5 Veonca Evans Agenda Item 8 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) • (B) List the bl,sinesses that have a parent-subsidiary 1 or affiliated business entity 2 relationsnip with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Veonca Evans Agenda Item 8 Page 8 Disclosure Statement (Applicant) Nii3 Virginia Beach YES NO SERVICE PROVIDER(nuse eeadditional sheets If nAccounting and/or preparer of `� your tax return n / 2✓' Architect/Landscape Architect/ c- I� Land Planner Contract Purchaser(if other than n the Applicant)- identify purchaser and purchaser's service providers /Any other pending or proposed O G�17 purchaser of the subject property _ (identify purchasers, purchaser's service providers) I-1 Construction Contractors n a' Engineers/Surveyors/Agents I I Financing (include current H mortgage holders and lenders selected or being considered to provide financing for acquisition �� ' or construction of the property) [ X/IfLegal Services �/`-' Real Estate Brokers/ • pr"-- Agents/Realtors 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 y an interest in the subject land or any proposed development ❑/� contingent on the subject public action? If yes, whateis the name of the official or employee and what is the nature of the interest? Page 4 of S Veonca Evans Agenda Item 8 Page 9 Disclosure Statement �ti►v OWNER Virginia Beach SERVICE PROVIDER(use additional sheets if YES NO needed) ❑ Ei Accounting and/or preparer of your tax return ❑ El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ d the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ U purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 0 Construction Contractors ❑ El Engineers/Surveyors/Agents Financing(include current ❑ im mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Ei Legal Services Real Estate Brokers/ ❑ 2 Agents/Realtors for current and anticipated future sales of the subject property t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ d 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? Page 6 of 7 Veonca Evans Agenda Item 8 Page 10 Disclosure Statement Ni3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 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. Q4 Quan Le 02/16/2016 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Veonca Evans Agenda Item 8 Page 11 Disclosure Statement Ni3 Virginia Beach 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. y-- ----�, Cern --- TA3C,IIS 14'115 r LICANT'S SIGNATURE FAil'T NAME 1 DATC - i( l� 0 Fir 1-f-o PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Veonca Evans Agenda Item 8 Page 12 Item#8 Veonca Evans Conditional Use Permit 5490 Davis Way District 2 Kempsville March 9, 2016 CONSENT An application of Veonca Evan for a Conditional Use Permit(Home Occupation—Family Day-Care Home) on property located at 5490 Davis Way, District 2, Kempsville. GPIN: 1467-49-7384-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The hours of operation shall be Monday through Friday, between the hours of 6:00 a.m.to 8:00 p.m. 3. The home daycare shall be limited to a total of eight(8) children,other than children living in the home. 4. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 5. No more than one (1) person,other than the applicant, shall assist with the operation of the Home Daycare at any one time. 6. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 7. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE i Item #8 Veonca Evans Page 2 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 for consent. The applicant Veonca Evans appeared before the Commission. I I \ j a El Ll 1:1- F co i 000 , 1 _ .) . - y-----\%, , , -.- • 1 . .. , r ____11',--..." L::,, LI) ill: 111::51031 0 - Ind k H c) a co illi\,. i,„ rtel 0 \ . ,. . . u- ,gis -.. :. 0 .., „...,_______, - . wessesoe- \ _Th:1 , * . , ,,,,--- P ..,' 0 I 441 lit ' % ‘' fr 1P*14' E .....))..s., iF itittiorik. ..... 1 o •40. .46.-. -,,,„ ( , 0 FL, c! L.,-- , t , . . 1 /' ( i t ViiN:\ CO . '- 10 SIIIII: Ji [.. i Er, ..„. „, ,. .,. ._ 1 f• r n t4 I ' I ,-4 ii L. '.' .,. ,,•, 1.• = 3 d 1 _ I „ n Ln li z„,,, :.) .. 0 , .... I 7--J \.1 LI 7) -1:111- . uo 1.017priD.c:Pt i LII - r 0 1 1 —iiii.• 1 > cu 4.1 pie-Aeinog aounpuedepui sp. a i . 4----1-1 1 ).,-..r.,,,..,4.---1-1130- 111U til ____1 .., , c I ___ - _ _ -- ,..„„'„ ii 1H H Jig 1 11-1 1 _ klY IIr.J. L_, At. [- / i IA j ,,,,,, ikte,gt 1 . i .c..fIL_ ,,. ...-, r r, , 1 ii 1 r I ' ' 1 I 1 1 1 1 1 1 ..... Ir, ,f6rly% • • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PEMBROKE SQUARE ASSOCIATES, LLC [Applicant & Property Owner] Conditional Use Permit for Outdoor Recreational Facility. 4554 Virginia Beach Boulevard (GPIN 1477562034). COUNCIL DISTRICT—BAYSIDE MEETING DATE: April 19, 2016 • Background: The applicant is the property owner of the Pembroke Mall, located in Town Center. This request is for a Conditional Use Permit for Outdoor Recreation to allow for marketing events within the parking lot of the Mall. These events include outdoor family activities such as music, costume contests, food service, carriage rides, amusements, etc. • Considerations: In recent years, these activities have been held at the Mall, each requiring a Special Event Permit. Approval of this Conditional Use Permit will provide a single "umbrella" approval; therefore, negating the need for individual Special Event Permits. Portions of the parking lot will be closed and temporary tents, stages, tables, equipment and other attractions will be placed in the parking lot. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with one abstention, to recommend approval of this request to the City Council with the following conditions: 1. The Outdoor Recreation activities shall only occur on the property highlighted on the location map, shown on Page One of this report. 2. The property shall be cleared of trash and debris at the conclusion of each event. Any additional trash, debris and recycling receptacles shall be removed at the conclusion of each event and the contents property disposed of at the end of each activity day. 3. Any tent erected on the property shall meet all applicable requirements of the Virginia USBC and the International Building Code and shall obtain any permits required by the Building Official's Office. Pembroke Square Associates, LLC Page 2 of 2 4. Tent set up and parking lot closure shall not restrict access to any fire hydrant or Fire Department connection 5. All events with food service shall adhere to the applicable standards and regulations of the Virginia Beach Health Department. 6. Up to 32-square feet of temporary signage is permitted for each Outdoor Recreational event. Such temporary signage may be erected up to 10 days prior to an event and shall be removed within 24 hours after the completion of each event. 7. All animal waste shall be disposed of in a lawful manner. 8. All Outdoor Recreational events and activities shall be operated in a manner that does not disrupt the residential neighborhoods in the vicinity of the property. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep. • en ' gency: Planning Departmen 41r llli ` i City Manager: '� Applicant/Property Owner Pembroke Square Associates, LLC Agenda Item Public Hearing March 9, 2016 City Council Election District Bayside 7 (m)(4. Virginia Beach Request Conditional Use Permit (Outdoor Recreational Facility) Bunker N111Lana s �.,.o` 4,, VWayfarea Lane % M4P ne Staff Planner Floral Street a Crown Poke Lane Lane�� o Carolyn A.K. Smith i Mann.Street b� f Location s 4 Br°ad _ ` 4554 Virginia Beach Boulevard ; 1 3 ; , VFgMlaBasch Boulevard a ; = o =.` GPIN e s cMaki Strep 3 14775620340000 a" a a i - • Columbus Street e Site Size 8 s i a Mina Drive a 26.68 acres Mandan Road ge i 1 Conestoga Road J Carapace D4.4 ' > et AICUZ 4, $ i a se 3 Less than 65 dB DNL �4, 3 o ,oat'" 9d 4% 044a .. WAp,c°°6 Existing Land Use and Zoning District 1 ,e ,g k Pembroke Mall/CBC-Central Business Core & B-3 Central Business rt. -,r Surrounding Land Uses and Zoning Districts 1 1; y, • yv r !, .,:t � � Norths r Single-family dwellings/ R-7.5 Residential *r_,!. a. , -1.. i;v\ ..• t South -if..11 . `o Corpat Aron"Lane -Jeanne-Street c ', Virginia Beach Boulevard � i ,, V a ' # ., Mixed retail, office /CBC Central Business Core . f , ,.: , v n ,, East > ! air. w Mixed retail, single-family dwellings/CBC "‘r--;.-- , : _ `'; 1 i1 Background and Summary of Proposal • This request is for a Conditional Use Permit for Outdoor Recreation to allow for marketing events within the parking lot of the Pembroke Mall. These events include outdoor family activities such as music, costume contests,food service, carriage rides, amusements,etc. • The Pembroke Mall has held these events in recent years, each requiring a Special Event Permit. A Conditional Use Permit for Outdoor Recreation will provide a single "umbrella" approval for all of these events;therefore, individual Special Event Permits will not be required. • Portions of the parking lot will be closed and temporary tents, stages,tables,equipment and other attractions will be placed in the parking lot. • The 2016 seasonal events include: Summer Fun Days at Pembroke Mall, Halloween on the BOOlvd, Mayflower Marathon with the Food Bank of Southeastern Virginia, and Holiday Carriage Rides. 7 .t-to ' In P. �7pG �.R �� 4ir��s - oo. t Zoning History .Zy o ■el -` 7�G� �IO?,'O -2 1 CUP(Indoor Commercial Recreation)Approved ,,3�7 11 ■c1� 10 `. 03/17/2015 --, I _ �s. REZ(B-3 and B-3A to CBC)Approved 02/25/2014 t% A -;�� :2 CUP(Religious Use)Approved 02/14/2006 �� 2 CUP(Flea Market)Approved 02/26/2013 ��'.; "e411.----- Approved 12/01/2015 ❑ • CUP(Private School)Approved 01/22/2013 c� o _ CUP(Automobile Service)Approved 04/08/1997 >: p gym. 4 REZ(B-3 to B-3A)Approved 05/10/2005 ® 2 5 MOD Approved 01/08/2013 5 ©1 4 & n •. 13 1' Er I CUP(Private School)Approved 07/11/2006 'ft � , . REZ(B-3 to B-3A)Approved 02/08/2000 i �` i =irzir No 1 •BC IIS j 84-01 6 CUP(Multi-family Home)Approved 01/08/2013 ' �, ,____j 1 REZ(B-3 to B-3A)Approved 10/10/2000 Application T 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 This request is located in the Pembroke Strategic Growth Area, overlapping two subareas in the Central Business District: the Central Business Core area and the Central Business Waterfront Area.The Central Business District is intended to be the most densely developed and intensely occupied area in the city,with zero lot line buildings and the highest permitted building heights(p. 25).The vast "superblock" Pembroke Mall/Sears property is anticipated to gradually replace surface parking with new buildings in an urban, pedestrian-friendly design filling in a grid pattern similar to that found in Town Center.As written,the proposal seems to fit better under the "outdoor recreation" category than "open air market category" as defined by the City Zoning Ordinance. Regardless of the terminology,the proposed seasonal, outdoor events are encouraged and recommended in this area to increase outdoor activity,visual interest and draw people to our Central Business District.These events will make use of and activate space otherwise used only for parking vehicles. Pembroke Square Associates, LLC Agenda Item 7 Page 2 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed.As the mall property is almost entirely developed,there are no environmental features on the site. It is not anticipated that there are any cultural resources on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 56,240 ADT 1(LOS 4"C") Virginia Beach Boulevard 46,098 ADT 1 64,260 ADT 1(LOS'"E") 3 Existing Land Use 2 22,313 ADT 56,240 ADT 1(LOS°"C") Proposed Land Use —No Change Independence Boulevard '48,743 ADT 1 Expected 64,260 ADT 1(LOS 4"E") 1Average Daily Trips 2as defined by a 623,479 3as defined by typical special events at 4 LOS=Level of Service square foot shopping mall a shopping mall Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane, major arterial road within a 175-foot wide right-of-way. The MTP shows an eight-lane right-of-way of 155 feet. There are no current roadway CIP projects scheduled for this segment of the boulevard. Independence Boulevard is an eight-lane, major arterial roadway with a varying right-of-way of approximately 155 feet to 175 feet in width.The MTP shows an eight-lane, major arterial with an ultimate width of 155 feet.There are no roadway CIP projects planned for this section of Independence Boulevard. Public Utility Impacts Water&Sewer This property is connected to both City water and sewer. No impacts to these utilities are anticipated. Evaluation and Recommendation Staff is supportive of the request for a Conditional Use Permit for Outdoor Recreational Facility at the Pembroke Mall. Traffic Engineering Staff does not anticipate any negative impacts related to the request. The mall has held special events in the past without any incidence, and therefore, Staff does not foresee any negative impacts as a result of granting the request, subject to the recommended conditions below. Recommended Conditions 1. The Outdoor Recreation activities shall only occur on the property highlighted on the location map, shown on Page One of this report. 2. The property shall be cleared of trash and debris at the conclusion of each event. Any additional trash,debris and recycling receptacles shall be removed at the conclusion of each event and the contents property disposed of at the end of each activity day. Pembroke Square Associates, LLC Agenda Item 7 Page 3 3. Any tent erected on the property shall meet all applicable requirements of the Virginia USBC and the International Building Code and shall obtain any permits required by the Building Official's Office. 4. Tent set up and parking lot closure shall not restrict access to any fire hydrant or Fire Department connection. 5. All events with food service shall adhere to the applicable standards and regulations of the Virginia Beach Health Department. 6. Up to 32-square feet of temporary signage is permitted for each Outdoor Recreational event. Such temporary signage may be erected up to 10 days prior to an event and shall be removed within 24 hours after the completion of each event. 7. All animal waste shall be disposed of in a lawful manner. 8. All Outdoor Recreational events and activities shall be operated in a manner that does not disrupt the residential neighborhoods in the vicinity of the property. 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. Pembroke Square Associates, LLC Agenda Item 7 Page 4 Proposed Site Layout 514 f. ciiii proldn , .rQ ys' g 00 s � / 2ti ? Ar -\ / - -,y dila '\N\W/z/' ":"7":= / --;1 4 ritzA %! , / / /./i//� i 3 4 F 2 L P / it Z 411TH BYfEINl/WI.OH V0...e 6 0 RV M.�rne+wwiy 3 o Z Pembroke Square Associates, LLC Agenda Item 7 Page 5 Aerial a R s . ,i . i • t $- i •-.. g 41, - o Cor orod.Ilk atio�n* t rya 2, .a i J e a nen Star . etlit ;� .. e ` is:; , w • 4112 ta _,I 1 .,,,.... .. ‘7,'i','r ,- .i. i ji �r ' .r r• a...., l c 111a. k 1 .7:: Ai. . -13 . rola Beat. Bou]evar o . .. . Pembroke Square Associates, LLC Agenda Item 7 Page 6 Site Photos i i -...,, \ '\- ; A ' ' 6, MI-; .,�, `.. , - Fr"' '''''' -4 . i 1 - , . • , , -. - , , F, , c " I t, ,a Sp t 1- - __ xi,� r... A'A` _ate. L Pembroke Square Associates, LLC Agenda Item 7 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 t • 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 FOR CITY USE ONLY/A!t disclt7nnes must be updated tv,o(2.u eeks[-Ho tc any Page 1 of 4 Ptannmg Commiss,or.and City C ouncit nteeung that pertains to the apple ation;st Er APPLICANT NOTIFIED OF HEARING DATE 1_I NO CHANGES AS OF =j 4 j.a,f(,( DATE C (t'�� f 0 _REVISIONS SUBMITTED DATE J Pembroke Square Associates, LLC Agenda Item 7 Page 8 Disclosure Statement Vii3 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) Pembroke Square Associates L.L.C.; managers and primary principals are: Vincent R. Olivieri,Richard E. Olivieri and Frederick J. Napolitano (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Numerous entities and business entities are affiliated with the Applicant through its various principals named above - -- r - kt4 ct,_IA E, } [ t.. 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. U Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. I__I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners, etc. below: (Attach list if necessary) (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. Pembroke Square Associates, LLC Agenda Item 7 Page 9 Disclosure Statement NiB 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. f 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) C IX Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Inl the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n V purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I^I Construction Contractors Inl Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Pembroke Square Associates, LLC Agenda Item 7 Page 10 Disclosure Statement Virginia Beach Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) /` X Legal Services _ `I-1�i`C c\fir:\ ", 1111 t,ACilli Real Estate Brokers/Agents for X current and anticipated future sales of the subject property �,,-.. „ ,..____---• -- .-.,.22n,�,,m..17,a,.. ,M.�RI.�,.,.. � ,:.. � te. - . 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 X 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/. .f any public body or committee in connection with this Application. See Attached /_ a /c- :PP CANT'S SIGNATURE PRINT NAME DATE f1BROKE SQUARE ASSOCIATES LL �» Richard E. Olivieri PROPERTY OWNER'S SIGNATURE PRINT NAME Operating Manager 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. Pembroke Square Associates, LLC Agenda Item 7 Page 11 Disclosure Statement APPLICANT: Pembroke Square Associates,L.L.C. MANAGERS AND MEMBERS OF APPLICANT: Vincent R.Olivieri Richard E.Olivieri,Jr. Christopher C.Olivieri John B.Olivieri Michael V.Olivieri Rosemary L.Olivieri Frederick J.Napolitano,II Theresa Napolitano John C.Napolitano AFFILIATES OF APPLICANT/MEMBERS: Napolitano Homes Frederick J.Napolitano,II Theresa Napolitano John C.Napolitano Terry/Peterson Residential Companies John Peterson Jr. John Peterson III Lucky Peterson Associated Development Management Corp. John B.Olivieri Michael V.Olivieri Pembroke Commercial Realty,LLC Ramsay Smith Kathy Harris Pembroke Square Associates, LLC Agenda Item 7 Page 12 Item#7 Pembroke Square Associates, L.L.C. Conditional Use Permit 4554 Virginia Beach Boulevard District 4 Bayside March 9, 2016 CONSENT An application of Pembroke Square Associates, L.L.C.for a Conditional Use Permit(Outdoor Recreational Facility)on property located at 4554 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1477-56-2034- 0000. CONDITIONS 1. The Outdoor Recreation activities shall only occur on the property highlighted on the location map, shown on Page One of this report. 2. The property shall be cleared of trash and debris at the conclusion of each event. Any additional trash,debris and recycling receptacles shall be removed at the conclusion of each event and the contents property disposed of at the end of each activity day. 3. Any tent erected on the property shall meet all applicable requirements of the Virginia USBC and the International Building Code and shall obtain any permits required by the Building Official's Office. 4. Tent set up and parking lot closure shall not restrict access to any fire hydrant or Fire Department connection. 5. All events with food service shall adhere to the applicable standards and regulations of the Virginia Beach Health Department. 6. Up to 32-square feet of temporary signage is permitted for each Outdoor Recreational event. Such temporary signage may be erected up to 10 days prior to an event and shall be removed within 24 hours after the completion of each event. 7. All animal waste shall be disposed of in a lawful manner. 8. All Outdoor Recreational events and activities shall be operated in a manner that does not disrupt the residential neighborhoods in the vicinity of the property. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE I I II Item#7 Pembroke Square Associates, L.L.C. Page 2 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item 7 for consent. Carol Hahn appeared before the Commission on behalf of the applicant. is cN.A , , , .11- moi/ i� iiiill*I t\\._ li lk, Al ilits\iis, _r___--- t: , 0 l� ��i Q, v . .. .„,„0:, t. 1 t:41.11111;:‘,,gp.ap404 ' •"7- 7 !" I _4:4,,A, 44.-A\ , 3 „o �g� 00, , isi.,,.00i.o..., tt, _ . :, el Atli '.‘ GI . 1:': 4\ �� 6°� s _ r, efo:, <,... ... _, . gPi. # ,,, ..,, 0. •'!. , 0 ....•:-. 4,001.111119 \ .. atw, . ,.../ ..04, 0 ‹) . -,,_ ,-,litook. y..,4,_ . -,. -„, 4.-ia s ..,,,, ....,„ ,. 1140AfrIP,tJ AlP IMIL • , r, k -- .� �-'_ IR z-----_,,,r 41104. L ; -p: tI AL iii, 4 `+ t4 f 'M1 iNr J rri tet`��✓' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:ASHDON BUILDERS, INC., ESTATE OF BERTHA H. CAFFEE [Applicant] ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK, JAMES M. SMITH, SR. [Owner], for a Change of Zoning (AG-2 Agricultural District to R-10 Residential District) Comprehensive Plan: Suburban Area. Proposal is for 1 single-family dwelling (density of 2.32 units per acre), Subdivision Variance to Section 4.4(b) of the Subdivision Regulations, Floodplain Variance to Section 4.10.6.3 of the Floodplain Ordinance. North side of Princess Anne Road, approx. 460 feet east of Fenwick Way (GPIN 2404234958); Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District) Comprehensive Plan: Suburban Area. Proposal is for 17 single-family dwellings (density of 2.16 units per acre), Subdivision Variance to Section 4.4(b) of the Subdivision Regulations. 2344 Princess Anne Road (GPIN 2404244097); North side of Princess Anne Road, approximately 460 feet east of Fenwick Way (GPIN 2404234958000). 2344 Princess Anne Road; North side of Princess Anne Road, approximately 460 feet east of Fenwick Way (GPINs 2404241430, 2404234958). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: April 19, 2016 • Background: The submitted concept plan depicts the extension of Pierce Lane to the east with 16 new single family parcels carved out of the almost nine-acre Lot 2. The plan also depicts Lot 1, which will have a single-family unit on it and will provide direct access to Princess Anne Road for the clearing and infrastructure installation activities in preparation for the construction of the new homes. An existing dwelling with a driveway with direct access to Princess Anne Road is also shown on a reconfigured Lot 2. The overall density for the entire project, including Lot 1 (0.43 acres), Lot 2 (8.79 acres), and a 2,050 square foot parcel (0.043 acres) that will be incorporated into Lot 2 (which is currently zoned R-10), is proposed as 1.94 units per acre. A Subdivision Variance to create both Lot 1 and the reconfigured Lot 2 is also being requested, as much of the parcels' land area is within the Floodplain Subject to Special Restrictions and the Zoning Ordinance does not allow property within this floodplain to count towards meeting either the lot area or lot width minimum requirements. A Floodplain Variance is also requested for Lot 1 for fill associated with a driveway, lot drainage, the dwelling's foundation, the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line. ' II Ashdon Builders, Inc. Page 2 of 3 • Considerations: The City of Virginia Beach/NAS Oceana Joint Review Process group reviewed the proposal on March 26, 2015, and found it to meet the requirements of the AICUZ Overlay Zoning Ordinance, as the density of the adjacent Princess Anne Quarter neighborhood is 2.44 units per acre and this proposal is 1.94 units per acre. The submitted concept plan depicts the extension of Pierce Lane to the east with up to 16 new single-family dwellings, all compliant with the R-10 Residential District minimum requirements, which is the same zoning as the existing and adjacent Princess Anne Quarter neighborhood. In Staff's view, the high quality building materials that are proposed by Ashdon Builders are comparable in quality and design to the exterior building materials on the existing homes in Princess Anne Quarter. In addition, the square footage of the homes as proffered by Ashdon Builders is consistent with square footages proffered by the developer of Princess Anne Quarter. When Lot 1 was established in 1962, it met all of the A-R Agricultural District requirements; however, the lot was never legally platted. Interestingly, the lot has a unique Geographical Parcel Identification Number(GPIN), typically assigned to legally established lots, and the City has taxed the parcel as configured for almost 50 years. In Staffs view, the granting of the Floodplain Variance is acceptable due to the physical characteristics of the property, as opposed to a personal hardship of the applicant. • Recommendations: Opposition was present at the Planning Commission meeting. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council, subject to the proffer agreement and the following additional conditions. Subdivision Variance Conditions: 1. Lots 1 and 2 shall be legally recorded substantially as depicted on the submitted exhibits entitled "Exhibit for Subdivision Variance, Proposed Lot 1, Princess Anne Quarter East for Ashdon Builders,"dated October 7, 2015, prepared by John E. Sirine & Associates, Ltd., "Exhibit for Subdivision Variance, Proposed Lot 2, Princess Anne Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd., which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. Ingress/egress to a public right-of-way for Lots 1 and 2 shall be limited to Princess Anne Road, as depicted on the exhibits referenced in Condition 1 above. Floodplain Variance Conditions: Ashdon Builders, Inc. Page 3 of 3 1. When Lot 1 is developed, it shall be in substantial conformance with the exhibit entitled, "Floodplain Variance Exhibit of Single Family Residence on Lot No. 1, Subdivision of Property of Fannie Caffee, Located Near P.A. Courthouse," prepared by John E. Sirine &Associates, Ltd., dated January 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The construction access way and entrance for Lots 3-18 for Princess Anne Quarter East, as depicted on the exhibit entitled, "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East," prepared by John E. Sirine & Associates, Ltd., dated January 20, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, for clearing activities, the installation of utilities and the stormwater management facilities and the sub-base for Pierce Lane extended shall be immediately adjacent to the proposed 20-foot wide utility easement depicted on the exhibit referenced in Condition 1 above, and shall be in accordance with Public Works Standards and Specifications. There shall be no construction of the dwelling on the subject lot until all of the site development work is complete. 3. Any fill on the site, fill associated with a driveway, lot drainage, the dwelling's foundation, the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line shall be the minimum necessary and in accordance with the requirements outlined in Section 4.10.B.4. of the Floodplain Ordinance. 4. The dwelling shall be elevated using a raised crawl space with appropriate flood vents or using a pile foundation to minimize the volume of fill. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval (10-0, with 1 abstention (Commissioner Inman)). Ti Submitting Departure ency: Planning Department , ' City Manager: Applicants Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item Property Owners Estate of Bertha H. Caffee, Thomas Clay Caffee, Jackie Welton Davis, Mary Melissa Caffee- D2 (.,, Peacock, James M. Smith, Sr. Virginia Beach Public Hearing February 10, 2016 City Council Election District Princess Anne Requests Rezoning(Lot 1:AG-2 to R-10 Residential) Conditional Rezoning(Lot 2:AG-1&AG-2 � eft Agricultural to Conditional R-10 Residential) "'t. �C, Zir Subdivision Variance (Lots 1&2:Section 4.4(b)of "�'"w the Zoning Ordinance) �vy- rt JJ � Floodplain Variance (Lot 1:Section 4.10.8.3 of the ,,,114, 41.0.1,1, Floodplain Floodplain Ordinance) rv0.0\-,4 swot r rIo` C6ti� ., • R-10 Staff Planner tv y��iF� I�> ��!r Carol n A.K. Smith _ ��4ts`N�' 0.0% v4 Location Q�� O '��J p� ,�, 2344 Princess Anne Road; North side of Princessd aQ Q� ' + t� �a Anne Road,approximately 460 feet east of ./ e, i ®;) t, ,C�Ow Ilr' � :%'''� A Qt 1"-+ �C Fenwick Way 24042414300000; 24042349580000 Site Sizes Lot 1: 18,796 square feet(0.43 acres) Lot 2: 8.83 acres(8.79 acres to be rezoned), (2,050 square feet to be incorporated into Lot 2) AICUZ 65-70 dB DNL; Sub Area 2 0% Existing Land Use Lot 1 is a wooded, undeveloped parcel.There is a t single-family dwelling on Lot 2. d. i - Surrounding Land Uses and Zoning Districts ; '' � ,0* , ,: North t ~ ,� - ' ' ' Woods, park, single-family homes/AG-1 &2 . �'. , J� , i ,�o. ..„,:s. ,Agricultural, R-10 Residential rti ; ' � ; South �, -4./,(e.,-,)14,:x. ^v x " 0d y j + p Princess Anne Road o r .. V y , r,c,:. Vacant property/AG-2 Agricultural 1.--e `' ,� East a "i - a Single-family home,vacant wooded parcel/AG-2r r --°" Agricultural • prii,c�ss q',,, »R,oid West Single-family homes/Conditional R-10 Residential Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 1 Background and Summary of Proposal • The adjacent, 31-acre Princess Anne Quarter neighborhood was developed in the early 2000s following the approval by the Virginia Beach City Council for a rezoning request in 2001.The single family neighborhood consists of 77 lots with vehicular ingress/egress along Princess Anne Road.A public street within the existing Princess Anne Quarter neighborhood, Pierce Lane, was designed with a future connection to this site. • The applicant proposes to rezone two agriculturally zoned parcels, Lot 1 and Lot 2. The submitted concept plan depicts the extension of Pierce Lane to the east with 16 new single family parcels carved out of the almost nine- acre Lot 2. The plan also depicts Lot 1,which will have a single-family unit on it and will provide direct access to Princess Anne Road for the clearing and infrastructure installation activities in preparation for the construction of the new homes. An existing dwelling with a driveway with direct access to Princess Anne Road is also shown on a reconfigured Lot 2. The overall density for the entire project, including Lot 1 (0.43 acres), Lot 2 (8.79 acres), and a 2,050 square foot parcel (0.043 acres)that will be incorporated into Lot 2 (which is currently zoned R-10), is proposed as 1.94 units per acre. • Despite the fact that Lot 1 met all of the A-R Agricultural District requirements when it was established in 1962 and that the City has taxed the lot as configured for almost 50 years, it was never platted as required. A Subdivision Variance to create both Lot 1 and the reconfigured Lot 2 is requested, as much of the parcels' land area is within the Floodplain Subject to Special Restrictions.The Zoning Ordinance does not allow property within this floodplain to count towards meeting either the lot area or lot width minimum requirements. • While physically Lot 1 will contain a total of 18,796 square feet and be 109 feet wide, only 2,013 square feet is counted towards lot area and zero feet for lot width due to the existence of the Floodplain Subject to Special Restrictions. Additionally, proposed Lot 2 is depicted on the concept plan with a total of 17,387 square feet; however,only 6,327 square feet may be counted towards lot area and zero feet for lot width.The table below compares the relevant dimensional requirements of the R-10 Residential District with those proposed for Lot 1 and Lot 2. Required Lot 1 Lot 2 Lot Width in feet 1 80 f � 4 Lot Area in square feet 10,000 1 Lot width is measured at the required front yard,not at the right-of-way. • A Floodplain Variance is also requested for Lot 1 for fill associated with a driveway, lot drainage,the dwelling's foundation,the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line. • Almost 2.50 acres of forested wetlands are present on Lot 2. The applicant is pursuing permits through the United States Army Corps of Engineers to fill almost three-quarters of an acre of the forested wetlands that exist along the back portion of eight of the proposed lots. • The Department of Parks and Recreation requested that the applicant dedicate to the City the proposed open space area west of Lot 18, including the stormwater management facility.This 3.35 acres of open space will connect to Litchfield Manor Park, as well as to the Princess Anne Quarter Park, and will be owned and maintained by the City.The amount of open space exceeds the minimum requirement of 15,000 square feet. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 2 • Vehicular ingress/egress will be provided through the existing Princess Anne Quarter neighborhood, which has a connection to Princess Anne Road. Right and left turn lanes were installed along Princess Anne Road to facilitate traffic movements at the entrance of the neighborhood. Sidewalks are proposed on one side of the Pierce Lane extension in a manner consistent with the existing neighborhood. • The vacuum sanitary sewer system that would serve the proposed 17 new units is above capacity and cannot accept new connections. Staff has been working with the applicant to develop a means of upgrading the system to accommodate this development as well as any future development on the adjacent parcel to the east, and to provide capacity for 11 existing residential sanitary sewer connections that are now diverted to another service area. • The proffered dwelling elevations depict exterior building materials of brick,stone and/or cement fiber board. The minimum square footage of living area of the proposed two-story homes is 2,300 square feet and 2,000 square feet for any one-story home. A two-car garage is required for each new dwelling. • As the properties are within the 65-70 noise zone,Sub-Area 2,the request was presented to the City-Navy Joint Review Process Group in March of 2015. No objections were raised as the proposed density is consistent with the surrounding developments. Zoning History # Request 1 CUP(Home Occupation)Approved 12/08/2015 CRZ(AG-1 and AG-2 to Conditional R-10)Approved 10/23/2001 2 CUP(Home Occupation)Indefinitely Deferred 05/22/2012 :0 CRZ(AG-1 and AG-2 to Conditional R-20)Approved §4CC!* 09/28/2004i4 674.4,44.0-,7 SVR Approved 10/28/2004 `,,,..!.0.,,,,,t,'�:, AGA � 4Z,,C CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved +J+,,1*°'�0,1�t,Z 01/28/1997 <i, �N�,4 � � I CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved kti3O03/11/1997 •f. t&-..;,,,,,,,vizt., ,,,,,z; �nkz�� l;-' 3 CUP(Religious Use)Approved 05/09/1995 104 v c�1� � /dti y,� C +��‘• '''.24.),4 ',.«+j 4 CRZ(Conditional R-10 to Conditional PD-H2(R-10)) ems' `GCI�L�`c��.J03 :i% Approved 08/10/2004 �.,t c,,,, 0- ° Q °p'+ `+ •�I� MOD Approved 08/10/2004 s 4a Vr ik— 01 CRZ(AG-1 and AG-2 to Conditional R-10)Approved :C:J� y � Q 05/25/1999 �_. o o I 5 CRZ(AG-2 Agricultural District to Conditional PD-H2(R- 7.5))Approved 07/02/2013 6 CUP(Open Space Promotion) Denied 10/26/2000 CRZ(AG-1 and AG-2 to Conditional R-10) Denied 10/26/2000 7 CRZ(AG-1 and AG-2 and R-10 to Conditional R-10) Approved 08/10/1999 SVR Approved 08/10/1999 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 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment,whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through ensuring adjacent compatible surrounding uses, quality and attractiveness of site layout and building design, improved interconnectivity and mobility, environmental responsibility, and effective buffering with respect to type, size, and intensity of the proposed use and its relationship to the surrounding uses. (p. 3-1, 3-2) More specifically,this site is in the vicinity of the West Neck Creek Greenway and West Neck Creek Natural Area. This greenway corridor is part of the City's efforts to acquire, manage and protect lands in a strategic manner to develop an interconnected system of green spaces that conserves natural ecosystem functions, sustains clean air and water and provides places for flood control, recreation and civic engagement. (p. 7-7, 7-8) Natural and Cultural Resources Impacts The property is located in the Southern Rivers Watershed. No land disturbance is proposed within the 50-foot Southern Rivers Watershed Buffer. Approximately 2.5 acres of forested wetlands are located on Lot 2. Portions of the property along Princess Anne Road are within the Floodplain Subject to Special Restrictions. Specifically,areas within the reconfigured Lot 2, as well as portions of proposed Lots 1 and 10, include property within the AE flood zone. Section 4.10 of the Floodplain Ordinance prohibits new residential structures in the Floodplain Subject to Special Restrictions(Special Flood Hazard Area (SFHA))on lots recorded after October 23, 2001. The existing house on Lot 2 is located outside of this sensitive area and the proposed dwelling on Lot 10 will be placed outside of the SFHA. The placement of a dwelling on Lot 1 is more problematic as a dwelling cannot be placed outside of the SFHA, necessitating a Floodplain Variance. Traffic Impacts Street-Name Present Volume Present Capacity Generated Traffic Princess Anne Road 14,667 ADT 1 15,000 ADT'(LOS 4"D") Existing Land Use 2—20 ADT Proposed Land Use 3-200 ADT_ 'Average Daily Trips 2as defined by two 3as defined by 19 single-family 4 LOS=Level of Service agricultural parcels dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is a two-lane, minor suburban arterial with a variable width of 65 to 80 feet in the vicinity of this site. The MTP indicates an ultimate right-of-way width of 70 feet. There are no CIP projects scheduled for this portion of Princess Anne Road. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 4 Public Utility Impacts Water The existing Lot 2 is already connected to City water. Lots 1, and 3—18 must connect to City water.A hydraulic analysis is required during final site plan review to ensure that water demand can be met.There is an existing 16-inch City water main along Princess Anne Road.There is an existing six-inch City water main along Pierce Lane. Sewer The City Code and the Master Bond Resolution require a developer to install and pay for the water and sanitary sewer infrastructure necessary for a proposed development. The vacuum sanitary sewer system that would serve the proposed 17 new units is above capacity and cannot accept new connections. The existing vacuum system is about 50 connections over capacity, and Public Utilities would like to provide capacity for 11 existing connections that are now diverted to another service area. Under the Department of Public Utilities' current policies,the water and sewer fund may be used to participate in the cost of improvements over and above the developer's responsibility. Public Utilities Staff has proposed to the applicant a proportional cost-share on the basis of the number of residential units that would be accommodated by the system. Based on discussions with the property owners of the vacant parcel to the east adjacent to Princess Anne Quarter(GPIN 2404-24-5926),they also plan to seek a rezoning in the future in order to construct up to 35 residential units. While Staff has not reviewed any plans nor acknowledged the property owners' ability to obtain a rezoning for 35 residential lots, it is clear that any project on that site would also face this similar challenge related to City sewer service. City Staff is currently working to create a three-way, cost participation agreement that is amenable to all parties. School Impacts School Current Enrollment Capacity Generation i Mange Princess Anne Elementary 519 586 3 3 Princess Anne Middle 1,459 1,563 2 2 Kellam High 1,986 1,861 2 2 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). _ Evaluation and Recommendation CHANGE OF ZONING The City of Virginia Beach/NAS Oceana Joint Review Process group reviewed the proposal on March 26, 2015, and found it to meet the requirements of the AICUZ Overlay Zoning Ordinance, specifically the Sub-Area 2 criteria. For property within Sub-Area 2 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the City Council finds that the proposed development: (i) Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and (ii) Conforms to the applicable provisions of the Comprehensive Plan, including,without limitation,the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. The density of the Princess Anne Quarter neighborhood is 2.44 units to the acre and the proposed density with this request is 1.94 units to the acre. Generally,the proposed lots and dwellings will be similar to those in the existing neighborhood in terms of type, size, and intensity of use. Ashdon Builders, Inc., Estate of Bertha H.Caffee Agenda Item D2 Page 5 The proposed residential development is designed to be an expansion of the adjacent residential development, known as Princess Anne Quarter.A street within this subdivision, Pierce Lane,was designed with a future connection to the parcel under consideration with this rezoning request. The submitted concept plan depicts the extension of Pierce Lane to the east with up to 16 new single-family dwellings,all compliant with the R-10 Residential District minimum requirements,which is the same zoning as the existing Princess Anne Quarter neighborhood. While the submitted elevations and proffers indicate a primary exterior building material of cement fiber siding with brick and/or stone accents, in Staff's view,these are high quality building materials that are comparable in quality to the primarily brick front facades of the existing homes in Princess Anne Quarter. The rear facades within Princess Anne Quarter are typically vinyl siding. The change of zoning is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area. The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a brief evaluation of the applicable Guidelines: SITE DESIGN Natural Features: The Guidelines recommend that layout designs be respectful of significant features. Much of the property is heavily wooded.The majority of the mature trees are located where the Pierce Lane extension and the dwelling footprints are proposed. Due to the shape of the parcel, impacting much of the woods is unavoidable.The narrowest portion of the property, behind the existing homes on Pierce Lane, is basically unbuildable and is sparsely wooded. Approximately 2.50 acres of forested wetlands are present on the site. The applicant is seeking a permit from the United States Army Corps of Engineers to fill an area of approximately 33,000 square feet on the rear of lots 11 to 18. Unfortunately,the amount of fill necessary to elevate the proposed lots will require the removal of most of the existing trees. The Floodplain Subject to Special Restrictions is also present on portions of the property along Princess Anne Road and on the northern edge of the site.The applicant has agreed to dedicate 3.35 acres to the City,which comprises of over 1.5 acres of forested wetlands. Access&Circulation:The Guidelines recommend minimization of traffic conflicts and access points and emphasize safety. The Comprehensive Plan encourages interconnectivity between neighborhoods for reasons of safety and traffic flow, including the movement of pedestrians/bicycles.The conceptual site plan indicates that vehicular circulation will be provided by the extension of an existing street from the adjacent neighborhood. The proposed extension of Pierce Lane is consistent with this policy and sound planning practices, hence the reason the stub was established when the Princess Anne Quarter neighborhood was designed and approved. Sidewalks only exist within the neighborhood on main thoroughfares.As such, no sidewalk is proposed within the cul-de-sac.Comments from Traffic Engineering indicated that, as with all new developments,the proposed roadway's width and the cul-de-sac radius must all meet Public Works' Standards. Landscaping: The Guidelines recommend that during the design process new development should,within reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in high visibility areas of the site. As mentioned above,the prime development area is densely wooded.The individual homes will be required to meet the minimum requirements of the Tree Planting, Preservation and Replacement Ordinance, in this case at least 600 square feet of new tree canopy unless existing trees on site are preserved.Also, street trees will be also be required along Pierce Lane and must be depicted on a Master Street Tree Plan that will be submitted with the construction plans. Stormwater Management as Landscape Features:The Guidelines recommend that stormwater management facilities be integrated into the neighborhood design as open space, landscape and streetscape amenities. Given the configuration and characteristics of the site,the stormwater management facility will be somewhat isolated and will not provide aesthetic value to the general public.The configuration of the parcel and natural topography dictate the location of the proposed stormwater management facility behind several existing homes. The applicant plans to dedicate this area to the City for a wildlife connection to Litchfield Manor Park and the Princess Anne Quarter Park. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 6 Signs: No additional signage is planned along Princess Anne Road, nor within the Princess Anne Quarter neighborhood. Setback& Building Location: Residential structures should abide by the setback provisions of the City Zoning Ordinance. The project reflects this Guideline. BUILDING DESIGN Architectural Elements and Building Materials:Architectural materials used on structures should be long-lasting, attractive,and high quality while reflecting the character of the area associated with it. Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment.Visual interest should be provided through window and door details,varied rooflines, consistent textures and color, as well as staggered placement of the buildings.The proposal entails the creation of single-family lots, consistent with the existing residential neighborhood.The submitted elevations appear to be in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area.The submitted application states that the homes will have fronts of brick, stone and or cement fiber board. Staff is satisfied with the proffered elevations but it should be noted that the proffers for Princess Anne Quarter dictate a minimum of brick on the front facade based on the dwelling's size. SUBDIVISION VARIANCES As mentioned above, when Lot 1 was established in 1962, it met all of the A-R Agricultural District requirements; however,the lot was never legally platted. Interestingly,the lot has a unique Geographical Parcel Identification Number (GPIN),typically assigned to legally established lots, and the City has taxed the parcel as configured for almost 50 years. During Staff's review of the overall development, it was revealed that a Subdivision Variance would be required to legally establish this parcel and,just like the reconfigured Lot 2, much of the lot's land area is within the Floodplain Subject to Special Restrictions. The Zoning Ordinance specifically excludes property within the Floodplain Subject to Special Restrictions from counting towards meeting either the minimum lot area or lot width requirements. Neither Lot 1 nor Lot 2 will meet these minimum requirements due to the location of the Floodplain Subject to Special Restrictions on these sites,thereby necessitating a Subdivision Variances in order to create these parcels. Lots 1 and 2 will technically have zero feet of frontage along Princess Anne Road, rather than the 80 feet of width required,and both lots will be below the minimum lot area requirement of 10,000 square feet,with 2,013 and 6,327 respectively. Unlike Lot 1, Lot 2 does have an existing dwelling on it and a driveway with a connection to Princess Anne Road.As one travels along Princess Anne Road, no discernable difference will be apparent between Lots 1 and 2 and other R-10 parcels in the vicinity that meet the lot width and lot area requirements. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 7 FLOODPLAIN VARIANCE Section 4.10.B.3 of the City's Floodplain Ordinance prohibits residential dwellings from being constructed in the Floodplain Subject to Special Restrictions on lots created after October 23, 2001. Unlike Lot 2, Lot 1 does not have ample area outside of this flood zone to construct a dwelling; therefore, the proposed home and driveway require a Floodplain Variance. It should be noted that if the existing dwelling on Lot 2 is removed, any new home must adhere to the regulations of the Floodplain Ordinance, which could result in the need of a Floodplain Variance. In addition to the request for the dwelling,the relocation of a drainage ditch along the western property line of Lot 1, along with the provision of a construction access to Princess Anne Road (rather than through the Princess Anne Quarter neighborhood) for all clearing and infrastructure installation activities associated with the development are components of this Floodplain Variance request.The area of disturbance in the Floodplain Subject to Special Restrictions is approximately 15,500 square feet. No mitigation is proposed as the majority of the site is within this zone. Section 6.4 of the Floodplain Ordinance states: No variance shall be granted unless the following requirements are met: 1. Such variance will not create or result in: a. Unacceptable or prohibited increases in flood heights b. Additional threats to public safety c. Extraordinary public expense d. Nuisances; or e. Fraud or victimization of the public 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. Variances shall be the minimum necessary to provide relief. 6. All variances shall meet all of the requirements of the Chesapeake Bay Preservation Area Ordinance (Appendix F) and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. In Staffs view,the granting of the Floodplain Variance is acceptable due to the physical characteristics of the property, as opposed to a personal hardship of the applicant. Had the lot been legally platted in 1962 when it was created, a residential structure could be built on Lot 1 without a Floodplain Variance. Based on the unique situation that this property has been taxed by the City for nearly 50 years as a separate, buildable lot,Staff discussed the elements of this variance request with FEMA and has developed a set of conditions to address this situation that include limits to fill and land disturbance. Staff recommends a condition that when the dwelling is built, it be elevated using a crawl space with appropriate vents or placed on a pile foundation to minimize the volume of fill,which could result in an increase in flood risk for the surrounding properties. Based on the above evaluation, Staff recommends approval of the rezoning requests for Lots 1 and 2,the Subdivision Variances for Lots 1 and 2 and the Floodplain Variance or Lot 1, as proffered and conditioned below. Subdivision Variance Conditions 1. Lots 1 and 2 shall be legally recorded substantially as depicted on the submitted exhibits entitled "Exhibit for Subdivision Variance, Proposed Lot 1, Princess Anne Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd., "Exhibit for Subdivision Variance, Proposed Lot 2, Princess Anne Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 8 Quarter East for Ashdon Builders," dated October 7, 2015, prepared by John E. Sirine &Associates, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. Ingress/egress to a public right-of-way for Lots 1 and 2 shall be limited to Princess Anne Road, as depicted on the exhibits referenced in Condition 1 above. Floodplain Variance Conditions 1. When Lot 1 is developed, it shall be in substantial conformance with the exhibit entitled, "Floodplain Variance Exhibit of Single Family Residence on Lot No. 1, Subdivision of Property of Fannie Caffee, Located Near P.A. Courthouse," prepared by John E. Sirine&Associates, Ltd., dated January 28, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The construction access way and entrance for Lots 3-18 for Princess Anne Quarter East, as depicted on the exhibit entitled, "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East," prepared by John E. Sirine &Associates, Ltd., dated January 20, 2015,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department,for clearing activities,the installation of utilities and the stormwater management facilities and the sub-base for Pierce Lane extended shall be immediately adjacent to the proposed 20-foot wide utility easement depicted on the exhibit referenced in Condition 1 above, and shall be in accordance with Public Works Standards and Specifications.There shall be no construction of the dwelling on the subject lot until all of the site development work is complete. 3. Any fill on the site,fill associated with a driveway, lot drainage,the dwelling's foundation,the construction entrance and access, and disturbance related to relocating an existing drainage ditch along the western property line shall be the minimum necessary, and in accordance with the requirements outlined in Section 4.10.6.4. of the Floodplain Ordinance. 4. The dwelling shall be elevated using a raised crawl space with appropriate flood vents or using a pile foundation to minimize the volume of fill. Proffer Agreement 1. When the Property is developed, is shall be subdivided into no more than sixteen (16) new residential lots, plus the existing Caffee home site, designated "Lot 2, 15,337 SQ. FT." substantially as depicted on the "Preliminary Subdivision/Rezoning Plan of Princess Anne Quarter East,Virginia Beach,Virginia," dated January 20, 2015, and prepared by John E.Sirine&Associates, Ltd. ("Concept Plan"),which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed,each of the sixteen (16) new single family residential dwellings to be constructed shall contain no less than 2,000 square feet of enclosed living area, excluding garage for one-story and no less than 2,300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2)vehicles and the primary exterior building materials on each home will be brick, stone,cement fiber("Hardie plank") or a combination of these materials. Neither the size nor architectural features of the existing homestead or any future replacement of that home on the Caffee home site are regulated hereunder. Ashdon Builders, Inc., Estate of Bertha H.Caffee Agenda Item D2 Page 9 3. When the Property is developed,the sixteen (16) new residential dwellings shall have the quality exterior design and architectural features substantially as depicted on the exhibits entitled "Princess Anne Quarter East," dated January 20, 2015, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 10 Proposed Site Layout I:!,,,"1- • r .,4.. b eia `e se• /I lk, 1 43), .....H DV i d C li Lli '� " sIi L , « , -; i'/ Willi ° dia , ? a AI t, 44$1€ LL Ak I •\ ° m Ljk ' O 3 1i; J ° Pfii Mil� s E E ni 4- ami Q0 clet 0, [Q y1 f di I Pi `w #mE 4. !t--f f. 0 C ti gill B Y C a t u� d b6 iiiii 4 , , . 4r- Edi: mit 1 SI.. i ,.. c y� man a C CU /i " a c;°roams , ' ' OW � St_�, I r 'Olt ? i".4.-j}i■ 1 1 s ` #8 .uingAea 9 p£� N aiR�ifl .I •.d./.,7#�fy wlasw al 5 8F V g011i '' i lifl9 'iR c scri n d Q a E y r c IC ,I��II_,-'1 s Oi \ 11 f 0 m o IC ' j� i. i 1 1 15 13 ,I.:--1,-. g•-,., 1 ;` H ' ' , ill JV LL rik H 1<<y a E C 14; 'i. 9 ei - e$/ $ l 1- IP. $$a`/ sits• t !' 'i '9 E }Y; �- d s a$i6 °$i9$i a6°f a '4i ., bp, z rte- \. id ff 7. ' 1,-.•1 phi !Heti, , , S , z eJm « ij_ S 6a c., E •oil .;1E$1 q 1 { , ii pkpe .1 ' :• '° it i ti$ i i ImIHIp,L c,, i i si f E 9.e. Iill 4$ 4$i t t''it'i� t.rfl/ y6 y d Yle I J er " E -. ea€E i i ; 1I Existing Survey of Properties 111110.11••••.•...OA al 701:0111N OM PAM'I»a 7NI'SN3O 1113 NOOHSV NO, 0111'1P.'IOK Nsn',l i ivi i•Nr,Vf fO 31V153]0 A1tl3AOtld AJ 0 :NVL3, ppo ailej KhKt-.ort,.2..... 11„ x toacu of WG au x) 0 , �s. ,v.c,n tov kt.te t*1 ruM:Pawl A AMA.A ara d CO ., O N _ O O O -1 IJ S C ai B m N 1T III ~ 7777}}}}} 0.-- -.1 ,,,_ "101 Y ii;.;. M ; IOW. gi • 4114 ...a smiel.etr or.,.r. ::,,:: '' & el uJngAeti AA AWN te4001.0. „r. _ d itoaaa AA laarartiO 5. 31Pt1 VOI SONYA VA ` , • or..r. ore AAA. Altik..414.4 iAS lniiim 0.1.0,10140 A-- • S.441 9fgA nMa.a c nr raa rrnw S(.. Sfiill714141 ant sotrt,t„ # .,,,,,,v.'' fn laws _ _ WN'^ 'p,bio +vYr+Vs.xw OCV.O lM 1 t h. •. );roe Q4 bl 0 �✓ ,,,.....00.......•”1,1./.0 Pram a.,.a. • Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 12 , 1 II Subdivision Variance Exhibit, Lot 1 RENAMING PROPERTY OF CAFFEE ESTATE �� ' MS (D.B.720,P.559)( IR./2004110400117611330) - GPIN:2404-24-1430 S . If 02., LOT 67 • S. by i$ CPN 2404-24-1082 •'s _II.•h., NOW OR FORMERLY 'A m Cdr JOF81 D.MAY ` � (NS1R./20100329000286670) .. ' 1.111111.1 PROPOSED PROPERTY 111E ,jl� s9GF el z� A F a. • „ /B PART OF LOT 68 - S 1V , ..' BERTHPROPERATY OFFEE AND - _ -" 11; - • ..J°.''.• THOMAS CLAY CAFFEE, ET AL / sO • Z (NSTR./20041104001761330) `^ m m , (2030 SO.FT.) / ,•R (• �a J • m PART OF LOT 88 '.1 LOT GPIN 2404-23-2930 �,y �• !•.S Lm ! NOW OR FORMERLY = - 4 . s '.( GPIN 2404-24-4097 RAYMOND L HART ! SUBDIVISION OF (INSTR./2005501200010339) I -� ' ' ` NOW Y • :;-ART OF PROPERTY OF FANNIE CAFFEE VVV ''''';'<' : J A'/- (11.6.69•P.27) Ii BERTHA - ZONED89 AC 2 PROPERTY LIE ,i.J (D.B 720 P.569XW..97,P.167) NOW OR FORMERLY 10 EE VACATED 11 4000 PROPOSED • 1 • SEAN 0 R005 GPM POSE- • 1 (N; (NSTR/20100611000821380) TOTAL(17 S.F.) 2 •/i/ I� PAd+OSfD,LOT 2 (ZONED A F9 AREA of LOT -"0.1 (MST TIO uOED) — TOTAL AREA OF LOT 1 w1NR1 FI000 ZONE AE n (11.aeD sF) ! AREA LO • / � MEA OF LOT i N,•c • W111/1 FLOW ZONE AE ;4030.14?�70 /2 F 11 a (1x713 SF.) w �'�.,�� N k TP 8u "4 1.PROPERTY TAX PARCEL IDENTIFICATION Av . GPIN: 2404-23-4958 KI„n'.e '� 1• Y 3.ADDRESS: PRINCESS ANNE ROAD ;i 3.THE MERIDIAN SOURCE OF THIS SURVEY IS BASED ON PUT '1'`, RECORDED N INSTRUMENT NUMBER 200308280134446 yam.' 4.PROPERTY APPEARS TO FALL WITHIN FLOCO ZONE X(SHADED) 0� \,4\.�+ •VD I (AREA OF 0.2X ANNUAL CHANCE FLOOD; AREAS OF 1!ANNUAL wy CHANCE FLOOD MTH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR NIGH DRAINAGE AREAS LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS .4.4-4C \••4�., 1 THAN I SQUARE MILE AND AREAS PROTECTED BY LEVEES FROM 1% \ , ANNUAL CHANCE FLOOD)AND ZONE AE(SPECIAL FLOOD HAZARD AREA Y: Ya SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD)(100YEAR ,F � FLOOD),(BASE FLOOD ELEVATION-5.0,NAVD'88 AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE OTY OF VIRGINIA BEACH, VIRGINIA MAP NUMBER 5155310118E DATED MAY 4.2009. 0 50 100 150 200 FEET L i GRAPHIC SCALE: 1" = 50' EXHIBIT PROJECT:PRINCESS ANNE �j� FOR QUARTERS EAST JOH .` . 'P '•SSOCIATES, LTD. SUBDIVISION VARIANCE DATUM:NAVD (CVB PS 627-ELEV.=8 35) /, SURVEYORS•ENGINEERS•PLANNERS PROPOSED LOT 1 4317 BONNEY ROAD PRINCESS ANNE QUARTERS EAST SCALE:1"=50' VIRGINIA BEACH, VIRGINIA 23452 FOR SHEET 1 OF 1 DATE:10-7-2015 PHONE: (757) 486-4910 ASHDON BUILDERS, INC. FAX: (757) 486-4607 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 13 Subdivision Variance Exhibit, Lot 2 ef' REMAINING PROPERTY OF CAFFEE ESTATE "I., (0.8.720,P.559)(INSTR./2004110400117611330) "�, GPIN:2404-24-1430 )1 4 1, • 1 moo, LGT 6724-1082 ,,S),;,'• =O GP08842404- I J2 ''5V NOW OR FORMERLY € . i9 �,(, JOHN D.MAY I m f 2' .��' (19518./20100329000266670) . ~ !1♦ z se PROPOSED PROPERTY UNE �� ,-,0 m906� Ar __._ 5}�q F • • O • ., 5 7500•W 1F,-7,, • tg PART PPROPPEERLTOT6 , -�. N Yn 1lA�S;,0. BERTHA CAFFEE AND I" 4,. THOMAS CLAY CAFFEE, ET AL /;' .. • Z (INS1R. 1104001761330) _ (Tl • .,,' 2050 S0.FT.) ' .•V' )� •MR • PART OF LOT 68 • "4".7.:•4 tmpp• �py y� • E'•;e• GPIN 2404-23-2930 /, 4,% /02344 -542A00' 2 '' '.•.3 IAT N4 2 NOW OR FORMERLY _ mIS ,R' ..•9 .'.3 UFIN 2404-24-4097 RAYMOND L HART / _ SUBDIVISION OF (185TR./200501200010339) I R1 �7 ' :,'o PMT OF PROPERTY OF FANNIE CAFFEE 4'! • •`1I NBERTHAOW OR FC LY lam'+ _ ( .B.6 AC-27) PROPERTY UNE s, 7F▪• • (D.B.720�P.555599))((W.•T.P.167) NOWW ORSEAN FORMERLY TO BE VACATED I TOTAL AREA OF LOT 2 ROOS / GPM 2404-2 4958 (INSTR#20100811000821580) (17,367 SF.) / ,� (iaNm A '7) f.. AREA OF LOT81118N FLOOD ZONE AE iq�C PIIOPOBED LOT 2 • >` TOTAL AREA OF LOT 1 01,080 SF.) /N (111.796 SF,) / I (NOT NCLUDED) AREA OF LOT Ab 7j, ` a C Q 't'�"•,,,, 11111,4 FLOOD ZONE AE kir r ri �" s 1 w '`4,' (10.7&7 SF.) R4 1 Q iQ. 1 • tl ti ' if E' 'a:44.A, NB Ti r�q�. ,(` , \-'.4,2 1.PROPERTY TAX PARCEL IDENTIFICATION 4 �.. • * ;' CPIN: 2404-21-1430 N, 2.ADDRESS 2344 PRINCESS ANNE ROAD � 3.THE MERIDIAN SOURCE OF T1110 SURVEY IS BASED ON PLAT . \ v RECORDED IN INSTRUMENT NUMBER 200308260134448. V...... 44).„4::::I 4.PROPERTY APPEARS TO FALL WITHIN FLOOD ZONE X(UNSHADED)(AREA \gy �7+ 'f DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN),ZONE X •, m (SHADED)(AREA OF 0.25 ANNUAL CHANCE FLOOD; AREAS OF 1X ANNUAL "'Y* ''''' ,, CHANCE INA FL E NTH AVERAGE DEPTHS OF LESS THAN I FOOT OR WITH 44.•• •••.,v�„ DRAINAGE AREAS IEE THIN 1 FOOT OROI WITH BY LEVI AREAS LESS THAN 1 SQUARE MILE;AND AREAS PROTECTED BY LEVEES FROM/5 / ANNUAL CHANCE FLOOD)AND ZONE AE(SPECIAL FLOOD HAZARD AREA if •-•. SUBJECT TO INUNDATION BY THE 15 ANNUAL CHANCE FLOOD)(100YEAR FLOOD),(BASE FLOOD ELEVARON.5.0.NAVD'68 AS SHOWN ON NATIONAL FL000 INSURANCE PROGRAM MAP FOR THE CITY OF AIRONIA BEACH, NROINIA MAP NUMBER 51553101186 DATED MAY 4.2009. 0 50 100 150 200 FEET i GRAPHIC SCALE: 1" = 50' /j� EXHIBIT PROJECT:PRINCESS ANNE QUARTERS EAST JOH i 1,'iSSOCIATES, LTD. SUBDIVISIONRVARIANCE DATUM:NCNB AVD'8627-ELEV.=8.35) % SURVEYORS•ENGINEERS•PLANNERS PROPOSED LOT 2 4317 BONNEY ROAD PRINCESS ANNE QUARTERS EAST SCALE:i"=50' SHEET BEACH, VIRGINIA 23452 FOR 1 OF 1 DATE:10-7-2015 PHONE: (757) 486-4910 ASHDON BUILDERS, INC. FAX: (757) 486-4607 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 14 I , Floodplain Variance Exhibit, Lot 1 1.101 ° . V."' 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N= em' / - - `oof ,E � pEoetl1;:15� ' ei ,,,„, st\ cr= -i-7.v M,,�W0'lDb ; •a,, R tp , x 'essGl 1"55t.c., \ 5lta g Y sY y '..4' ;3 a :i 3 a;'?^'\ ;� �t is ii : I h! -igaii • a iy d'-1yj• $iii!4 6:I�'Elj 6 l; % J `, . 10�'I0 tis r, 1.;-1!43 �'%�3 pezQ i3s 3 S>$' ‘ter'/fill 1 i itgi'e- 0 R n ''''',,:iii‘, �35$4b ? 5o56H s��45,-, . 'a g 1;i:1 E ¢ 1 �'-151Al i i Oct vi w`I,._ 5 �� 0°,;',=_,,,'4„0ez�,' .s. „,,1',k !!1 a i,I.,,s..4 ., 16 .0.- `ic 69 a hfiili 4S Y..}:hien t • S w 1o_(,3.§.o? F, gaNS�...ao a-`0 r "s,f. F.i ;_Al kit:aiRi : 3 '3? w g m Y v n illtt ii! `qY,. e 1 i1;.1t,*;,$:i ,5;...4.1::1 i` E • rc p a�'n _ (�[Iii!!! ! e,l. g w20 w �'o 5 ”d F q A%Sti�si 1/S e}-4.i x w 55f i. talt i;I llt•s1!`1iii�i l'.if i`.1 0 a-1 5 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 15 Proposed Elevations ci'rincessAnne Quarter Fast ..,anuary 20,2015 "'_ (Princess Anne Quarter East "January 20,2015 0.4, 4:, _ q r_ _Nor _ ....,fli , -fl-fl- LFII . _--..,... _ i ii.v...-, ___ , . ,...,..aer „,,...1.7„,' , l a�� :,.--,.7"-; i !4. 1 .a � Princess,Anne Quarter East —January 20,201$ .. Princess Anne Quarter East ^'7nnuary2O,2015 C3"4" .__._ r I -Lit 411111/0 1 1 U 1 Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 16 I I Princess Anne Quarter East —.7anuary 20,2015 CAker' (Princess Anne Quarter East —9anuary 20,2015 ^/\\\._. 111 -". . '' wifillIPIP g Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 17 i 1 Site Photos 111111111111111111111111111111111111117 , ; A,' , j f 1, I.' f# r 9r u, ' r. 7*; JS i Y�LY ,z x ,, Lie R - .. 1 , ii �,,,A,r ..' r� 1 .�a� .t ilk: Vie: • 1� ,, 2 • �-HIr. 7 i�' �L ,r, A a Ti { �,. �,�.� , �� t r :.:7-,2.,=---r----:.-- -- ,,_ -0.- _ EU ,, __________.: —, s rr Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 18 Disclosure Statement (r 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 r� s (111 USE Page 1 of 4 ';I'f CAN I N( If G Uf Hf,4R(NG 150, NO H=AN I =AA t)F r l' (d R ) 0 C I') Nk CI)R[hl`I F P l=RI Ashdon Builders, Inc., Estate of Bertha H.Caffee Agenda Item D2 Page 19 Disclosure Statement Ii3 Virginia Beath 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) Ashdon Builders, Inc.:W. Barry Cross, President;A. David Cross,Vice President; Robin Hirsh, Secretary . (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑X Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 20 Disclosure Statement 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 J PROVIDER(use additional sheets if j needed) ❑X Accounting and/or preparer of your tax return [1C Architect/Landscape Architect/ • • Land Planner Contract Purchaser(if other than n ❑X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n >71 purchaser of the subject property l I ^I (identify purchaser(s)and purchaser's service providers) XXXConstruction Contractors IXIEngineers/Surveyors John E.Sirine&Associates,Ltd. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 21 Disclosure Statement Virginia Beach Financing(include current mortgage holders and lenders (^1 selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy, P.C. Real Estate Brokers /Agents for X 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 n n contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. William B. Cross, President /It ez, , 7/.,> 1 "/i`� APPLICANT'S SIGNATURE PRINT NAME DA E Thomas Clay Caffee� -)(11//5 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 22 Disclosure Statement 'NB Virginia Beach Financing (include current mortgage holders and lenders X selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Sykes, Bourdon, Ahern & Tevy, P.C. Real Estate Brokers /Agents for I I X 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 X 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. cv igirr 13 reit SS 71 -1S APPLICANTS SIGNATURE PRINT NAME DATE 79?e_5 1j1, c1;0 Sr,re 5 -- PRO RTY OWNER'S SIGNATUR 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 23 Disclosure Statement .140 Virginia Leach Financing(include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers/Agents for X current and anticipated future sales of the subject property • • i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nri 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. �� Ltl r l.G.!/ e'1 3 ( 2 a<.S S 9'g 61 APPLICANtT,S SIGNATURE PRINT NAME �7 DATETE /� R Y WNER'S SII T E` PRINM d— l' Ill. P j6 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. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 24 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) Legal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers /Agents for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4,/224.--- APPLICANTS SIGNATURE p/. PRINT NAME DATE 111.40, . i. . Q(b�71 �L"tr� �►'�CI�1tr- W.e 0 Ei �r� RT OWNER'S SIGNATURE PRINT NAME I D TE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ashdon Builders, Inc., Estate of Bertha H. Caffee Agenda Item D2 Page 25 Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Change of Zoning Subdivision Variance Floodplain Variance Conditional Change of Zoning Subdivision Variance 2344 Princess Anne Road District 7 Princess Anne February 10,2016 REGULAR Jeff Hodgson: I will ask the Secretary to please call this item. Jan Rucinski: This item is for Ashdon Builders. An application of Ashdon Builders for a Change of Zoning AG-2 Agricultural District to R-10 Residential District;Subdivision Variance to Section 4.4(b)of the Subdivision Variance; Floodplain Variance to Section 4.10.6.3 of the Floodplain Ordinance on the property located on the north side of Princess Anne Road, approximately 460 feet east of Fenwick Way, Conditional Change of Zoning from AG1&AG-2 Agricultural District to R-10 Residential District; Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance on the property located at 2344 Princess Anne Road, District 7, Princess Anne. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Members of the Commission,for the record, I'm Eddie Bourdon, a Virginia Beach attorney. I come before the Board this afternoon representing not only Ashdon Builders, Inc., but also the Caffee Family.All of their names are listed on the application. The Caffees have owned this piece of property for well in excess of a century. And it is a somewhat complicated set of requests. Some of it is a lot of clean up. Before I get stated, I want to thank Carolyn Smith, Planning Staff,and the folks in Public Utilities. The reason why this has been deferred for some time was to deal with issues regarding the sewer service area,and so,we've got a very good successful resolution of that. I'll take a minute to deal with the FloodplainVariance application first. I think that's the easiest thing to do,do this sequentially. We've got a situation, if you could put the bigger plat up there? Where this is an existing home, it has been on the property on what is called Lot 2,the large 9- acre piece of property,for decades. We are proposing to divide this. This will actually remain in the Caffee family. This Lot 2 with the existing house on it,obviously this is where the house is,where the access is. And,this was obviously built long before there was a floodplain subject to special restrictions ordinance that we adopted in 2001. And,so this requires a Floodplain Variance, because this portion of the property is in floodplain, and thus, doesn't count even though it meets all of the dimensional requirements of the R-10 Zoning District. I will also mention to you that this part is not part of our application. It is already zoned R-10 because, it was rezoned inadvertently when Princess Anne Corridor was rezoned. The Caffee Family had to pursue litigation and it was resolved. This is the correct boundary line. So this little sliver here is Caffee property that is already zoned R-10,just FYI. And,then we got this other parcel over here, Lot 1,that was created in 1962. I've got a plat that was recorded in 1965 of the adjacent property to the west and this property is shown on it. It has a GPIN number and Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 2 has been taxed ever since. It is separately owned by one of the Caffee family members. I was advised when we got in this process that it was determined that it wasn't"legally platted" back in 1962 and in 1965, but like other lots we have seen throughout the years, it met all the requirements to be legally platted when it was created. It has been taxed ever since. This piece of property is also now, and again, 30 years after it was created in the floodplain with subject to special restrictions,which only applies to the southern part of the city, So,the hardship is you've got a piece of property that has always been separate and apart long before you had this new Floodplain Ordinance for the southern part of the city. But the amount of floodplain disturbance is de minimis, it's in the flood fringe. It is not in the flood way, not even close to the flood way. It is also important to, changing gears a little bit,this will be the access for the development of the 16 lots,the 16 lots that will be added to the Princess Anne Corridor Subdivision. But anyway, all the conditions that are recommended for the Floodplain Variance,for this piece of property,and the unconditional R-10 rezoning, again, it meets all the requirements of R-10 zoning except for the floodplain. It eliminates the calculation for those square footages as being part of the lot. But this is where all of the access will be to the development of this property,which is something that will be an excellent situation in terms of not putting all of the heavy equipment through the neighborhood. We had an identical situation with an extension of High Gate Greens, an addition to High Gate Greens that was done 1%:years ago. We did the rezoning about 31/2-4 years ago,where they accessed the property off of Princess Anne Road. They didn't bring the heavy equipment,any of that, through the High Gate Greens neighborhood and it worked out extremely well. I am certain it will here as well. So, now we got the Conditional Rezoning application for the rest of the property. If you can put up the plat,this is when Princess Anne Corridor was rezoned and developed back in the early 2000's. This street was stubbed here because this property is high land, developable land. The City recognized that it was going to be developed so it would probably be stubbed to this piece of property. The Caffee family has owned this, as I said, like I said for over a century. They have never ditched this property. They have never done anything to create drainage on this property. It is remained natural since the subdivision was created adjacent to it.Some of the owners have taken some liberties with the property line and extended their backyards,filled in some of the property adjacent to it. They Caffee's have never complained about that in any way,shape or form. But when they modified the drainage on their property,some of them have drained more stormwater on the property, but this property again, has in no way been developed or ditched so as to create drainage. The floodplain is up here. There are some upland, non-tidal wetlands.Virginia Beach defined wetlands on this property that meet the true definition of a wetland. And because they are upland, non-tidal wetlands,they are under the jurisdiction of the Corps of Engineers.We are dedicating to the City 3.35 acres of land,which includes much of that upland non-tidal wetland area but we have an application with the Corps of Engineer to do some limited filling on the back of these lots,which again, not a floodplain in any way shape, manner or form. Highland and the homes will be built on these lots outside of that area that would be filled but it would be backyard basically. But,that is up to the Corp. of Engineers.The Princess Anne Quarters Corridor neighborhood,they had upland, non-tidal wetlands that were filled as a part of their development. Princess Anne Woods up on Seaboard Road to the east of here,the same situation, lots and lots throughout the City of Virginia Beach. The Princess Anne Meadows up near Five Mile Stretch that you all heard many times, same situation. Small minor amounts of upland, non-tidal wetlands, not floodplain,that is permitted to be filled and in this case, we will get those permits. I am quite confident because it is not any substantial impact.The density that we are proposing with this rezoning, 1.94 units per acre, 20 percent less density than Princess Anne Quarter, adjacent to us at 2.44 units per acre. It has been reviewed by City staff,the Navy AICUZ. It is 100 percent consistent with our Comprehensive Plan recommendation for land use in this area because there is no other reasonable land use for this piece of Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 3 property. I am going to repeat myself.There will be no filling of any floodplain for any of the lots in this subdivision with the exception of Lot 1 out on Princess Anne Road,that has existed since 1962,and really isn't a part of the neighborhood. It is out on Princess Anne Road,along with a number of other houses that you see up on Princess Anne Road. The proffers include a proffer of with a minimum square footage. That proffer of minimum square footage of the houses is actually 100 percent identical with the proffered square footage of the homes of Princess Anne Quarter. I actually went back and checked that after this morning's informal. Their deed restrictions have the same exact square footage per home. Our homes, like the homes that were built in Princess Anne Quarter will be larger,which is exactly what you see 99 percent of the time. We anticipate that our houses that we will build here will be the same size or larger, but not substantially larger than those in Princess Anne Quarter, and the price of those homes will be $500,000 plus. So,there is no degrading in any way. Their homes have brick fronts and some bricks on the side. They can be brick. They can be stone and hardi-plank.You've see the elevations. They are not vinyl sided homes by any stretch of the imagination. They will be very desirable homes in a very desirable area of the city. It is a proffered rezoning. The conditions obviously cover the things that need to be covered. The homes will not be built in any area that is going to flood, and they do have to be elevated. And we have to the additional freeboard on those homes. With that I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Eddie Bourdon:Thank you. Jeff Hodgson: Thanks. Jan Rucinski: We have four speakers in opposition.The first one is representing the civic League, and that is Frank Wetmore. Would you please make sure you state your name for the record. Frank Wetmore: Good afternoon. My name is Frank Wetmore. I'm the President of the Princess Anne Quarter Civic League. We predominately oppose this project, and I have four basic reasons.The first is the sewage. The pump station that services us is currently at capacity. That was as of the November Staff notes. The staff notes for February stated 50 houses over. We're going to add 17 new Princess Anne Quarter homes plus, I guess the plan is to bring 11 over from the Bishard property over?That is almost 78 more than the capacity of the pump station. My second opposition is for drainage. We've heard him testify, but you will still hear a lot about drainage today. There are drainage problems all along the back of the Pierce Lane residences. You will see photographs. Prior to the installation of the BMP, we need to make sure that project is fully engineered so that drainage gets out there, out of the houses, and out of the streets into the BMP.We've had issues of our stormwater drainage in the current BMP, not functioning properly and we have regular visits by vacuum trucks to pull stuff out of the stormwater removal systems. I'm concerned about the Corps of Engineers appropriate to fill and the wetlands filling in. If this is legal to do this,we need to make sure it is done correctly. My next issue is schools. Kellam is already 125 students over capacity according to the Staff notes. This will add more people to the schools if you look at gradeschools.org,which is what realtors use to direct people to various school districts. A couple of years ago, Kellam was at 7, and now it is at 5. Ocean Lakes, Tallwood,Cox and Landstown all rate above Kellam, and Kellam is a brand new school. The home sizes. I believe that the smallest home in Princess Anne Quarter,the original development was 2,800 square feet. There is one of them. The next largest home is 3,500 square feet, and they go up to around 4,400 Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 4 square feet. A minimum of 2,000-2,300 square feet is going to look off-balance,we believe. So,we would like to see those home sizes bigger. I've learned a lot about City government in the last month, two months, and three months. I wanted to say thank you to Carolyn Smith. She has been very helpful in the Planning Department Staff. That's pretty much all I have. Do you have any question for me? Jeff Hodgson: Are there any questions for Mr. Wetmore? Dr. Kwasny? Dr. Karen Kwasny: So, part of my understanding of what's happening in Princess Anne Quarter, has to do with engineering of the stormwater management system that you are presently are having to deal with? Frank Wetmore: Yes. Dr. Karen Kwasny: Correct? Frank Wetmore: There is flooding regularly within. Specifically,on the eastern portion of the property, not so much in the west. On the western side where it goes up to High Court, but mostly on the eastern side because any of us with kids,come in covered with mud on a rainy day,and they have been out playing in the woods back there, so there is flooding.There is talk about a development to the east of this, and I can't imagine where it is going to go. It is much lower. It slopes down to the West Neck Creek back there,so the drainage is the big thing. Jeff Hodgson:Are there any other questions? Thank you sir. Frank Wetmore:Thank you very much. Jan Rucinski:The next speaker in opposition is Lisa Walters. If you will please state your name for the record. Lisa Walters: Good afternoon. My name is Lisa Walters, a resident of Princess Anne Quarter,specifically 2308 Pierce Lane,which is Lot 44,on the site map. And Frank Wetmore has done a great job in talking about and explaining the majority of our concerns. But, I do want to add a few comments to voice my concern over the health and the safety of our families. So, if I could share some pictures with you? Can I pass them? Jeff Hodgson: Sure. Lisa Walters: The first two pictures that are being passed around are that of my backyard. And,this goes back to what Frank mentioned. A lot of drainage issues. The remaining three pictures there are the proposed space that would contain the stormwater BMP and then the open space that would be dedicated to the City. So,you will see in those photos,and these are photos were taken a couple of weeks ago, a few days after the snow. So,as you can see in those pictures, we do have an existing issue with standing water, and that is basically providing a breeding ground for mosquitos that carry many diseases. So, if we move forward and this request as approved,there is a concern that we are going to see an increase in the standing water. Also, we have an existing BMP, and our civic league pays to have that BMP professionally treated for mosquito control. We struggle with that now, and we know that the Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 5 City will not do anything about mosquito control for the new BMP. They would just be maintaining the land around it, and dredging when necessary. So, if we do add this BMP, it could create a financial hardship for our civic league, and most likely will not have the funds to treat that new BMP for mosquitos. So, again, going back to the health issues,and I do object to the request based on the health concerns and the expense,as well as the other issues that have been presented here today. I urge the Commission to take the health of our families including our children and pets into consideration before moving forward. Jeff Hodgson: Thank you.Are there any questions for Ms.Walters? Mr. Brockwell. Ross Brockwell: Where did that come from about where the City won't treat for mosquitos? Lisa Walters: Carolyn Smith gave me the name of two different people that I contacted,and I contacted somebody from Public Works, and somebody from Parks& Recreation, and they both confirmed that the City will not do anything other than dredge a BMP and cut the lawns and maintain the lawns around it. They do not do any type of treatment. It is up to the civic league or the owner of the property or anybody affected by the property if they want to go above and beyond and treat the mosquito issue. Ross Brockwell: Okay. Lisa Walters: As well as rodents. Jeff Hodgson: Does anyone else have any questions? Donald Horsley: How did they treat the BMP in your development? You said they treated? Lisa Walters: Yes. Frank can probably speak more to that, but as a part of the civic league dues,the civic league puts money aside, and they hire a professional treatment company that comes out quarterly. Frank Wetmore: Lake Management comes out monthly. Lisa Walters: Monthly. And it is quite expensive. Frank Wetmore: It is not the City that treats it. It is the civic league. Donald Horsley: I misunderstood. I thought you said the City treated it. Lisa Walters; Oh, I'm sorry. Jeff Hodgson: Mr.Thornton. Bob Thornton: You sent us some pictures to look at. Those were taken in January/February, and I guess that is the rainiest,wettest time of the year. What does it look like back there most of the year or is it reasonably dry or wet all the time? Item#D2 Ashdon Builders, Inc. & Estate of Bertha H.Caffee Page 6 Lisa Walters:There is a space behind the fence between Lots 44&45 that never dries out even in the summer. You're going to see that water collect there. Bob Thornton: Okay. Jeff Hodgson: Is there anyone else? Dr. Karen Kwasny: Jeff Jeff Hodgson: Dr. Kwasny Dr. Karen Kwasny: It was mentioned that some property owners have provided or placed some fill in behind their properties to address some of their issues,can you speak to that at all? Lisa Walters: I can't. I can only really speak about my yard and my neighbor to the left. I know he has done somewhat of a ditch right by his fence. We have not done anything. I have not been witness to any fill on that side of Pierce Lane. Jeff Hodgson: Is there anyone else? Thank you Ms.Walters. Lisa Walters: Thank you. Jan Rucinski: Our next speaker in opposition is Caroline Hamilton. Would you please state your name for the record? Caroline Hamilton: Caroline Hamilton. I agree with Lisa and our PAQ President about the flooding. These are pictures that I took this morning of water that is still standing from Sunday's rain. And it continually stands back there. I'll pass them around. My property backs up to one of the BMPs in the neighborhood, and there is City owner property around it. I can't remember which one of you asked, but it is soggy year-round except for in the driest part of the summer. I walk my dog back there, and I have to clean him constantly. But, my main concern is traffic. I have small children. I live in the cul-de- sac on Pierce Lane. There are no sidewalks there. And the new houses will generate about 30-40 cars coming around that corner.They have to walk down Pierce Lane,all the way down Rayburn to get to a bus stop on Fenwick, even for kindergarteners. They will not come down and pick them up at their houses. And,there is no sidewalk.They would have to cross over Rayburn at that intersection to get to a sidewalk to walk safely to a bus stop. So, I am concerned about traffic,as they play, and as they go to school. High-schoolers and middle-schoolers have to walk to the front of the neighborhood from the back to get to the bus stop. As a life-long resident of Virginia Beach, I know my home used to be a farm or trees or whatever, but I would like to preserve some of the wetlands. Some trees,some wildlife that we have out there. Maybe it is time to slow down just a little bit. Those are my concerns. Jeff Hodgson:Are there any questions for Ms. Hamilton? Thank you. Caroline Hamilton: Thank you. Jan Rucinski: Our last speaker in opposition is Dino Chirco. Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 7 Dino Chirco: I also have some photos. Jan Rucinksi: Okay, if you would state your name for the record? Dino Chirco: Dino Chirco, 2212 Cabot Court. I've lived in the home for about eight years. We moved in July 2008. We quickly noticed that the backyard was unusable. It was constantly wet. Kids would drag in mud. I spent about$80,000 to re-grade my property. I put a pool in, bulkhead wall, and still had a lot of moisture on the back-end of the property. I have since put gravel on the back-end of my property. It is still extremely wet. I will be on the back-end of the new homes, and so, I've taken pictures, which I provided of standing water where the new homes are being proposed. And, I don't see how drainage is possible without it coming back towards us. If they build any type of elevation,the first gentleman, he mentioned high land a lot as far as where the new homes are being built. If you guys want to do a field trip, I can show you there is no high land. It is very low land. So my concern obviously is drainage. We have a neighborhood that seeps water all the time,and I can't see the situation getting any better adding elevated homes, and trying to drain waters from those homes back to our property. So,that is my main concern. Any questions? Jeff Hodgson: Doe anybody have any questions for Mr. Chiro? Bob Thornton: Do you know what your lot number is or can you point your house out on that? Jeff Hodgson: There is a pointer right here. Don Chirco: I am going to be right around here. I am on Cabot Court right here. Bob Thornton: Thank you. Jeff Hodgson:Are there any other questions? Jan Rucinski: I have a question. As a neighbor, do you have any concern with the size difference? I know the civic leader mentioned that was a concern. Don Chirco: That is a big concern because we moved here from New York. I am a retired New York City firefighter. I got to live 40-something years of my life in a very condensed area, homes on top of each other. You could pretty much touch your neighbor outside your window. So,when I purchased this home, I wanted some space on the sides, and I wanted some space in the back,and we looked at a lot of different square footage homes, and we kind of decided what we could afford was 3,700 square foot with similar homes in the same neighborhood,and I will now be looking at a possible 2,000 square foot home right beyond my back fence. So that is a concern. Jan Rucinski: Okay. Thank you. Jeff Hodgson: Is there anyone else? Thank you sir. Don Chirco: Thank you. Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 8 Jan Rucinski:That is the last speaker in opposition. Eddie Bourdon: Thank everyone for coming down. I also want to thank the members, because my clients met twice with the civic league and had very productive dialogue with the civic league, and I certainly thank the comments were very professional and constructive. Let me go back and start with what was just asked. The proffers for and the deed restrictions recorded for Princess Anne Quarter, require the same minimum square footage of home size, as the proffers before you today. No difference whatsoever. Anyone with a lot in Princess Anne Quarter can tear down the existing house and build a 2,000 square foot house today. They didn't build those because the market supported the larger home. And,the market will support the larger homes that we will be building,and which have been shown and which have been explained to the civic league. The homes that we built will be 2,800 square feet to 3,500 square feet. But,as is always the case, and I've been doing this for 32 years,the proffers will always be a lower minimum square footage of living area than what is typically built unless you went into a serious depression. So,we have said and we'll say it again,these are just minimum proffered square footages identical to the minimum proffered squared footages and deed restriction square footages from minimum in Princess Anne Quarter. The issue with and there is a high water table here. When you put a pool in it is going to create some issue if it is not put in properly. Virginia Beach is flat.This area is flat. Guarantee you they were all filled,they raised in elevation. This will be no different.That is the only way you create positive drainage in Virginia Beach when it is flat, and that is what we got here. But the drainage will be engineered so that we do not put any water,we cannot legally put any water on to their properties,and we will not. The standing water that was mentioned on this property,and as I mentioned in my presentation, has never been ditched, never been drained in anyway. Water does pond all over. I am absolutely certain of that.That will be dramatically diminished with the development of this property. I am not going to sit here and say that there won't ever be any standing water, but the pictures of the, I think Ms.Walters, and their home is in here. This is the low area.There is nothing being built back here. There is nothing being built behind those homes. But, it will be because,with the improvements that we make to put the BMP back here on this section, not in the wetlands area, in the upland, non-tidal wetland area, this will all be a betterment,that will be created. That is not saying there won't be any standing water. We have mosquito control. I live in a nice neighborhood and we have them come around and treat. They do it automatically for mosquitos. We have mosquitos in this area, and we certainly think this is going to be a better circumstance for standing water,far better than what existed the whole time that Princess Anne Quarter has been in place. The sewage that Mr.Wetmore brought up,we did talk about that earlier. But,what is going to happen now because Princess Anne Quarter is in a situation where the pump station up near High Gate Greens, is the service area it serves, as I understand it, is a vacuum system. And it has been over extended, over extended in terms of distance and in terms of capacity. What will happen with the development of this property,the future development of a number of homes, not that many, but a number of homes that will be able to occur to the east of this property,the City will be putting in a second eight-inch vacuum line and there will be extensive improvements to the pump station that will be paid for by all parties involved, but not the folks in Princess Anne Quarter. And,their system, because they are on the same system, as I understand it, will be converted and put into the new line which will have better suction because is not involving Litchfield and places far removed. And, with the upgrades to the pump station, it will increase capacity that will serve this and the adjacent properties, and you will see an improvement in their service from what I have been advised and from the meetings that have been held for the last number of months with Public Utilities. And that is what has been the holdup is to get a solution to that problem that the Caffee's,who owned this property before anybody Item#D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 9 else ever lived here almost,certainly anybody from Princess Anne Quarter. We've been blessed they have waited long enough that we saw Nimmo Parkway get built, so that the problems with Princess Anne Road are no longer a problem. That is the optimum time for this property to come on, and finally be developed. It is a cul-de-sac. There is no thru traffic being created through Princess Anne Corridor with this community. The additional traffic will be neighbors in the community, not people from the outside. So, it is like any other cul-de-sac street. Their desire would be because you don't have a lot of traffic other than neighborhood traffic, and I don't believe there will be any safety threats to the residents of the community, and the other school children in the community. Our school system is not growing. We don't have growing pains that we've had in decades past. I am not really aware that there's any concern with the lack of capacity overall in the school system. There is probably a lack of desire to redistrict because everyone wants to go to the brand new, beautiful Kellam High School but I don't think we have a school population problem. And none has been noted by City Staff. I'll be happy to answer any other questions that anybody may have. Jeff Hodgson: Are there any question for Mr. Bourdon? Mr. Ripley. Ronald Ripley: Eddie,the drainage seems to be a real concern so I've got just a couple of questions. Eddie Bourdon: Sure. Ronald Ripley: These lots 3,4, 5,6,7 and 9. How is the drainage designed? Is the design that it will go to the road? Part of it will go to the back? If it does go to the back, how is that water handled? Eddie Bourdon: All the water, I think it is one of where only the very rear,the back third, I believe would go to the back. And,then it would have to come down to the road, because it all winds up going back here, so it would be positive drainage. Anything that goes back would have to be coming down,and then going over to the BMP. It would be captured and piped to the BMP because everything else is going to the road will be piped to the BMP. Ronald Ripley: Would you capture it in the back by a swale or would it be an underground concrete pipe? Eddie Bourdon: It could be drop inlets, mostly like have some small swales and you have drop inlets, and then you got to get the pipes in the ground, and get them back to the BMP,which is back here. Ronald Ripley: Okay, and how about the lots on the other side? How would that be handled? Eddie Bourdon: Again,the flow would drain to the street where you got the pipes that would collect the water and it is all directed back into the BMP by piping. Ronald Ripley: And the back would be also contained and trapped and directed that way? Eddie Bourdon: Correct. We cannot put any water onto the Gallios property to the east. Our water all has to be captured and piped into the BMP. Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 10 Ronald Ripley: Have you done any calculations to see if there is less drainage coming back on those lots 3-9? Eddie Bourdon: I am not aware that we've done detailed drainage calculations. Frank has been working on the sewer issue and that has taken a great deal of time and effort.That is something that as you understand and appreciate,we will have to go through that in much detail,through the subdivision review process, and I have no doubt that the folks in what will be in our neighborhood. We have welcomed their participation and no way want to shut anybody out from participation. We've met numerous times already. We will not be putting water and cannot be putting water onto their properties. We can't make their situation worse and we certainly hope, in some ways,will make it better. Standing water, I know will be made better. In terms of, I can't sit here and tell you Mr. Ripley exactly where the drop inlets will be.What the elevation and the drop to the BMP will be. Those issues I can't tell you. Ronald Ripley: It would be helpful, I think, if this body were to recommend approval that you assemble that information between now and Council and share that with the residents. Eddie Bourdon: And have another meeting. Ronald Ripley: I think everybody would feel better about knowing exactly where that water is going and that it might even improve the situation. Eddie Bourdon: Again, I am certain it will improve the standing water situation. I have no doubt about that whatsoever. But individual issues and concerns or problems, I can't sit here and suggest I know we can make one thing or another thing better, but I know, we won't make anything worse as far as their drainage issues. Ronald Ripley: Thank you. Eddie Bourdon: It is an excellent suggestion and we will certainly get that information and contact Mr. Wetmore, and maybe we'll set up a meeting with the engineers to talk about some of those things. Jeff Hodgson: Mr. Horsley. Donald Horsley: You know on the same lines,the business I'm in, drainage is probably the most important thing that you can have. And I sympathize with these homeowners that have these situations. But this couldn't have been a more opportune time for you to come and present this after we've had about close to eight or nine inches of rain in the last three weeks in this area. Everything is flooded everywhere, regardless of whether you're on top of Pungo Ridge,which we were told this morning was 18 feet up to 20 feet, but that's the characteristic of where we are. We are flat land. We have a high water table, and trust me, I know how high it is. It is at the top of the ground right now. It is running out everywhere. So, I am real encouraged to hear you explain this drainage situation, because I think in the long run, it is probably going to help these people who do border this. ,And this will kind of curb some of that. So,the only thing that I am concerned about is why we can't make sure mosquito control goes back there and treats that pond back there? There is no reason. We have a mosquito Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 11 control in the City. Eddie Bourdon:There is an access. This is an access that will use the paver blocks so grass grows through it. So, it is going to look natural but it is an access that mosquito control vehicles can come back here and spray,just like they spray. I am sure they go through the neighborhood and spray as they do in almost every neighborhood. Donald Horsley: We have to put a little green tag on the mailbox if you want to be sprayed. So maybe we need to look into that but I feel certain that mosquito control can help out with the mosquito situation just those comments and the drainage because that is a very important situation everywhere in this area. Eddie Bourdon: And the standing water which there is clearly, because it has never been in any way drained. You have a lot of standing water on this piece of property,this heavily wooded parcel. You're going to have standing water and that is where the mosquitos breed. More of them are coming from this property as it exists today than are coming from the BMP for their neighborhood or Litchfield for that matter. I'm not saying there are not any from there but that is where you get the mosquitos. Jeff Hodgson:Are there any more questions for Mr. Bourdon? Bob Thornton: I've got one. Jeff Hodgson: Mr.Thornton. Bob Thornton: This is a dedicated road correct? Eddie Bourdon: Yes sir. Bob Thornton:These lots are fee simple not condo lots? Eddie Bourdon: Yes sir.They are lots exactly the same square footage as is the lots in Princess Anne Quarter. Bob Thornton: Would there be a Homeowners' Association? Is that proposed? Eddie Bourdon: Well. Not a separate one. I think the idea what we want and I believe what the neighborhood wants, I don't want to put words in their mouth, but I believe their preference is we become a part of there so there are additional monies to pay for the maintenance of the existing BMP that they have. The rest of it, because the open spaces the City is accepting dedication of all that and the BMP,as you've heard from Barbara Duke this morning. It creates a very sizeable interconnected open space area with parks at Litchfield,the City park here that is at Princess Anne Quarter. It just adds to that bulk of open space which is an excellent thing for everybody. Bob Thornton:Thank you. Jeff Hodgson: Mr. Brockwell. Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 12 Ross Brockwell: I was going to ask but you already answered it to some effect. But I was going to ask, the lot area behind 44&45 lots, I was going to ask basically to remain unchanged. But I think more to the point when you, if this project goes forward, and the BMP is constructed that will be graded to drain to the BMP directly. Does that red line represent a pipe running from an inlet on the curb to the BMP? Eddie Bourdon: Mr. Brockwell,this represents the BMP access way that I mentioned. They are not going to put asphalt in.They are going to do the block pavers that grass grows through, but that is what the red line is. The access is for the City to be able to get to the entire property to maintain the BMP. Ross Brockwell: So most likely,there will be pipes probably under that going from the street to the BMP. Eddie Bourdon: Yes sir. There is no doubt about that. You're 100 percent correct. Ross Brockwell: Has it been determined where it goes from the BMP? Eddie bourdon: The outfall from the BMP? I do not know. I am told it is going to the east, and I suspect a little bit to the northeast. You get the floodplain. The drainage I believe will go this way to West Neck Creek. Ross Brockwell: Do you know the considerations for the future development for the proposal would affect that or is that something that needs to be thought about now? Eddie bourdon: Well,the owners of that property have been involved with us over the course of the last couple of months, and the City,the solution to this sanitary sewer situation. I do not know at what point they intend to come forward to seek to rezone their property. The property has frontage here and it also has frontage a little further down to the east as well, but this is the only portion of that property that is developable because it is outside of the floodplain. And there are wetlands on here in this area as well,so a lot of this is not developable because the amount that Corps will allow on those upland, non-tidal wetlands to be disturbed is a minor amount like we are proposing here. Ross Brockwell:So you are confident that they will approve this minor amount of fill for this project. Eddie bourdon: Some minor amount. We estimated and for the purposes of negotiations on the sewer system, 35 units is the high and I think that is definitely a high number. I don't think they will be able to get 35 lots on that property, but that's the maximum that they can conceivably get on that piece of property. Ross Brockwell: And part of our discussion earlier,just to clarify,that if the Corps of Engineers does not approve that fill, it won't proceed regardless of what we do today. Eddie Bourdon: That is correct. That is absolutely correct.That is 100 percent correct. Ross Brockwell: I got a couple of more but they are kind of more for Staff so I don't know if you want to wait and maybe you can help answer it. Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 13 Dr. Karen Kwasny: I have another question. Jeff Hodgson: Dr. Kwasny. Dr. Karen Kwasny: Mr. Bourdon, you were mentioning that the fill that is going to be provided on those properties that are effected by wetlands is predominantly in the back of the lots? So, no structures, it is just fill for the back of the lots,and probably only amount 1/4 of 3 acres? Is that what I understood in the discussion? Eddie bourdon: I think the figure was 2/3 of an acre, 33,000 square feet of the total of the upper, non- tidal wetlands on the property, which is, I want to say, close to 31/2-4 acres, but I'm not sure. Dr. Karen Kwasny: And the cost participation with the sewer line, is a three-way cost participation is probably dependent on the adjacent parcel,where we are talking about the 35 potential lots. This parcel and the City is that the three-way? Eddie Bourdon: Correct.That's right. The problem exists today. The system, as I understand it, and there are some folks here who you really might want to ask them. I understand the system and I've understood this for some time,the type of system has been over extended probably and shouldn't have been and it is not functioning as it was designed to and that is the case, and this will be part of a solution to that problem, and I believe you will hear from the folks who live in Princess Anne Quarter they have problems with that system on occasion.This will make that situation far better for them. Dr. Karen Kwasny: Thanks. Jeff Hodgson: Is there anyone else? Thank you Mr. Bourdon. Do we have any other speakers? Is that it? Jan Rucinski: There are no other speakers. Jeff Hodgson: We will close the public hearing and open it for discussion amongst the Commissioners. Ross Brockwell: Can I ask Carolyn a couple of questions? Jeff Hodgson: We can do that right now. Ross Brockwell: She is probably the best person. So,just to clarify this the northwest part of the parcel will be dedicated, and basically incorporated into the City park,that is southeast of it. So,the City will accept maintenance of this BMP and that somehow will be incorporated into the mosquito control program? So, I have a lot of curiosity about that question too, but I suspect Public Works has an answer. I don't know if it is to be aerated so it doesn't need chemical treatment the way the civic league fees does. I am not sure. But I do think that should be clarified between now and City Council at least. However, I think that is part of the City's accepted maintenance. Some assurance that will be handled by the Public Works Mosquito Control Program. So,you probably don't have an answer for that now Carolyn. Is Barbara still here? I'm a little unclear on the long term Parks& Recreations' perspective on that waterway and the greenway. What are the implications for this project and especially the Item#D2 Ashdon Builders, Inc. & Estate of Bertha H.Caffee Page 14 conceptual project to the east on that waterway and that corridor from a recreational perspective? Has that been discussed? Carolyn Smith: We see this really as a passive recreation area. The 3% acres, more less, are proposed to be dedicated to the City. No trails. No playgrounds. While they do connect to the active recreation space in the Princess Anne Quarter neighborhood, this part of the park would be very natural, low- maintenance area, in a way that a neighborhood park would be typically maintained. Ross Brockwell: Okay. Alright. Thanks. Jeff Hodgson:Would anyone like to start our discussion? Jack Wall: I've got a Staff question. Do you have an answer? What's allowable in a portion of wetlands? I know there is the 3/of an acre here that can possibly be filled, but what else, in terms of clearing? In terms of any potential additional drainage features and grading?Obviously,the grading would be allowable and acceptable. What is part of the wetland process? So, can anyone answer? Is clearing part of that? Would that be allowed in a portion of the wetland? Carolyn Smith: It depends if it is a bonafide silviculture-type of operation. So, I can't say specifically yes or no for this activity, but as we mentioned earlier,those wetland are regulated by the United States Corps of Engineers,so it is under their jurisdiction as well as the State's Department of Environmental Quality.So, it is the property owners' responsibility to ensure that all proper permits are acquired before any land disturbance of any kind occurs in those areas. The city doesn't have any jurisdiction to regulate activity on these properties as it relates to jurisdictional wetlands? Jack Wall: Okay, so it wouldn't have any additional impacts such as clearing including land disturbance which would be any additional grading or anything additional. It is really just what is permitted as part of the overall development of the site? So, where the green line is and what I'm trying to get at,except for what's permitted,they won' be able to touch anything or do any kind of land disturbance within that area. Carolyn Smith: Right. The permit that the Corps issues is very specific about what activities and what the limits are to their land disturbance. Jack Wall: Okay. Thanks. Bob Thornton: Jeff stepped out for a second. But I have another question for Carolyn. So, lots 11-18, the back portion of those are either going to have fill or be filled. The City has a minimum floodplain elevation?Am I correct, if it is not at a certain level,whether it is wetlands or not, isn't that part of the development package here that they get to fill that area to get it above a certain floodplain level? Carolyn Smith: Right. But that property actually is already above the floodplain level. That area is isolated, non-tidal wetlands. It is not the floodplain subject to special restrictions. Bob Thornton: Okay. So the issue is with the Army Corps, not an elevation change for minimum Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 15 elevation? Carolyn Smith: Correct. Bob Thornton: Okay. Thank you. Is there anybody else?You're back. Anybody else have another question? Ronald Ripley: I had two questions about the drainage and I am reasonably satisfied with that. You know the Corps of Engineers I'm sure, is probably going to have some mitigation costs of some sort. A wetland bank, I would think. There would be a payment for that so that is probably how that will be handled. That is what I've seen in the past. When I looked at the application, it seemed like a real logical land use to me. It is very complicated because of all the different aspects of it, and I think coming here today, listening to the testimony, I think I am satisfied that this probably is reasonable to move ahead on, so I would make a motion to approve it when you're ready to take a motion. Jeff Hodgson: Is there any other discussion? Dr. Kwasny? Dr. Karen Kwasny: I just wanted to clarify that we are not talking about any floodplain in that area,just the forested wetlands. And,you're only talking about a very small section of them that you're asking for a permit to change? Carolyn Smith: Correct. Dr. Karen Kwasny: Okay. So, in addition to that,we're talking about the suburban areas so this is in keeping in what's being done in the area, and I am also kind of comforted and I'm hoping to a degree those of you who came up to speak as well. I live in a development where these could be pictures of my driveway, and I mean literally, it is very wet where I am, and it is partially a result of poor engineering at the point of development.Some of what you talked about and what I've seen in your pictures suggest you might be dealing with the same thing. And,so in the question and answer period, I was provided some comfort in the fact what's being done to this potential development, in relation to stormwater management,will be a step and will probably help to address,and I think between now and City Council, as Ron has asked for,there can be some discussion of that to make sure that what is provided in this development actually provides some relief to your development,especially those lots that are directly adjacent to new lots coming adjacent you. I also think that there is going to be some improvement in the sewer because this development is coming forward. I tend to be conservative and I'm sure that I have, I am like a broken record sometimes because I'd like to see some of this be a little more open and not so dense, but it is in keeping with the development next door. I think that that proffers in that development are the same as yours, and so the likelihood of having houses that are more in keeping with your own is pretty good. I'm in a better place now having those questions answered and having a better picture of what's going to be done and what might actually be a benefit to you of having some work done on that property next to you versus it remaining as it is right now,which I think might only acerbate your already problematic engineering stormwater management. Jeff Hodgson: Does anybody else have anything to add? Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 16 Jack Wall: I just have one thing. It looks like it could be a good opportunity for any drainage improvements in lots 3-9 to provide additional drainage benefit to the new properties that are on Cabot Court. I think, however,there will be some challenges with the lots on the other side, lots 18-11 that they will potentially not have the benefit to the do the proper grading because of the wetland that is behind there. Even though I think that 3/of an acre is going to be permitted,there is still going to be challenges with that, so I guess they will have to deal with that. Jeff Hodgson: Is there anybody else? Bob Thornton: I've only got one more thought. Jeff Hodgson: Mr.Thornton. Bob Thornton: One lady, Caroline Hamilton, had a concern about children safety, and none of us are experts in traffic management and traffic safety. But it seems you could work with the developer and maybe post some signs because I share what you are saying. People are going to come around Rayburn and head up that cul-de-sac, and if kids are in there,and kids love playing in cul-de-sacs. That is just a natural thing because the traffic is not as bad there as it is out on the main street. I recommend that you get with them,get with the City, and see if you all could post some signs. I've seen them over in Red Mill or in other places where they have signs of children and bicycle signs just to remind people to slow down. Jeff Hodgson: Is there anybody else? Mr. Ripley, did you want to move forward? Ronald Ripley: Yes. I'll be happy to make a motion to approve Item D2 subject to the conditions set forth for the Subdivision Variance conditions and the conditions set forth for the Floodplain Variance and of course the proffers that have been presented, but also would like to recommend that the applicant meet with the residents to discuss and explain and hopefully, mitigate the issue of how drainage will work and how it might help their property or impede their property. Let me put it that way.That is my motion. Jeff Hodgson: A motion made by Commissioner Ripley. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: A second made by Commissioner Oliver. Mr.Weeden? Mike Inman: Mr. Chairman, I have to abstain from this application due to a business relationship with the applicant. Jeff Hodgson: An abstention noted for Mr. Inman. We're ready to vote. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE Item #D2 Ashdon Builders, Inc. & Estate of Bertha H. Caffee Page 17 HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,with the abstention so noted,the Commission has approved the application of Ashdon Builders, Inc. Jeff Hodgson: Is there any other business to discuss today? If not, on behalf of my fellow Commissioners I would like to thank everyone for attending today's hearing and the Planning Director, and his staff for their work in preparing today's agenda. The meeting is adjourned. „........ . 0 . Cif P”, . , # / „,..oto 110 s r ‘' i ...' •il.- CI ' e 0 b.• :„ 74/ 1 `..C. re 0 , ....„1.111.II. 411, <> a 0, ... Cr II% 7 444411r,'..1:. ..' 4 .. .c7 sin / ,......,..... ,..... ci .,.,4" „.. or _ . ,,,,...... ...... I N /44 4111141111lPIIII,Illil4PPIN,li _,:f'''•---- . C. . 1%3' 400. ..\ .....,. I . ›, 4111.4 1 414%.*(7.0 , 41111110r, .., .-..,.. c4:J NI' ...I 44,,... .tr: . I e i 1 11111* - r) 1/4,, .,,,, * rim P 1 1 . 8.."111 .1- ' ... . 1 i 0 '1/2......,, • ‹,.... .. It lik . (> I r �, ��`<t`'-,T.6..:....)--- Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TITAN MYERS DEVELOPMENT, LLC [APPLICANT] KHJ, LLC, BESS P. DECKER, MONICA JOHNSON, TALMADGE C. HUNT, SR. REVOCABLE LIVING TRUST [OWNERS] Conditional Change of Zoning (R-7.5 Residential District to PD-H2 (A-12 Apartment District)) 4.449 acres between Daniel Smith Road and Connie Lane, east of Newtown Road (GPINs 1468318238, 1468318497, 1468410127, 1468410516). Comprehensive Plan: Suburban Area. Proposal is for 35 single-family dwellings in a condominium form of ownership (density of 8.5 units per acre) COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: April 19, 2016 ■ Background: The applicants have consolidated four parcels totaling 4.449 acres and are requesting a Conditional Rezoning from R-7.5 Residential District to PD-H2 Planned Unit Development with an underlying A-12 Apartment District. The proffered site plan shows 35 detached dwelling units or 7.95 units per acre. Private streets are proposed with condominium style ownership. Details regarding the proposed development can be found in the attached staff report. • Considerations: The staff report for the March 9th Planning Commission reflected concerns from the Department of Public Utilities regarding water and sewer service within private streets for this condominium development with detached homes. Since the Planning Commission meeting, the applicants have worked with Public Utilities and have added the following proffer which is acceptable to the Department of Public Utilities: When the property is developed, Grantor shall install sewer and water facilities, built to all current standards required by the City of Virginia Beach Public Utilities Department and offered for dedication to the City of Virginia Beach, within the streets as shown on the Concept Plan, to serve the individual homes within the development. Prior to the issuance of the first Certificate of Occupancy for any homes in the development, Grantor shall cause to be recorded a public utility easement for the benefit of the City of Virginia Beach over the streets shown on the Concept Plan. One resident from the adjoining community appeared at the Planning Commission Public Hearing in opposition and the President of the Newsome Farms Civic League appeared in support. Titan Myers Page 2 of 2 • Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with one abstention, to recommend approval of the amendments to the City Council. • Attachments: Staff Report Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• • � : nt/A. -ncy: Planning Departmen City Manager: w. 11 Applicant Titan Meyers Development, LLC Agenda Item Property Owners KHJ,LLC, Bess P. Decker, Monica Johnson, Talmadge C. Hunt, Sr. Revocable Trust ra�,�� Public Hearing March 9, 2016 (Deferred on 02/10/2016) D3 Virginia Beach City Council Election District Kempsville Request I Conditional Rezoning from R-7.5 Residential """"tee $ 3 § a District to PD-H2 Planned Unit Development °,m°''+° 1 co+"'":,,.% i i 4 with A-12 District underlying zoning to allow 35 a«e detached dwelling units f�0.0 1 8 Ne wtown Staff Planner $4 „..o,40 ..,�y �. i Karen Lasley �s,co` a I A / Location 4t' ? sc, The subject site consists of four parcels located 1 ' i ve at the intersection of Newtown Road, Daniel of-• / ti �,r 4, Smith Road and Connie Lane `` ,els �'�%` UNI i 1 *4? GPINs ,,ab',,, 90,,,,,! Q4.' 1468-31-8238, 1468-31-8497, 1468-41-0127 and 1468-41-0516 Site Size 4.4 Acres AICUZ Less than 65 dB DNL Existing Land Use Undeveloped with wooded areas • Surrounding Land Uses and Zoning Districts North . ..,z, ° Across Daniel Smith Road; a nursing home and , s'',r/ single family residential uses/R-7.5 Residential s° `� ,,,,,,",./ • South -= Y. T, -`::;�� / s� Fronting Newtown Road; commercial use ' 6 ?� Fronting Connie Land; single family residential 4 use/B-1 Neighborhood Business and R-7.5 Residential p-'� .1 co » East •,`�c� ` �t''f'l,t Single family residential use/R-7.5 Residential ��f' ' West Across Newtown Road; retail and religious uses /B-2 Community Business Titan Meyers Development, LLC Agenda Item D3 Page 1 Background and Summary of Proposal • The applicants are requesting a rezoning from R-7.5 Residential District to PD-H2 Planned Unit Development with an A-12 Apartment District underlying zoning.The proffered land use plan shows 35 detached dwelling units or 7.95 units per acre, well below the maximum of 12 units per acre permitted by the requested underlying A-12 District. • The proposed land use plan shows a condominium development with 35 detached dwelling units fronting on private streets.There is one access from Daniel Smith Road and two from Connie Lane. • Although private,the internal streets will have a width of 24-feet instead of the standard 30-foot wide paved section.The private streets will be owned and maintained by the homeowner's association or a condominium association.The alley will have an 18-foot wide paved section, rather than the standard alley width of 20-feet. Both the alley and all internal streets will be constructed to City standards. • Architectural renderings of the detached dwellings have been proffered. Proffer#6 indicates that the primary exterior building materials will be .044 gauge or better vinyl siding, brick or stone and that the roofing will be 30 year architectural shingles. Fiber cement board siding is preferred by staff over the proffered vinyl siding. • Proffer#4 states that"no two dwellings with the same elevation shall be constructed on the same side of the street within three building lots of each other within a single block. Facade reversal shall be considered dissimilar in appearance."The prominent architectural feature on the front facade is the garage. Staff prefers an element such as a front porch as the prominent architectural feature on the front façade rather than a garage. • The PD-H2 District requires a minimum of 15%of the total acreage to be designated as open space.The land use plan exceeds the minimum and shows .92 acres or 20%of the total project in common recreation/open space excluding the storm water management pond.All recreation/open space will be owned and maintained by the homeowner's association or the condominium association.The open space includes a central focal point with grills, a gazebo and a walking trail around the pond. There is a 30-foot open space along Connie Lane that will contain rain gardens. • The applicant has proffered a picture of the street lighting to be installed along the private streets and a typical bench that will be provided in the open space areas. High quality, black, Colonial style light fixtures are shown, as well as good quality outdoor furniture. • The minimum front yard setback is 20-feet; minimum rear yard is 10-feet; minimum distance between buildings is 6-feet.The proffers indicate that the maximum height is 35-feet. • The land use plan shows that a six-foot, maintenance free,white vinyl fence will be installed adjacent to adjoining property zoned Residential and B-2 Community Business District.A picture of the proposed fence has been proffered showing an attractive, high-quality, white vinyl fence.The proffers also allow this same 6'vinyl fence to be installed along the side and rear condominium line boundaries of any residential unit as long as the fence does not pass the mid-point of the unit. No fencing is permitted in the front yard of any residential unit. • Three entrances are proposed; one on Daniel Smith Road and two on Connie Lane. Each entrance will have a monument style entry sign with a brick base and a maximum height of six-feet. Sign regulations allow 16 square feet of signage per face or a total of 32 square feet of signage per principal entrance to a residential development. Titan Meyers Development, LLC Agenda Item D3 Page 2 • Each dwelling shown on the submitted elevation has a one or two car garage and improved parking for two cars. In addition, 14 guest parking spaces are provided. • Although this 4.4 acre site does not meet the 5 acre minimum lot size for the PD-H2 District,the proffered land use plan shows that the Planned Unit Development option works well to facilitate development of this unusually shaped parcel. //' , `�-a , Zoning History \c: _e / ♦O'' # Request .,,i,,. �O 5 1 CUP—(Automobile Repair)Approved 04/21/2015 �`--' CUP—(Car Wash)Approved 06/12/2007 /,r �, a- .5� Q CUP—(Motor Vehicle Rental)Approved 01/12/2000 B- y!%' �, O% 2 CUP—(Passenger Transit Terminal)Approved �1 .P �� ` ® 14r. 09/16/2014 /40/ �. ez ♦ O CUP—(Motor Vehicle Rentals)Approved ., Q 07/03/2012 / CUP—(Passenger Transit Terminal)Approved po t 12/13/2011 /, ` ,,,,,, 4*Alt*•►� ► CUP—(Church)Approved 06/27/2006 � ©rt s C 3 CUP—(Automobile Sales and Service)Approved /_.� ♦ r!,....1. / � ♦ /. 02/08/2012 4 CRZ—(R-7.5 to Cond. B-2)Approved 09/24/1996 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 this portion of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods.All new development or redevelopment should maintain or enhance the overall area by being compatible with the surroundings and providing an attractive site and buildings. Development should also incorporate environmentally sensitive design, pedestrian connectivity, and the preservation of existing trees. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.Wooded areas exist throughout this 4.4 acre site; however, no existing trees are identified for preservation. It does not appear possible to save existing trees with the proposed land use plan. Titan Meyers Development, LLC Agenda Item D3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Newtown Road 39,140 ADT 1 28,200 ADT 1(LOS°"C") ' 32,800 ADT 1(LOS 4"E") Existing R-7.5 z-156 ADT Connie Land and Daniel No Data Available 6,200 ADT (LOS 4"C") Proposed Land Use 3-333 ADT Smith Rd 9,900 ADT'(LOS°"D") 1 Average Daily Trips 2 as defined by Enter 3 as defined by 35 single-family 'LOS=Level of Service definition, dwellings Newtown Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. It is currently at its capacity with a Level of Service F.The Master Transportation Plan proposed a divided facility with a bikeway within a 150-foot right-of-way.There are no current Capital Improvement Projects slated for this section of roadway. Public Utility Impacts In the past, single family detached condominium type developments with a relatively low number of units have proven to be a liability to the city.Water service cut-offs inevitably becomes an issue with these master metered developments when one of the unit owners cannot or does not pay their portion of the combined city services bill and water service is cut-off to the entire development served by the master meter.Additionally, onsite private water and sanitary sewer systems are routinely not well maintained, and in some cases homeowners associations have requested that the City take over their dilapidated systems. Recent examples of this include Green Hill by the Bay and Lotus Creek. For these reasons, Public Utilities does not support the proposed conditional change of zoning to allow 35 detached condominium dwelling units. Water The site must connect to City water.Water service must be verified and improved if necessary so that the proposed development will have adequate water pressure and fire protection. Sewer The site must connect to City sewer.A hydraulic analysis of Pump Station#344 and the sanitary sewer collection system is required to ensure future flows can be accommodated.Sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate sanitary sewer service. School Impacts School Current Enrollment Capacity Generation* Changez Tri Campus Elementary 642 724 6 2 Bayside Middle—2 campuses 1,024 1,460 4 1 Bayside High 1,460 1,912 5 1 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students).Note:Tri Campus is a combination of three elementary schools that all serve the same geographic school attendance zone.Diamond Springs Elementary serves grades K and 1,Newtown Elementary serves grades 2 and 3 and Williams Elementary serves grades 4 and 5.Bayside Middle is a combination of 2 middle schools that all serve the same geographic school attendance zone. Bayside 6`h grade Campus serves just grade 6 and Bayside Middle serves grades 7 and 8. Titan Meyers Development, LLC Agenda Item D3 Page 4 I i I Evaluation and Recommendation The applicants have worked for many months with Staff and the adjoining neighborhood civic league to improve this request for a Planned Unit Development. Density has been reduced from 54 three-story townhouse units to 35 two- story detached homes.The current site plan and proffers ensure a well-designed residential development with .92 acres of common open space.The proffers will provide dwelling units and amenities at a quality level that will blend well with the adjacent established single family residential area and maintain neighborhood stability.As proposed,the development will provide an appropriate transition between the single family neighborhood to the east and the Newtown corridor which is comprised of primarily commercial and multiple family uses.Approval is recommended subject to the submitted proffer agreement and referenced plans and exhibits. As noted in the Public Utilities Impact section of this report,the Department of Public Utilities has concerns pertaining to condominium ownership and a Master Meter hook up.The applicant has offered to construct all water and sewer improvements to City standards and implement a maintenance agreement acceptable to Public Utilities. It is the intent of the developer to have the condominium's management company pay the water and sewer utility bills and then the management company will bill each home owner. Public Utilities is considering these proposed solutions.The applicant and staff will continue working to resolve this issue prior to the Planning Commission public hearing. Proffer Agreement 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Land Planning Solutions, entitled "Connie& Newtown Conceptual Plan,Virginia Beach, Virginia", and dated May 14, 2015 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The maximum number of single-family residential units developed on the Property will be thirty-five (35). 3. The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum front yard setback 20 ft. • Minimum distance between residential units 6 ft. • Minimum rear yard setback(for residential buildings) 10 ft. • Maximum height of residential structures 35 ft. 4. The quality of architectural design and materials of the single-family homes constructed on the Property,when developed, shall be in substantial conformity with the elevations entitled "Somerset Crossing Architectural Elevations" and dated June 19, 2015 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. No two (2) residential dwellings constructed on the Property having the same elevation shall be constructed on the same side of the street within three (3) building lots of each other within a single block. Façade reversal shall be considered dissimilar in appearance. 5. Freestanding signage located at the Property's vehicular entrances from Connie Drive and Daniel Smith Road shall be monument style, no larger than six feet(6') in height, and shall have a brick base. 6. The primary exterior building materials to be utilized as depicted on the Elevations will be 0.044 gauge or better vinyl siding, brick or stone,with 30 year architectural shingles. 7. A six foot(6')tall (maintenance free)vinyl fence shall be permitted to be installed along the side and rear property line boundaries of any residential unit located on the Property so long as such fence does not pass the mid-point of the unit. No fencing is permitted in the front yard of any residential unit on the Property.Such Titan Meyers Development, LLC Agenda Item D3 Page 5 fence shall be maintained by the owner of that residential unit.The type and quality of fencing shall be substantially similar to the example entitled "Fencing Exhibit", and dated May 14, 2015, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards, drive aisles, parking spaces, and driveways are open spaces(the "Open Space")which shall be utilized as such. The Open Space Open Space shall be subject to recorded restrictive covenants that restrict the use of such Open Space for any purpose other than recreation, open space,and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty(50) years. The covenants shall be approved by the City Attorney, or his designee,and recorded prior to the date the first building permit for any building on the Property is issued or any subdivision plat affecting the Property is approved. The Open Space shall be owned and maintained by a homeowners' association or a condominium association made up of the owners of each residential unit on the Property(all of which owners must be members of such homeowners' association or condominium association). 9. All internal streets and alleyways shall be owned by the homeowners' association or condominium association, and except for lane width shall be constructed to City standards.All street lighting and benches shall be substantially similar to the example entitled "Street Lighting and Benches", and dated May 14, 2015, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 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. Titan Meyers Development, LLC Agenda Item D3 Page 6 Proposed Site Layout 0 .L.TO T L.!,,,.z i l,. 7 .. .' T ", 'J7i 7 C o+o+ 1 J m£ �O N_ O O i NQ z -.�.3 11 } o� J Z _ W • O V Y Y Z Ot U • B.g L J 8 8 r O aepi c'c ,N ,; 0- ° •� F. N >- p V O$a ,_-_-_,:8 ,>-;,_ NNC � T.. 1 o / C rp } ,0 Xx= V7 ! a-�6N_ K� . O'XO>u_tnCO ONp � N ;-�.�.-. • C vJh-w O H1 ' � .,- , 1111. 7 I U Y41 _ 1 , g t � I - _ : 3 .11, C. r : i 1-_____ . .1--;.--'010- ... , . ., :� I 1 f ;, ; !,, It \Li__.-/ 111 _- _ --1,...� NMOIM3N '---- Titan Meyers Development, LLC Agenda Item D3 Page 7 i I I Proposed Elevations 4 .. * . *., . ,. , „.. .. , „,,.., joi -.44 i4' j / 0 • 1 I ��,, ' , , !4) i - �.. 1 4 _., 11 a i ld . •,,,,-r-1.7,--- � , i :',..::: . \ • ,,,m-t4,,. ., -.tik _ waila%PH' 4k lit II r s / 1!*'fl1 r �� ` ” 1 1 ._._-- s , It - ii s x , , ,g Iii,i, ,, Ifii I. i Titan Meyers Development, LLC Agenda Item D3 Page 8 II rm... Proffer Exhibits STREET LIGHTING AND BENCHES FENCING EXHIBIT May 14, 2015 May 14, 2015 i ,64. , -' x � 7� II i - _ _ uliflil� -�- FS i 4,,L, 1 ,1,�,, , Ill I ! , - � hA ,!' 4 , „, _ . ...., \. �`Y, 4 (\mak, • 'eal4 .., \or v* r.. t h. :Q h do Titan Meyers Development, LLC Agenda Item D3 Page 9 II Site Photos . .... ., . . irAii,. ..;.*; •,,,-.,,:t..-, " d? ',..:•b,, • . .1: ,-,, SINGLE- ;141',4*..., _-:Asi-' . ,,- ' ..- ....7•,4' '-' Ryon!LY ASSISTED , -' ' _ -FAMILY - 4c;• -.',. ..„:- -, DWELLINGS V - LIVING ;,„'. ' DWELLINGS ,... , • FACILITY' :: _.• • ,-,-,,e,,, /r !:-.,, .... . . . . , . -..- ',..-7/0,„ A . .,---.• ... - -.:__, . „.,. .„., ' •' - - FAMILY '''' ;st. - . . SINGLE",....: DWELLINGS . .. ,•. -..... - , "-... .."..9 DWELLINGS . . .,.. ,....... • LARGE .:.COMMERCIAL AU-TOMOBIe RETAIL STRIP-CENTER REPAIR•— -- ... , ..,._ •,...,, , „... , View from the West . _ fitly,„. _--- .. ..... ..,...„.. ,. -.... ‘ •._ -- -,---.' g.-,..,',f; ,--41, i---•-*. ,• -' . ,,-,• .. , - „ ..----- 7(-.„,,,, . ,7 -— __,:-..., ..r ,. . . • 1 , • : . . I , ,1_ 1 . • I . W. .. ,.-- -',... 7, - ,.. • 4(-, - - ' View looking south down Connie Lane Google Street View, looking north on Newtown Road Titan Meyers Development, LLC Agenda Item D3 Page 10 • Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board a + 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 Fl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USF ON(-Y, u o .nes m.,s he . '.:at.-c('n .1_i.,�e 1'... z,•<. Page 1 OM t. t lulu t oci!ineetinq that{icrtam.to tt e ap„hc. 0 APPLICANT NOTIFIED OF HEARING DALE XI NO CHANCF�Al or ,9/q/.6,,9/q/.6, DAD f6/l� � REVISIO`:S T't Pry of APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of your tax return n n Architect/ Landscape Architect/ Land Planning Solutions Land Planner ❑ Contract Purchaser (if other than n the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed NVR, Inc. ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Ryan Homes Engineers / Surveyors/ Agents AES Consulting, Don McLellan Financing (include current Monarch Bank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) InLegal Services Troutman Sanders LLP Real Estate Brokers / Harrison Lear n Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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? Page 4 of 7 IN1/3 i irsibi4 Buell • agn a[ATION. 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 VBDA Dnp or meettwo ing ting of weeks prior blic body or committee in �n with this Aa. - i • I t Edward F.Myers.ill,Managing f ,,.7 Q.l941/6 „r�r PRINT NAME DATE r • Scanned by CamScanner Conditional Rezoning Application of Titan Myers Development,LLC List and Signatures of Property Owners 7 GPIN: 1468-31-8238.-0000,KHJ, LLC By: Its: n'I i1 ygG/2— Date: 4' '' 4,9-7' 1S 2. GPIN: 1468-31-8497-0000,Bess P. Decker •�'_ : A - _ Bess P, Der Date: (24( 2 s( Z0/7 . 3. GPIN: (468-41-01'7-0000,Moni : . ihnson. _ 2 Monica ohnson Date(J Lij t /f 0 4. GPIN: 1468-41-0516-0000,Talmadge C. Hunt,Sr. Revocable Living Trust --f/WM 4 1 e_ (1 i /17 lu* w i- g 4 e' By: �rts:..*.. I AA Its: . ,P0 S se.. T Date: _ – 24_, -- /5- . 26228677r 1 5 • •••• •••:'11••• y • �•• •may • .s_.. I ^- Qnfl Check here if the APPLICANT IS NOT a corporation, pa netshipx l`r business, or other unincorporated organization. 1'1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:TITAN MYERS Development Lig if an LLC, list all member's names: Edward F.Myers III,Managing Member Robert W.Horton, Member If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) N/A (B) List the businesses that have a parent subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) IIA See next page for information pertaining to l'ootnotesi and 2 t 4 op -"y Ql uh er */ - /' /'(J 1 ki-t' 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, )(1 business,or other unincorporated organization. ihrviz Check here if the PROPERTY OWNER i5 a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:KHJ,LLC _ if an LLC,list the member's names:Linda V.Exum,Bruce W.Exum,Jr.,Bruce W.Exum,Sr. Page 4111111 iii Co 1 I •~fir .‘t..0..• _ Virg a C��- .......L_____:„..........,,,,N/A ..4- ---t---' If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) LI xr9604 1/4, tx14 M / t X406*4/AA-- I'''. 044466 14 Gsc u,44/ -sie v )446. ,it.ae-p7-64.01- (27/6-u, a 141,. b kCA,AA1W . ,KA" (8) List the businesses that have a parent-subsidiary I'/ 144 affiliated bus! ss entity 2 relationship with the Property Owner. (Attach list If necessary) N/A 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,(U)a controlling owner in one entity is also a controlling owner in the other entity.or (il) 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. 4 I SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of tht application or any business operating or to be operated on the Prooertv. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page WS S II ~`y - clic -- •• OWNER viginiaBeach: • YES 1 "— I SERVICE PROVIDER hikeaddiuonai sheets if needed) Accounting and/or preparer of your tax return ❑ F, Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ��. the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O e purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ e Construction Contractors ❑ e Engineers/Surveyors/Agents Financing(include current ❑ c mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 17",..1 Legal Services s��_ - = •��.• • Real Estate Brokers/ Jack Goad Fianna 0 Agents/Realtors for current and anticipated future sales of the sublect property s 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 subject land or actiany proon? posed development contingent on the • If yes,what is the name of the official or employee and what is the nature of the Interest? N/A Page SIMI a i II ,(ar,... � w�N:7" -.ZSr..a .. ti `+A�i r . L`'i " r^- a . T x5,r _ ._ ,'�; S �? fS.. � !vy t�' ,t ; • �,'� •� t _ .i .'`i� J J ',trF•�J�i A r 'r `r � "�,t .'1 �'}" lx, `t..-.4, -`ti`�;+ `r.;$�{{•�. 'W,:•"2r �'S�4 z r t,,cam{ �.�,. } „t n o fir 4 , ' .:f'.is: iu'+,�+ r-yy,! -s �' '1.i ;,� .3 ia*V` - 71 rc ,4 ' 5k. i`t is /f�a�`.L�".ir 721.'-�i i` , ;,E-'' -_.�``" } �,' '- >k rF f""-r •,.fetilr4': I. I�.. v!, .. . J W-,:`rk.4 . p�,~�p..'� 1: ti. '� ^tl� Lcyq t �"6!I'L.k�r• .t r r' r 1 '_ ...1.31. .4'y - ...4;,,;..,,4,44k ;,,;.., Y -i ii- S t r,� �f 'E cE y. r S '�''� .T,� A' -/ .�J r y J Y i .-1^:-,'_ .�ca f� ��' �i t; " s tY-,� �'��y��1.rr:�..' '� �. t-�' � f� y �� `v ta_ .. )f` S ; „ et a i, }i fi`'z. `"d u ., '''• v , tfi `., •�.+ �r j, ., ,� ;"-d'; r r.Tri4..i• :r 7P7'�1i i!1.. '�..•t :l{ .r.:+i.{ �'�c;.CC r•- '�'.'ti.:'-'. . 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 Appyan. 9,7 �LI.i IV � vc � n.eG�rove 1524.4-Grc u/ ex-c40,7 3-3--ie PR OWNER'S SIGNA1UJIE iel 41../1"c%.` PRINT NAME g, U� b� t ‘of DATE S 1 i II fro/port y Loh erT. • • • • - OWNER virana:i3each �� YES NO SERVICE PROVIDER(use.additionai sheets if needed)--J" ® Accounting and/or preparer of your tax return O Architect/Landscape Architect/ Land Planner © Contract Purchaser(if other than 1:11 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 111 Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Real Estate Brokers / N Agents/Realtors 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 ❑ Li an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A WIMP l0' • • k. ... � a> Virguua Bearh � 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. Bess P. Decker 31-14 PRO ERTY OWNER'S SIGNATURE PRINT NAME DATE MUMS 'i re/ e,r ► l L- W//vo • • • ma I) 5 _OWNCRIPIr ER Virginia Beach PROVIDER(u'seadditiona siieeis if YES NO SERVICE needed)"„ ® L E Accounting and/or preparer of your tax return I Architect/ Landscape Architect/ Land Planner • ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Di ® Construction Contractors 111 Engineers/Surveyors/Agents Financing(include current ❑ © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Real Estate Brokers / 111 Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ © an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A /a I aT :1 t . IMEMIlikar CERTIFICATION:. !certify that all Of.the information contained in this Disclosure Statement Form is complete, true, and,accurate. i understand that, upon receipt of notification that the application has .been; scheduled for public hearing, I am responsible for updating the information; provided herein two weeks prior to the Planning Commission, Council, VW* meeting, Or meeting of any public body .or committee in connection with this Application.. 'V I)Lter. 61 Monica J. Simons 02/2(97 PROPERTY:owNER`S 'NATURE. .PRINT NAME DATE _ I • • • P 7ro'rr' y vwhC ' ' • • • OWNER City Beam ,�-y „ice YES NO SERVICE PROVIDER (useaddttiu'nal;sheets If needed)-- D © Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than © the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) aConstruction Contractors 111 Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) © Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page`I- 7 I • C t t a U Virginia Beach 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 A. 'lication. A • Talmadge C. Hunt Sr. PROPERTY OWN+''S SIGNATOR / 3-1-f 4 PRINT NAME DATE dr Scanned by CamScanner i5 i II Disclosure Statement • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of 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. 141 Check here if the APPLICANT IS a corporation, partnership, firm, business, or (.i .... t Page 1 of 4 , 111)ur ;ren ,. Titan Meyers Development, LLC Agenda Item D3 Page 11 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) Titan Myers Development, LLC- Fred Myers(Managing Member)and Robert W. Horton(Member) • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Titan Development LLC; Myers Development, LLC 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. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Titan Meyers Development, LLC Agenda Item D3 Page 12 1II Disclosure Statement NiB Virginia Beach i "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 IN Accounting and/or preparer of your tax return El C Architect/Landscape Architect/ Melissa Venable,Land Planning Land Planner Solutions Contract Purchaser(if other than 111 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C purchaser of the subject property I- (identify purchaser(s)and purchaser's service providers) nEl Construction Contractors nn Engineers/Surveyors Don Mclellan,AES Consulting 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. Titan Meyers Development, LLC Agenda Item D3 Page 13 Disclosure Statement 1.113 Virginia Beach Financing(include current mortgage holders and lenders ' selected or being considered to provide financing for acquisition or construction of the property) II Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development nan 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. 4 _J— Oct wawl F h-Ligrs 6 3v- i s APPLICANT'S SIGN RE PRINT NAME DATE Sit/C— 1,1,i ?i i . 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. Titan Meyers Development, LLC Agenda Item D3 Page 14 Disclosure Statement likB 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 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. 7 Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN.complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc. below: (Attach list if necessary) K[4 S LL_c.r '-Jli-(,LL6- tAl_ --X Gcn1� Cw 1..._-1 P.i - V/ e'Jz.C4- ‘- i? /-2_,14.c.,,— IA), 69-(,c.4.- J i - (B) List the businesses that have a parent-subsi ary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Titan Meyers Development, LLC Agenda Item D3 Page 15 � o Disclosure Statement 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 On there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. • 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) • 1 Accounting and/or preparer of your tax return • jEf Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Eithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed • (21 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 11 0 Construction Contractors • �--�+++ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Titan Meyers Development, LLC Agenda Item D3 Page 16 Disclosure Statement NB Virginia Beach Financing(include current C )4 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nZ Legal Services tzReal Estate Brokers/Agents for current and anticipated future safes of the subject property 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ XS 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. A17,75,SIGNATtJRE PRINT N ME DATE ,14441•'-‘ tiMa67:71524 / /kLa-- PROPERTY OWNER'S SIGNATURE� 1� 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. Titan Meyers Development, LLC Agenda Item D3 Page 17 Disclosure Statement Conditional Rezoning Application of Titan Myers Development,LLC List and Signatures of Property Owners . GPIN: 1468-31-8238-0000,KHJ,LLC 11-471-‘1- By: 0�L/� t '— VliLf�✓L Its: 1'1'I t1v1 g4:72---- Date: _ ,9--d'--/.5- 77 2. GPIN: 1468-31-849770000,Bess P.Decker T7 - 614/--- 1}k-cL-e__-4--L- ------- Bess P. Der Date: LC-41_1_,2/ Z 0,5-- 3. GPIN: (468-41-01'7-0000,Moni : . *hnson, • Monica ohnson i Date 1 �: 15 __ 4. CPIN: 1468-4141516-0000,Talmadge C.Hunt,Sr.Revocable Living Trust !M�-/4 lC (7, /kAl/ S/? By: ./!i , - ir•1.1`512 Its: .--T,Z7 v Date: (c 2 4, -- /y 26228677%I Titan Meyers Development, LLC Agenda Item D3 Page 18 I Disclosure Statement Conditional Rezoning Application of Titan Myers Development,LLC List and Signatures of Property Owners 1. GPIN: 1468-31-8238-0000,KHJ,LLC By: Its: Date: 2. GPIN: 1468-31-8497-0000,Bess P.Decker Bess P.Decker Date: 3. GPIN: 1468-41-0127-0000, Monica Johnson and Jacqueline C. Glasdie(f/k/a Jackie Bullock) Monica Johnson Date: IL/AG ci • Yi i.61d pit/ Ja ueli C.Cjlasilie 4Dat : / OS 4. GPIN: 1468-41-0516-0000,Talmadge C.Hunt,Sr.Revocable Living Trust By: Its: Date: 26228(77 I Titan Meyers Development, LLC Agenda Item D3 Page 19 Disclosure Statement Conditional Rezoning Application of Titan Myers Development,LLC List and Signatures of Property Owners 1. GI'IN: 1468-31-8238-0000,KHJ,LLC By: Its: Date: 2. GPIN: 1468-31-8497-0000,Bess P.Decker Bess P.Decker Date: 3. GPM: 1468-41-0127-0000,Monica Johnson and Jacqueline C. Glasdie(f/k/a Jackie Bullock) Monica Johnson Date: Ja uAJekt Glas • ' Naj Dat : is die 4. GPIN: 1468-41-0516-0000,Talmadge C.Hunt,Sr.Revocable Living Trust By: Its: Date: 26228677n I Titan Meyers Development, LLC Agenda Item D3 Page 20 G1�IA•BF,cic L 1441 r `l''.', " CITY OF VIRGINIA BEACH !'� 9��if 1�ey, wk.:,, ' v INTER-OFFICE CORRESPONDENCE o` .-,-.. _-or ! 2 s 4 nD 4-sOF OUR,`NMS\Oa'' In Reply Refer To Our File No. DF-9470 DATE: April 7, 2016 TO: Mark D. Stiles DEPT: City Attorney I \ FROM: B. Kay Wilso fi DEPT: City Attorney RE: Conditional Zoning Application; Titan Myers Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 19, 2016. I have reviewed the subject proffer agreement, dated June 25, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 25th day of June, 2015, by and between TITAN MYERS DEVELOPMENT, LLC, a Virginia limited liability company ("Titan", to be indexed as grantor); KHJ, LLC, a Virginia limited liability company("KIHJ",to be indexed as grantor);Bess P.DECKER("Decker",to be indexed as grantor); Monica JOHNSON and Jacqueline C. GLASDIE (f/k/a Jackie Bullock) ("Johnson and Glasdie", to be indexed as grantors); and TALMADGE C. HUNT, SR. REVOCABLE LIVING TRUST ("Hunt", to be indexed as grantor) (Titan, KHJ, Decker, Johnson and Glasdie, and Hunt are hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, KHJ is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1468-31-8238-0000(the"KHJ Parcel"),which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A;and WHEREAS, Decker is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1468-31-8497-0000 (the"Decker Parcel"),which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B;and WHEREAS, Johnson and Glasdie are the current owners of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1468-41-0127-0000 (the "Johnson Parcel"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, Hunt is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1468-41-0516-0000(the"Hunt Parcel"),which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit D;and WHEREAS,Titan is the contract purchaser of the KHJ Parcel,the Decker Parcel, the Johnson Parcel and the Hunt Parcel(together the"Property");and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-7.5 to Conditional PD-H2(A-12);and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantors acknowledge that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned PD-H2 (A-12) are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing PD-H2 (A-12) zoning districts by the existing City's Zoning Ordinance (CZO),the following reasonable conditions related to the physical development,operation and use of the Property to GPIN NOs.: 1468-31-8238-0000; 1468-31-8497-0000; 1468-41-0127-0000; 1468-41-0516-0000 27980089v3 be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning;and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively,the"Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives,assigns,grantees and other successors in interest or title,namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Land Planning Solutions, entitled "Connie & Newtown Conceptual Plan, Virginia Beach, Virginia", and dated May 14,2015 (the "Concept Plan"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The maximum number of single-family residential units developed on the Property will be thirty- five(35). 3. The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum front yard setback 20 ft. • Minimum distance between residential units 6 ft. • Minimum rear yard setback(for residential buildings) 10 ft. • Maximum height of residential structures 35 ft. 4. The quality of architectural design and materials of the single-family homes constructed on the Property, when developed, shall be in substantial conformity with the elevations entitled "Somerset Crossing Architectural Elevations"and dated June 19,2015 (the"Elevations"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.No two(2) residential dwellings constructed on the Property having the same elevation shall be constructed on the same side of the street within three (3) building lots of each other within a single block.Facade reversal shall be considered dissimilar in appearance. 5. Freestanding signage located at the Property's vehicular entrances from Connie Drive and Daniel Smith Road shall be monument style,no larger than six feet(6')in height,and shall have a brick base. 6. The primary exterior building materials to be utilized as depicted on the Elevations will be 0.044 gauge or better vinyl siding,brick or stone,with 30 year architectural shingles. 27980089v3 2 7. A six foot(6')tall (maintenance free) vinyl fence shall be permitted to be installed along the side and rear property line boundaries of any residential unit located on the Property so long as such fence does not pass the mid-point of the unit.No fencing is permitted in the front yard of any residential unit on the Property. Such fence shall be maintained by the owner of that residential unit. The type and quality of fencing shall be substantially similar to the example entitled "Fencing Exhibit", and dated May 14, 2015, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards, drive aisles, parking spaces, and driveways are open spaces (the "Open Space") which shall be utilized as such. The Open Space shall be subject to recorded restrictive covenants that restrict the use of such Open Space for any purpose other than recreation, open space, and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty(50) years. The covenants shall be approved by the City Attorney,or his designee,and recorded prior to the date the first building permit for any building on the Property is issued or any subdivision plat affecting the Property is approved. The Open Space shall be owned and maintained by a homeowners' association or a condominium association made up of the owners of each residential unit on the Property (all of which owners must be members of such homeowners' association or condominium association). 9 All internal streets and alleyways shall be owned by the homeowners' association or condominium association, and except for lane width shall be constructed to City standards. All street lighting and benches shall be substantially similar to the example entitled"Street Lighting and Benches",and dated May 14,2015,a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 10. When the property is developed, Grantor shall install sewer and water facilities, built to all current standards required by the City of Virginia Beach Public Utilities Department and offered for dedication to the City of Virginia Beach,within the streets as shown on the Concept Plan,to serve the individual homes within the development. Prior to the issuance of the first Certificate of Occupancy for any homes in the development, Grantor shall cause to be recorded a public utility easement for the benefit of the City of Virginia Beach over the streets shown on the Concept Plan. 11. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach,Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court;and(4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors"under this Agreement, and Owner shall have no further rights or obligations of a"Grantor" under this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 27980089v3 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. TITAN MYERS DEVELOPMENT, LLC, a Virginia limited liability company By: cg C - Edward Fletcher Myers, III, Managing Member COMMON ALTH/'TATE,OF J cinivt.c' CITY/CO TY OF /"' k 5f AC'1 I , to-wit: Tjf The foregoing instrument was acknowledged before me this 3v day of An1 , by Edward Fletcher Myers, III, who is personally known to me or has produced PRid{/ZS Li cerise- as identification, in his capacity as Managing Member of Titan Myers Development, LLC, on behalf of the company. Ante Notary i'u c My Commission Expires: /.)13 C/ O` ��sane11C0 Registration No. b �e;�NWARy•vfro'�� [NOTARIAL SEAL/STAMP] _ ID :a EE EXP. /2/3 /t'z= 26229956v1 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. KHJ, LLC, a Virginia limited liability company /L By: /l4 L C,( Its: COMMONWEALTH/TATE OF V 1 a;(1 rte CITY/COUNTY OF \I 1 rc'i i 1 rC 1"1(ct(4'/ , to-wit: The foregoing instrument was acknowledged before me this( lday ofY Ant, , 2015, by #�.)r"'k l +. `t1 , who is personally known to me or has produced as identification, in his/her capacity as r rielhIC:�" of KHJ, LLC, on behalf of the company. Notal s/" My Commission Ex ires: (..I;I 1�, AY • : �F�% Registration No. { y3 1�{( P eA cY .�: U LI [NOTARIAL SEAL/STAMP] = n : rty G' '=8341 " = o: ccr.m!ssro• 02 XPl Ec � #' / 41LTH 00\� % 11111 26229956v1 5 IN WITNESS WHEREOF, the undersigned execute this Agreement as of the date first written above. / iP Bim'. Decker COMMONWEALTH/STATE OF V L1Z�ln CITY/COUNTY OF K (K , to-wit: The foregoing instrument was acknowledged before me this 431`day of \-I' 2015, by Bess P. Decker, who is personally known to me or has produced 13IA as identification. otary Public My Commission Expires: (0(3#11- Registration 0('#11- Registration No. 2`+71I51to [NOTARIAL SEAL/STAMP, 2 w CARESSA ANETA HENDERSON NOTARY PUBLIC E. REGISTRATION# 247956 mil n r COMMONWEALTH OF VIRGINIA MY CO IS X13 ION_E� RES ----�--- 26229956v1 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. LIT043_6- AP :PI V Monica ohn i COMMONWEALTH/STATE OF V) rg CITY/COUNTY OF N©rfclk , to-wit: The foregoing instrument was acknowledged before me this 2 '#hday of SIM C , 2015, by Monica Johnson, who is personall known to me or has produced as identification. : aka Notary Public My Commission Expires: q J&J'z f 17 Registration No. 30 5 9.3 [NOTARIAL SEAL/STAMP] DIANA E.HARGER Notary Public Commonwealth of W glnia 305116 My Commission Expires Sep 30,2017. 26229956v1 7 IN WITNESS WHEREOF, the undersigned execute this Agreement as of the date first written above. Monica Johnson COMMONWEALTH/STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of 2015, by Monica Johnson, who is personally known to me or has produced as identification. Notary Public My Commission Expires: Registration No. [NOTARIAL SEAL/STAMP] ,e,6*0 Ja uelin C. G1as ie COMMONWEALTH/STATE OF N-evi'S�.11� CITY/COUNTY OF (GMa�-�1 , to-wit: The foregoing instrument was acknowledged before me this CI day of fLCIUSl 01N5, by Jacqueline C. Glasdie, who is personally known to me or has produced evi ie cey WoRts Were as identification. WAkitpt ib4 11300 Notary Public My Commission Expires: \\-)\a� 11 I ,M? Registration No. - - — - ---y DANIELLE GIBBONS [NOTARIAL SEAL/STAMP] Notary Public 4 State of New Jersey My Commission Expires May 27,2020 26229956v1 7 i 11 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. Talmadge C. Hunt, Sr. Revocablewing Trust 4e- d , , / 01 4/1 B •/« f , >4 /� - • -reps: Ile e Its. /-'v S f C- COMMONWEALTH/STATE OF VI' Q-(Si n t a- CITY/COUNTY OF ►JO v'COI IC-_. ,to-wit: The foregoing instrument was acknowledged before me this aC.P day of(3_u_ver . , 2015, by --yr-11 r ,ictc C,l- t�rt kkn _who is personally known to me or has produced v12 c,, in D I,g be as identification, in his/her capacity as "Ty-Li s4-e-e of Talmadge C. Hunt, Sr. Revocable Living Trust, on behalf of the Trust. _ k .._ , ,�r' , - S.._ _aI -Ito Notary Public I-- My Commission Expires: c ).9c ( j e Registration No. &I(Q U29 [NOTARIAL SEAL/STAMP] N,,plun n rtrq►A NOTARY REG�9 E.;n :MY COMMISSION to/ilit4 02/28/18S . E ,-",,' �, LTH Off " '',,' 26229956v1 8 Exhibit A Legal Description of KHJ Parcel ALL THAT certain tract or parcel of land, located in Bayside Borough, City of Virginia Beach, Virginia, known and designated as "1.972 Ac." on that certain physical survey entitled "JOHN CLARK ESTATE, being the remains of Site 23, Newsome Farm, Bayside Borough, Virginia Beach, Virginia", made for Ralph J. Nahra and Connie Lane Associates, dated December 23, 1980, by Gallup Surveyors & Engineers, Ltd.,reference is hereby made to said survey for a more particular description of said parcel. The aforesaid survey is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") in Map Book 145 at page 50 and is also recorded in Deed Book 2087 at page 728. IT BEING the same property conveyed to Ralph J. Nahra and Connie Lane Associates, a Virginia general partnership, dated December 30, 1980 and recorded in the Clerk's Office in Deed Book 2087 at page 724. LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra, husband and wife, and Connie Lane Associates, a Virginia general partnership, dated December 17, 1981 and recorded in the Clerk's Office in Deed Book 2185 at page 733, and designated and described as follows: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "10' UTILITY EASEMENT" as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ACQUIRED ALONG CONNIE LANE, NEWSOME FARM BY THE CITY OF VIRGINIA BEACH, VIRGINIA BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA SCALE: 1" = 100' MAY, 1979 MARSH AND BASGIER, INC., P.C.". The said plat is duly of record in the Clerk's Office in Map Book 136, at page 27, and which plat is incorporated herein by reference thereto, and to which reference is made for a more particular description. LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra, husband and wife, and Connie Lane Associates, a Virginia general partnership, dated May 4, 1983 and recorded in the Clerk's Office in Deed Book 2259 at page 1885, and designated as described as follows: 26229956v1 9 All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as : "TAKE AREA = 1,054 SQ. FT." as shown on that certain plat entitled: "R/W ACQUISITION PLAT PARCEL 043, DIAMOND SPRINGS ROAD FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA, SCALE: 1" = 50', JULY 12, 1982, BASGIER AND ASSOCIATES, A PROFESSIONAL CORPORATION, CONSULTING ENGINEERS, SURVEYORS, PLANNER, VIRGINIA BEACH, VIRGINIA." Said plat is recorded in the Clerk's Office in Deed Book 2259 at page 1888, to which reference is made for a more particular description. LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra, husband and wife, and Connie Lane Associates, a Virginia general partnership, dated November 28, 1988 and recorded in the Clerk's Office in Deed Book 2787 at page 1408, and designated as described as follows: All that certain piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, State of Virginia, containing 4,101 Sq. Ft. and designated as "Take Area 4,1012 Sq. Ft." on that certain plat by Basgier and Associates, P. C., dated January 17, 1986, entitled "Plat Showing Newsome Farm Area Street Improvements Property Being Acquired For Connie Lane Road Widening By The CITY OF VIRGINIA BEACH, VIRGINIA from RALPH J. NAHRA AND CONNIE LANE ASSOCIATES Bayside Borough — Virginia Beach, Virginia", which plat is recorded in the Clerk's Office in Deed Book 2754, page 1194; TOGETHER WITH the temporary right and easement to use the additional area, containing 1,074 Sq. Ft., designated on the above-mentioned plat as "5' Temporary Construction Easement", for construction cut and/or slopes as being required for the proper execution and maintenance of work. Said easement will terminate when the City grades the property adjacent to the lands being conveyed so that there no longer exists the necessity for maintenance or until such time all construction has terminated and the City of Virginia Beach accepts the work as being completed. 26229956v1 1 0 I i it Exhibit B Legal Description of Decker Parcel ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, numbered 664 Newtown Road, situate in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia; and being known, numbered and designated as Lot 22 on the Plan of Newsome, situate in the City of Virginia Beach (formerly County of Princess Anne), Virginia containing 3 1/2 acres, more or less, and bounded on the north by the land of Daniel Smith; on the east by the land of Smith; on the south by the land of John Clark; and on the west by the County Road leading to Bayside. SAVE AND EXCEPT the hereinafter mentioned parcels of land which have been conveyed off: 1. Parcel conveyed by Ella Alston widow, to James Jasper Freeman, by deed dated October 28, 1955, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office"); in Deed Book 428, at page 299. 2. Parcel conveyed by Ella Alston, widow, to Henry W. H. Walker, ex ux, by deed dated June 15, 1957; and recorded in the Clerk's Office in Deed Book 502, at page 510; and by Deed of Correction between the sane parties dated August 1, 1962, and recorded in the Clerk's Office in Deed Book 742, at page 356. 3. Parcel conveyed by Ella Alston, widow, to Norman Shaw, et ux, by deed dated August 9, 1963, and recorded in the Clerk's Office in Deed Book 798, at page 375. 4. Parcel conveyed by Ella Alston, widow, to Talmadge C. Hunt, Sr., et ux, by deed dated October 15, 1964, and recorded in the Clerk's Office in Deed Book 870, at page 327. 5. Parcel conveyed by Ella Alston, widow, to Henry W. B. Walker, et ux, by deed dated April 29, 1965, and, recorded in the Clerk's Office in Deed Book 898, at page 628. 6. Parcel conveyed by Ella Alston, widow, to Jesse L. Doles, et ux, by dead dated April 29, 1965, and recorded in the Clerk's Office in Deed Book 898, at page 630. 26229956v1 1 1 LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach by virtue of deed dated April 22, 1983 and recorded in the Clerk's Office in Deed Book 2256 at page 2135, as shown as Parcel 039 on a plat recorded in the Clerk's Office in Deed Book 2735 at page 1976. LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach by virtue of deed dated April 10, 1990 and recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia ("Clerk's Office") in Deed Book 2924 at page 617, as shown as Parcel 039 on a plat recorded in the Clerk's Office in Deed Book 2735 at page 1976. IT BEING a portion of the property which was conveyed to Ella Alston by the dead of Richard B. Kellam, Special Commissioner, dated July 31, 1953, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Deed Book 339, at page 73. Ella Alston died March 8, 1969, in the City of Virginia Beach, Virginia, and by her will dated January 28, 1969, recorded in Will Book 34, at page 281 left the subject property to Eva H. Smith. Eva H. Smith died intestate on December 18, 1987, in the City of Virginia Beach, Virginia. The subject property passed to James Coston, her only heir at law named on the list of heirs, recorded in Will Book 73, at page 340. 26229956v1 12 Exhibit C Legal Description of Johnson Parcel ALL THAT certain land, piece or parcel of land with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia and designated and described on a certain plat or survey entitled "Property of Alice Ann Johnson Estate, Tract #24, Newsome Farm, Deed Book 59 at page 49 located near Davis Corner, Princess Anne County, Virginia" made by W. B. Gallup, C.E., dated October 14, 1954, which plat is duly recorded in the Circuit Court of Princess Anne County, Virginia(now known as the City of Virginia Beach) and designated on said plat as Parcel "A"; reference to said plat is hereby made for a more particular description of said lot. LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach by virtue of deed dated June 14, 1989 and recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia in Deed Book 3763 at page 983, as shown on the plat attached thereto. 26229956v1 13 Exhibit D Legal Description of Hunt Parcel ALL OF THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Borough of Kempsville, City of Virginia Beach, Virginia, more particularly described as being apart of LOT TWENTY-TWO (22) Plan of Newsome, said property fronting Eighty (80) feet, more or less, on Newton Lane and running back between parallel lines One Hundred Twenty-Nine (129) feet, being bounded on the north and east by the lands of Ella Alston, on the south by the lands of Shaw and on the west by Newton Lane. LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach by virtue of deed dated April 20, 1988 and recorded on April 20, 1998 in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia ("Clerk's Office") in Deed Book 2725 at page 1354, as shown as Parcel 040 on a plat recorded in the Clerk's Office in Deed Book 2682 at page 635. It being a portion of the property conveyed unto Talmadge C. Hunt, Sr. and Helen B. Hunt, husband and wife, by deed of Ella Alston, Widow, dated October 15, 1964, and duly recorded in the Clerk's Office, in Deed Book 870, at Page 327. The said Helen B. Hunt departed this life on June 21, 2011, leaving Talmadge C. Hunt, Sr.,the Grantor herein, as sole owner of the subject property. 26229956v1 14 Item#D3 Titan Meyers Development, L.L.C. Conditional Change of Zoning District 2 Kempsville March 9, 2016 REGULAR Jeff Hodgson: We are going to shuffle a little and do agenda item D3 next. Jan Rucinski: Agenda item D3 is Titan Meyers Development, L.L.C.,an application of a Conditional Change in Zoning from R-7.5 Residential District to PD-H2 A-12 Apartment District on property located on Daniel Smith Road and Connie Lane, east of Newtown Road, District 2, Kempsville. Is the representative here? Hi. R.J. Nutter: Yes ma'am. Thank you very much. Members of the Commission,for the record my name is R.J. Nutter, I'm an attorney representing the applicant. It is a pleasure to be before you. Thank you very much. This application has come a long way. I've met with Mr.Weiner,the district rep,and let him know the history. I won't bore with the history, but I will give you a little bit of contrast in the application. When my clients purchased the property that is before you today,they were trying emulate an application that you all had approved,actually just a little less than three years ago for the Bishard Family. This is Daniel Smith Road,and the other property located just off this street here and went into this block. And,that property came before the Commission. It was called the River of Life application. It was approved by the Commission unanimously, approved by Council unanimously. And it called for a series of single-family homes, much like we're doing here. It was about 3.9 acres and it had 42 homes, so it was about 10.6 units per acre. It didn't have as much open space as this but it had very attractive homes being built on it that were selling very well,about the$280,000 to$300,000 range. And we submitted the application and the staff said,this is,we don't want to go down that road again. We want more open space. Can you work with us in that regard?And we said, certainly we can. So,to create more open space,would you consider doing townhomes,we can give you more open space. We worked with staff and they said,you know that could work for us. So,we then went to the civic league and the Council representative in this case,who did a wonderful job with us and the civic league, Dr. Ross Hammond. They sat down and they said, we like what you're doing except we hate townhouses and we want you to go back to single-family. So,we sat back down with staff,and said, let's go back to work. And so,what happened is they came back and we found a way to reduce the density too,actually we showed the civic league we could put 38 units. We met with them and Dr. Ross Hammond and they approved of that. When we then laid it out in more detail because staff wanted some more internal parking,some additional parking,we brought it down to 35 units. So,that is a very short review of a nine month history, much like giving birth, I might add. I've never given that pleasure but I would tell you that we went through a long process, nor do I want to go through that process. But I can tell you. A lot of hats go off here. Praise here to the civic league who spoke up and gave us clear direction and was very supportive and Ms.Carrington is here today. I'll tell you about her in a second. And in addition to that,to my clients, who really had to reverse course several times to get where everybody would be happy. But the nice part for you is by comparison,the other application,this is 7.9 units to the acre as opposed to 10.6. It has more open space than the other application. It has on-site additional visitor parking that the other application did not have. And another thing that I thought you should know is Item#D3 Titan Meyers Development, L.L.C. Page 2 that the other homes were all vinyl in that case. This has brick and stone on all the units, so;we wanted to make sure you were aware of all that too. So, it is a really significantly improved application from what was previously approved what was down the street. We think it will hold property values,and we're happy to be here before you. Now, Ms.Carrington stepped in at the last minute here. Mr. Kirk has kind of been the leader of the civic league. Ms.Carrington is actually the President, but Mr. Kirk was going to be here today but had to go to the hospital last night, so he was kind enough to email Ms. Carrington. She was kind enough to take time off at the last minute to come down and speak in favor of today. I'm afraid we do have one person in opposition. I'm advised by Mr. Kirk and Ms.Carrington that, whoever that is,did not attend the civic league meeting when this was advertised. We went to the civic league about January, so this has been before them now for some time. So, I'm here to answer any questions you all might have. And, of course respond to the person who might be here in opposition Jeff Hodgson: Are there any questions for Mr. Nutter?Thank you sir. R.J. Nutter: It's my pleasure. Thank you very much. Jan Rucinski: We do have one other speaker in support. Linda Carrington. Jeff Hodgson: Hello. Jan Rucinski: Please state your name for the record. Linda Carrington: Hi. My name is Linda Carrington and I am the President of the Newsome Farm Civic League. And Mr. Kirk has been the go person on this because I work all the time. But, when they brought it to the civic league twice, and we went over it,we had a couple of meetings,and they came back, and my objective was. I moved there from Burton Station, and I have a nice neighborhood and I would like to keep it that way. And, I have been to the City for several projects, and I don't want it built up where you come down Newtown Road and you can't see our houses.You can't see anything. I would rather for it to be homes there,so we can stay the neighborhood that we are. We came from a target neighborhood and we come a long way,and we got history there. I don't want it to be built up with townhouses and apartments and condos where if you ride down Newtown Road,you can't see it. I would rather for homes to go there and the civic league has agreed with the Planner and Mr. Nutter to have homes there. And, I'm for it 100 percent. And then the President of the civic league, I have been told to say these things to you all. They want less houses but these the people who don't come to the civic league. They want lesser homes. They want to reduce one of the exits, and they want to have traffic pattern studies done again to make sure that it won't hinder the existing people that live there going out,which hinders us anyway because we are on Newtown Road. It's the main stream to the interstate. It's the main stream to the airport. It's just the main stream to the Little Creek Base. It is going to hinder us anyway, but I'm for it. I just don't want my neighborhood to be hidden. I've done too much work in the neighborhood for it to be hidden by some apartments. So,that is my opinion. Jeff Hodgson: Thank you. Are there any questions for Ms. Carrington? Thanks for coming down today. Linda Carrington: Thank you. Item#D3 Titan Meyers Development, L.L.C. Page 3 Jan Rucinski: Our speaker in opposition is James Sodnlarer. Come forward please, and if you will, state your name for the record please? James Sodnlarer:Yes. My name is James Sodnlarer,a resident of Virginia Beach since 1966, and currently at the address for the last 26 years at Connie Lane. A point on this matter, Ms. Carrington has been living across the street there. She is President of the civic league. I was a member 26 years ago, Ms.Sandy Shaw, which our neighborhood. I see,we are very diverse here. It is a historical black neighborhood. It was founded in 1991. Ms. Shaw,there is a little brick monument out there in front of our community in honor of her. She used to be very,very active within the community,and she instilled in me that they don't trust the City. And, as I can see, I've got three minutes they told, so I'm just going to run it down real quick. I've lived here a long time. They worked with the civic league, I think there were four people they said was at the meeting last week. I get very,very emotional. I went around the neighborhood, and out of all of these nearly three dozen names and address,just addresses, not people who are living there,three people are members of our civic league. I let things go and maybe I shouldn't. I just start talking about Comprehensive Plans and all of that smart growth.The whole fact of the matter is that they got to rezone to get it there. It is zoned R-7.5 now. The frontage isn't there for any of this right near this thing right here. There is not enough land to be rezoned for that,so;just the fact that there is not enough land ought to be enough to say no. Ms. Carrington, I refer to her. I hate making barriers and what not, and talking about barriers fencing. The first thing you're going to see when you come down my street is fences on the backside of people's, 10-feet in the back. I think they want six feet in between the houses. I can't even fall over without hitting the house next to me. Fire, if our house was to be on fire. It happens. One goes up the next one goes next to it. I'm real short. I know this is what they've told a lot of the residents that is s a done deal.They are going to do it,and they're going to do it. Well,this is the first step, I believe,and correct me if I'm wrong. This is the first time I've stood before the Commission. If I'm wrong, in 1996, I was against rezoning R-7.5 for the Rite-Aid that was in business for two years, and it has been blighted,vacant ever since for the last 12 years. It had to start here. A couple of words that I heard today were demographics. You're going to be putting a community within a community, 35 homes. There are not 20 on one side of the street going in there. My lot, I have a 1,300 square foot home and it has 1,700 square feet of lot, big lots.That is what I like. I don't want to be six foot from someone. I don't know how big the homes are, close together. You get people close together,you know what happens. It is all over the City. Congestion, and we won't even go with the parking there. There is parking in that area. You can ride down anytime down my street, I was coming out today,there is water coming over the sidewalk. Owners of the property, I don't know how long they've owned this property. It's been dilapidated,just completely terrible. I walk the woods the other day.There were piles of cars this high. What I would ask it would be great if the owners of the property. What scared me were the names that were on the owners of the property.That is what got me going. I won't say that but there are some people's names on there and it scared me. You start dealing with some people. I know it is a phone call away. Jeff Hodgson: Sir, I will ask that you start wrapping it up. James Sodnlarer: I'm sorry. Jeff Hodgson: That's okay. I just want you to get your last few thoughts out. James Sodnlarer: My last few thoughts are that the people and I didn't go door to door just stop going Item#D3 Titan Meyers Development, L.L.C. Page 4 down the street. I read this short little thing here. Just a moment please. We are residents of Newsome Farms. They are not in favor of the rezoning and the property located in between these two streets. We would like to see the property developed under the current zoning regulations. I appreciate your time. I am sort of emotional at the time, and I hope you take those few words as far as changing the neighborhood. It is a neighborhood within a neighborhood with fences and what not. Thank you so much for your time. Jeff Hodgson: Can you show me with the pointer where you house is located on that map. There is a pointer right there. James Sodnlarer: They blocked it off.You can't see it. I'm right down here. Jeff Hodgson: Okay. Thank you. James Sodnlarer: I would like to say. Jeff Hodgson: Please come to the microphone. James Sodnlarer: When they put the signs up that is when I called. I think last rezoning was there B-1 right there on the corner, B-2 excuse me. I wasn't aware they could sell cars there and that was the last rezoning. It was done with a Use Permit or whatever. I'm going to be getting a lot better.There was another name and I will say. I've had developers back on my property walking my property, saying I'm coming through those woods. What it is zoned for now, I believe it ought to stay that way. They are coming on the back of my property. I'll be seeing you, I'm sure a few times. I hate to say it. I've lived here a long time. I need a little room. Encroachment on some of these neighborhoods isn't what I wanted to do. Jeff Hodgson: Thank you. James Sodnlarer: Thank you for giving me more than three minutes. Jeff Hodgson: Does anyone have any questions? James Sodnlarer: Thank you so much. Jeff Hodgson: Thank you. Jan, do we have any other speakers? Jan Rucinski: There are no other speakers. Jeff Hodgson: Mr. Nutter,would you like to rebut? R.J. Nutter: Very briefly. I'm glad to live there and the civic league showed some of their views. I will tell that we worked very closely with the civic league and the members there, and at least three meetings that I am aware of with the civic league. So, I can attest to who confident in every one, but I can tell you those civic league members who lived there at same length of time and longer,think this is a wonderful thing for their neighborhood. And, wanted to have a relationship with these builders, in this Item#D3 Titan Meyers Development, L.L.C. Page 5 case,we're not afraid of them. The saw the produce they build elsewhere and felt very comfortable. So, I think Ms.Carrington said it best. They look at this. One of the issues they talked about is at one point we looked at three-story home on this property versus a two-story home, and they asked us to eliminate that and we did. That is what took the extra month. We had to make the homes wider to make them a really nice size for livable purposes. But all that worked out and we are here today before you,so we guaranteed them these are all two-story homes. It really worked out where a wonderful combination between the city, neighborhood and the developer. Sorry that one person isn't happy but I can tell you the civic league. I don't want to speak for the Council member but she attended the meetings with us, as you know,and was very,very supportive in helping to bring this case to you as it is today. I would ask for your support and that you vote in favor of your staff recommendation, which also sights this favorably as well,for all of the reasons they indicated in your staff report. Jeff Hodgson: Thank you. Jan Rucinski: I have a question. Jeff Hodgson: Jan. Jan Rucinski: I heard Ms. Carrington mention something about that one of the members of the civic league had asked about reducing the entrances on Connie Lane from two to one. Is that an option or a possibility? R.J. Nutter: Actually what really happened is as President of the civic league she felt like those were some of the things that Mr. Sodnlarer was bringing forward to her attention. She felt like she had to share the three things that the people who did not attend the civic league meeting wanted her to say. I think that is right isn't it Karen? Karen Lasley: Yes. R.J. Nutter:So,those weren't the civic league requests. Jan Rucinski: But that was the request that somebody obviously made to her. R.J. Nutter: Right. Apparently it was at the last moment. One reason we have the two access ways there quite frankly, is to allow for maximum of fire coverage in there,so you don't have a dead end in there. Because on the other side you have someone put a cul-de-sac with a dead end on it. This way the fire department has multiple ways of entering.And this neighborhood by the way, has I believe has 5 different points of ingress/egress out to public to the main corridors. So, it is a very broad network o streets in there,which is one thing the neighborhood looked at by the way and we were talking with is how many access points they had out to the major arterials. Jan Rucinski: So,there is no access from this community to the neighborhood behind it? R.J. Nutter: Connie Lane has access to that. This runs into additional single-family lots to the. I guess that is to, I think that is the east or southeast or something, but in that direction to the right. I guess it would be the east. They run into single-family lots. Item#D3 Titan Meyers Development, L.L.C. Page 6 Jeff Hodgson: Are there any other questions for Mr. Nutter? Bob Thornton: I've got one. Is the applicant also going to do the home construction? R.J. Nutter: No. I would tell you that the construction company has come to all the meetings with the civic league. Bob Thornton: I mean, is the developer the applicant,the homebuilder? R.J. Nutter: The developer is the applicant and they brought the builder with them to all the civic league meetings. Bob Thornton: Who is the builder, if I may? R.J. Nutter: In this case,this is Ryan Homes. Bob Thornton: It's Ryan Homes. Okay. R.J. Nutter: And it was Ryan who went with us with the neighbors. They asked us a series of questions about building materials, size and so forth. Bob Thornton: Do you have any idea of the price range of these. R.J. Nutter: The homes on the street are$280.000 to around a low$300,000.00.These are nicer. We think they will be around $300,000 to$350,000. Some people want additional add-ons, but mostly to $300,000 to$325,000, more likely sir. Jeff Hodgson: Mr. Inman. Mike Inman: The property that is sort of surrounded by this property that fronts on Newtown Road, those are residences correct? R.J. Nutter:They are. Mike Inman: How is it zoned? What is the zoning? R.J. Nutter:Those are also R-7.5. Interestingly,we tried,and if my clients tried at the neighbors request to acquire these properties and these properties. Interestingly enough,the property owner who owns this lot would sell us this lot but would not sell us the other one. I don't understand the logic in that but we tried desperately on both cases to buy the parcel here,which the neighborhood really asked us to try to acquire. And,we went round and round and round with those people to try to do that but with no success. So, we would have made it nicer for us,quite frankly, if we had been able to acquire that property. We would have to live with it,as we will be ones fronting next to it, I'm afraid. Not them. But we tried desperately to try to acquire that property. Item#D3 Titan Meyers Development, L.L.C. Page 7 Mike Inman: Can you tell me how many units you could get on the property that you have acquired or maybe going to acquire or maybe not? R.J. Nutter: Yes sir. Mike Inman: How many units could you get on there with R-7.5? R.J. Nutter: I don't know the answer to that. I don't know the answer to that because of the irregular shape. It is very difficult to tell you with cutting a street in. Typically we deprived the street and so forth. I am not sure I know the answer to that. Mike Inman: Less. Less. R.J. Nutter: Less would be correct. I just don't know how much less. Mike Inman: Right. Jeff Hodgson: Ms. Rucinski. Jan Rucinski: I have another question. What have they done to, I guess,get rid of Public Works or Public Utilities concerns about the water, sewer? R.J. Nutter: As Karen pointed out to you and I am sorry Karen couldn't stay. She has been really sick. She and I have both tried for two weeks to try to set up a meeting with them, and without any success. We tried to meet with them in advance. I would tell you that we told them that we would be happy to accommodate them almost in any matter. We've offered to make the building to public standards. We offered to dedicate them to the public, and grant them an easement in the streets. We offered and if they didn't want that,we offered to have a separate maintenance agreement with them. I would tell you that in working with projects like this,and I imagine Mr. Inman has far more experience than I, he does a lot of condominium work,they have never had any problems with any of their neighborhoods in this size 30 to 35 units or smaller,with people not paying their bills, in any way jeopardizing the rest of the neighborhood for having sewer or water service. The HOA,the Condo Association pays those fees and if someone is delinquent,they go after that delinquent owner. But at no time,are the other owners, in any way, in jeopardy, is what I want to relate to you. We relayed that and I think, Planning has a similar view in that regard. This has not presented a problem. Part of the problem has been, policy is that did not want to grant,they did not want to allow public utilities in a private road served by a public easement. In other words,they didn't want us to have a private road with an easement granted to the public for the utilities. They wanted to own the street. They just didn't want to use the easement. Well,they varied from that at the Cavalier. When the Cavalier's private streets, their public utilities and thee is a public utility easement that allows the public to go in to those street, Utility department, and fix any problem that might arise. So, my clients have said we will solve this any way the department wants.We just have go the department to meet with us. And despite even Karen's efforts,quite frankly,she told you this morning. Jan Rucinski: Okay. Are you guys going try to attempt to do that before this goes to City Council? I Item#D3 Titan Meyers Development, L.L.C. Page 8 R.J. Nutter: Absolutely.We tried to do that before it came to you. So,yes ma'am. But I can guarantee you that it will be worked out in one way or the other. We have offered everything they asked us to do. We just don't know which direction they want us to go. Jan Rucinski: Okay. Jeff Hodgson: Is there anyone else? Mike Inman: I will say it is a new one on me. As I indicated earlier this morning, I haven't been doing a lot of work with Condominium Associations. I haven't heard about this issue coming up. R.J. Nutter: It is all over town. Jeff Hodgson: Does anyone one else have any more questions for R.J.Thank you sir. R.J. Nutter: Thank you very much. I appreciate your help. Jeff Hodgson: Any more speakers? Jan Rucinski: No other speakers. Jeff Hodgson: We will now close the public hearing and open it up for discussion amongst the Commission. David Weiner: I'll start. It is my area. Luckily enough, I've been involved with this a little bit. Mr. Nutter distributed some things a little history of this and how far it has gone back and what people have done, going back to townhouses to looking like condominiums to these hoses. Every time they seem to go back to the civic league,the civic leagues asks them to do something,they come back with the change that the civic league has asked more than once,twice I believe. In looking at this area, I really believe this is going to be something nice compared to what could go there for R-7.5 what they could be doing there by right without even coming in front of us. And they could,as the young lady said,they could be putting apartment complex in there if they wanted too without. I think it looks nice. I like the idea it is a Condominium Association.They are working together. I don't have any problem supporting it. Jeff Hodgson: Is there anybody else? Mr. Ripley. Ronal Ripley: My office is right down in that area. And it is right next to the first subdivision that Council has mentioned, and that really has been a nice addition to the area, in my opinion. It really has upgraded the whole road and view and everything, and the quality. I think they are doing a nice job. If this is going to be less dense, and it is a little better quality, I think it is even a better improvement. So, I think this is a really nice application. I hear what the gentleman that came in and would like to see the zoning stay where it is, but I don't think where this is, is inappropriate. I think if we were invading back into the neighborhood,way back into the neighborhood, I would agree totally. But I think this is a really good transition,quite frankly, between the road and to the larger lots in the neighborhood in the back. And I don't'think it is going to diminish their values. It is probably going to help the values, in my opinion. I favor it as well. Item#D3 Titan Meyers Development, L.L.C. Page 9 Jeff Hodgson: Is there anybody else? Does anybody care to make a motion? David Weiner: I make a motion that we approved item D3. Mike Inman: I'll second it. Jeff Hodgson: A motion made by Commissioner Weiner and seconded by Commissioner Inman. Bob Thornton: Ed, I need abstain from voting on this. I'm doing work now with Ryan and for Ryan, so I don't have anything to do with this, but I just don't'want to vote on it. Ed Weeden: Could you press the button? Jan Rucinski: Abstain. Bob Thornton: Oh,ABS. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,with one abstention,the Commission has approved the application of Titan Meyers Development, L.L.C. Jeff Hodgson: Thank you for coming down Ms.Carrington. ro �� ' s� r' �. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH- Amendments to the City Sign Regulations. Amend Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, and 2210 of the City Zoning Ordinance. Add Section 210.01 and repeal Sections 211.1, 212.1 and 212.2 of the City Zoning Ordinance. MEETING DATE: April 19, 2016 • Background: On June 18, 2015, the United States Supreme Court decided the case of Reed v. Town of Gilbert. In that case, the sign regulations of the Town of Gilbert, Arizona were declared to be unconstitutional because the regulations treated certain types of signs more strictly than other types, depending on the subject matter content of the signs. The Court held that these "content-based" sign regulations may be justified only if the government proves that they are narrowly tailored to serve a "compelling state interest." Under well-settled law, sign regulations almost uniformly fall short of meeting this standard, which is the strictest of all standards under the First Amendment, and as a result, the Court declared the town's sign ordinance to be in violation of the First Amendment. • Considerations: Like the vast majority of localities throughout the nation, Virginia Beach has sign regulations that treat signs differently depending on the subject matter of those signs. The proposed amendments are primarily intended to replace content-based sign regulations in the City Zoning Ordinance with regulations that are not based upon the subject matter of signs. The proposed ordinance is intended not only to bring the City's sign regulations into conformity with Supreme Court ruling in the Reed v. Town of Gilbert case, but to conform to a recent Attorney General's Opinion as well. The ordinance also makes stylistic improvements to the regulations. Accordingly, it is recommended for approval by the Staff. More detailed information regarding the amendments is available in the attached staff report and ordinance. Staff is not aware of opposition to the amendments. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendments to the City Council. Amendments to the City Sign Regulations Page 2 of 2 ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De, -.rt - a t/Agency: Planning Departm: City Manager. 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 2 SECTIONS 210 (PURPOSE AND INTENT; FINDINGS); 210.1 3 (SIGN PERMITS); 210.2 (DEFINITIONS); 211 (SIGNS 4 PERMITTED IN ALL DISTRICTS); 212 (PROHIBITED SIGNS); 5 213 (ILLUMINATION); 214 (SIGN HEIGHT, SETBACK AND 6 LANDSCAPING); 215 (NONCONFORMING SIGNS); 216 7 (OUTDOOR ADVERTISING STRUCTURES, BILLBOARDS, 8 SIGNBOARDS AND POSTER PANELS); 217 (ELECTRONIC 9 DISPLAYS OF MOTOR VEHICLE FUEL PRICES); 218 10 (MAJOR ENTERTAINMENT VENUE SIGNS); 234 (HOME 11. OCCUPATION SIGNS); 303 (PRESERVATION DISTRICT 12 SIGN REGULATIONS); 403 AGRICULTURAL DISTRICT SIGN 13 REGULATIONS); 501 (RESIDENTIAL DISTRICT USE 14 REGULATIONS); 504 (RESIDENTIAL DISTRICT SIGN 15 REGULATIONS); 605 (APARTMENT DISTRICT SIGN 16 REGULATIONS); 705 (HOTEL DISTRICT SIGN 17 REGULATIONS); 805 (OFFICE DISTRICT SIGN 18 REGULATIONS); 901 (BUSINESS DISTRICT USE 19 REGULATIONS); 905 (BUSINESS DISTRICT SIGN 20 REGULATIONS); 1001 (INDUSTRIAL DISTRICT USE 21 REGULATIONS); 1005 (INDUSTRIAL DISTRICT SIGN 22 REGULATIONS); 1503 (RT-1 RESORT TOURIST DISTRICT 23 SIGN REGULATIONS); 1533 (RT-4 RESORT TOURIST 24 DISTRICT SIGN REGULATIONS); 2210 (CENTRAL 25 BUSINESS CORE DISTRICT SIGN REGULATIONS); 26 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 27 SECTION 6.3 (OR OCEANFRONT RESORT DISTRICT SIGN 28 REGULATIONS); ADD SECTION 210.01 (GENERAL SIGN 29 REGULATIONS), AND REPEAL SECTIONS 211.1 (ROADSIDE 30 GUIDE SIGNS); 212.1 (REMOVAL OF PROHIBITED SIGNS IN 31 PUBLIC PLACES); 212.2 (MOTOR VEHICLE SIGNS) 32 33 34 Sections Amended: City Zoning Ordinance Sections 210, 35 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 303, 36 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 37 1533, 2210 and Oceanfront Resort District Form-Based Code 38 Section 6.3 39 40 Sections Added: City Zoning Ordinance Section 210.01 41 42 Sections Repealed: City Zoning Ordinance Section 211.1, 43 212.1, 212.2 44 i I 45 46 WHEREAS, the public necessity, convenience, general welfare and good zoning 47 practice so require; 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA 51 52 That Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 53 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, 2210 of the City 54 Zoning Ordinance and Section 6.3 of the Oceanfront Resort District Form-Based Code 55 are hereby amended, Section 210.01 of the City Zoning Ordinance is hereby added, 56 and Sections 211.1, 212.1, and 212.2 of the City Zoning Ordinance are hereby 57 repealed, to read as follows: 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 B. SIGN REGULATIONS 63 64 Sec. 210. Purpose and intent; findings. 65 _ - - - - - _ -- - - - - - - - - • • • 66 - - - - - * -•-e - e - ' - - • 67 68 - - - - - - - - - - - - - - 70 signs, only the party actually occupying the on site business may use the signs to 71 cxprc s a noncommercial me-cage. 72 - e. -- - - - - --'-'-e • - - - - - - -- - - - 73 - - - - - - - - - - - - - - - - _ - ._ . - _ - . 75 considered a single sign, provided that the faces are parallel or are not separated by an 77 (d) The surface arca of a sign shall be deemed to include the entire arca 78 within a parallelogram, triangle, circle, semicircle or other regular geometric figure, 79 including all of the elements of the matter displayed, but not including blank masking, 80 frames or structural elements outside the sign surface and bearing no advertising 2 81 matter. The surface ar a of ach face of a double faced sign shall be included in 82 determining the surface area of such sign. 83 (a) Purpose and intent. The purpose and intent of this part B of Article 2 is to 84 regulate the size, number, color, illumination, movement, materials, location, height, 85 condition and other physical characteristics, but not the content, of signs, thus 86 promoting the protection of property values, the character of the various neighborhoods 87 within the City, the creation and maintenance of a convenient, attractive and 88 harmonious community and the safety and welfare of pedestrians and wheeled traffic, in 89 a manner consistent with the constitutional guarantee of free speech. These regulations 90 attempt to achieve the proper balance among the commercial needs of businesses, the 91 needs of residents and visitors to be able to locate a business and find a desired 92 product, the rights of persons to exercise their First Amendment rights and the need to 93 create and preserve a visual environment that is conducive to the public health, safety 94 and welfare. 95 96 (b) Findings. The City Council finds that: 97 98 (1) Signs have a strong visual impact on the character and quality of a 99 community. They are an integral part of the cityscape and, as such, 100 can enhance or detract from the City's image and character. As a 101 prominent part of the cityscape, they can attract or repel the viewer, 102 affect the safety of pedestrian and vehicular traffic. Their suitability 103 or appropriateness helps to define the way in which a community is 104 perceived; 105 106 (2) The appearance of a community is an important factor in its 107 economic well-being, as aesthetic considerations influence 108 economic value. Communities in which signage is orderly :and 109 attractive and adequately serves the needs of businesses are 110 generally perceived as orderly and attractive; 111 112 (3) The primary function of a commercial sign is to provide 113 identification for a business. By helping consumers recognize that 114 they have arrived at their intended destination or by triggering an 115 impulse to make a purchase, signs help facilitate consumer 116 transactions that allow businesses to be successful. Successful 117 businesses make for vital local economies and a stable tax base; 118 and 3 119 120 (4) As the United States Supreme Court has noted, signs "take up 121 space and may obstruct views, distract motorists, displace 122 alternative uses for land, and pose other problems that legitimately 123 call for regulation." It is therefore important that the City regulate 124 signage in a manner that minimizes the adverse impacts of signage 125 while at the same time allowing signs to perform their primary 126 functions. 127 128 COMMENT 129 130 The section replaces general regulations, which have been moved to a new Section 131 210.01, with a statement of the purpose and intent of the City's sign regulations and the 132 City Council's findings regarding signage. 133 134 Sec. 210.01. General regulations. 135 136 (a) The regulations set forth in this part shall apply to signs in all zoning 137 districts, including zoning districts listed in Section 102(a)(13). 138 139 (b) Any permitted sign may display any lawful noncommercial message in lieu 140 of any other message: provided, however, that any such sign shall conform to all 141 applicable requirements pertaining to such sign, including, but not limited to, size, 142 height, duration, location, movement, materials and illumination. 143 144 (c) For purposes of determining the number of signs on a lot or zoning lot, 145 one (1) sign shall be considered to be a display or device containing elements 146 organized, related, and composed to form a single unit. Double-faced signs shall be 147 considered a single sign, provided that the faces are parallel or are not separated by an 148 angle greater than fifteen (15) degrees and are part of the same structure. 149 150 (d) The area of a sign shall be deemed to include the entire surface area 151 within a parallelogram, triangle, circle, semicircle or other regular geometric figure, 152 including all of the elements of the matter displayed, and other information, including 153 changeable copy and graphic displays, but not including blank masking, frames or 154 structural elements outside the sign surface and bearing no advertising matter or other 155 message. The area of each face of a double-faced sign shall be included in determining 156 the area of such sign. 4 157 (e) Except for marquee signs on buildings occupied by theaters, cinemas, 158 performing arts facilities or similar venues, or as may be allowed by Section 218 (major 159 entertainment venues), no sign shall consist of or contain more than two (2) faces. 160 (f) Where the regulations of a zoning district prescribe signage allowances or 161 permitted sign types within the district, such signage shall be deemed to be in addition 162 to signage allowed by the provisions of section 211 and signage allowed on public 163 property by applicable provisions of Chapter 3 or Chapter 33. 164 (g) Where an individual establishment not on a separate lot directly adjoining 165 a street is located in a shopping center within a district in which sign area allowances 166 are determined by the linear distance of street frontage or lot line adjoining a street but 167 not constituting frontage, the sign area allowances of such establishment shall be 168 calculated on the basis of its occupancy frontage, which shall be treated for such 169 purposes as if it were street frontage. 170 COMMENT 171 172 The section is derived from the former section 210,but differs as follows: 173 174 1. The section is renumbered; 175 2. The rules regarding the display on signs of noncommercial content in lieu of 176 commercial content are clarified but left intact; 177 3. Technical corrections are made; 178 4. The rules regarding the measurement of sign area are clarified 179 5. The rule that signs allowed by district regulations are in addition to signs allowed 180 under Section 211 (signs permitted in all districts) and Chapters 3 and of the City Code (signs 181 allowed on public property; encroaching signs)is expressly stated; and 182 6. The established practice of treating occupancy frontage of businesses in shopping 183 centers as street frontage is made explicit. 184 185 Sec. 210.1. Sign permits. 186 187 Except as otherwise provided, no No sign, other than a sign authorized by 188 section 211, shall be erected, constructed, replaced, repaired , repainted or otherwise 189 displayed, unless a permit authorizing the same has been issued by the zoning 190 administrator. Fees for such permits shall be as set forth in section 8-31 of the City 191 Code. Applications for sign permits shall be made to the zoning administrator, who may 192 require such plans, diagrams and other information as may be necessary to determine 193 whether a proposed sign complies with the provisions of this ordinance, the Virginia 194 Uniform Statewide Building Code and any other applicable ordinance or regulation. 5 195 196 The zoning administrator shall approve or deny an application within thirty (30) 197 days of its submittal; provided, however, that if the application or accompanying 198 information is insufficient to allow a determination of compliance, he shall notify the 199 applicant and shall, in such case, approve or deny an application within thirty (30) days 200 of the date of submittal of all required information. Any application meeting the 201 requirements of this ordinance and other applicable provisions shall be approved, and 202 any application not meeting all applicable requirements shall be denied with a statement 203 of reasons for such denial. 204 205 COMMENT 206 207 The amendments to the first paragraph of this section are technical in nature. The 208 amendments to the second paragraph expand on the requirements for processing permits by 209 explicitly requiring sign permits to be approved if they meet all requirements of the City's sign 210 regulations and all other applicable requirements (e.g., building code regulations) and if, denied, 211 that a statement of reasons for the denial be provided. 212 213 Sec. 210.2. Definitions. 214 215 The following definitions shall apply to all regulations pertaining to signs in this 216 Ordinance, including regulations governing signs in zoning districts listed in Section 217 102(a)(13): 218 219 Awning sign. A sign painted or printed on the surface of an awning or canopy. 220 For purposes of this definition, an awning is a sheet of canvas or other material 221 stretched on a frame • -- - - - , - - ' , •• - - , e - •• - - • - e affixed to and 222 projecting from a building or structure and used to keep the sun or rain off of a 223 storefront, window, doorway or deck. 224 225 Banner sign. A sign consisting of cloth displaying a message. 226 227 Billboard. A sign, including the supporting sign structure, that advertises or 228 directs the attention of the general public to an establishment, business, product or 229 service that is located on a separate site from the billboard, but not including roadside 230 guide signs, public art sponsorship suns or other signs lawfully located on public 231 property. 232 6 233 Building frontage means the exterior length of that portion of a building occupied 234 exclusively by a single establishment. 235 236 z. - • - - . . .-- - - - - •- - -• - - • - -- - - 237 -- - - -- -, - ' - - - - - - -• . • - . 238 239 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 240 material panels that may or may not be internally illuminated. The sign panels may be 241 either flat or shaped (pan face) and are attached to a metal frame (cabinet). 242 243 Canopy sign. A sign on a building canopy. For purposes of this definition, a 244 canopy is a rigid structure projecting from a building or structure and used to keep the 245 sun or rain off of a storefront window, doorway or deck. 246 247 Changeable copy sign. A sign having infefmational Informational content, such 248 as removable lettering, that can be readily changed or altered by manual means. 249 Changeable copy signs do does not include electronic displays signs. 250 251 Channel letter sign. A type of wall sign composed of letters and symbols 252 constructed and assembled as individual pieces, whether such pieces are individually 253 mounted or grouped together. 254 255 Electronic display sign. A sign containing light emitting diodes (LEDs), fiber 256 optics, light bulbs, plasma display screens or other illumination devices, or a series of 257 vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that 258 are used to change the messages, intensity of light or colors displayed by such sign. 259 The term shall not include signs on which lights or other illumination devices display 260 only the temperature or time of day in alternating cycles of not less than five (5) 261 seconds. 262 263 Freestanding sign. A sign supported by structures or supports that are 264 independent of any building or other structure. 265 266 Hanging sign. A sign that hangs from a soffit or other architectural feature of a 267 building or permanent structure or from a bracket affixed to a building wall. 268 269 Information board sign. A sign mounted within a display cabinet and displaying 270 information, such as a menu, an office or store directory or sales prices for goods, 7 271 concerning items offered for sale by an establishment located within the building located 272 in close proximity to the entrance to a building. 273 274 Major tenant. A single establishment that occupies the space in a building with a 275 building wall height of at least thirty-five (35) feet and with at least one (1) continuous 276 wall containing at least eighty (80) feet of building frontage. 277 278 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of 279 this article, a marquee is a covered structure projecting from and supported by the 280 building with independent roof and drainage provisions and which is erected over a 281 doorway or doorways. 282 283 Monument sign. A freestanding sign supported primarily by internal structural 284 framework or integrated into landscaping or other solid structural features other than 285 support poles, the base of which is at least seventy-five (75) percent of the total width of 286 the sign. Monument signs have the following additional characteristics: 287 288 (a) The width of the base does not exceed twice the height of the total sign 289 structure and does not extend more than one (1) foot beyond either outside edge of the 290 face of the sign; 291 292 (b) The height of the base is between eighteen (18) inches and four (4) feet; 293 and 294 295 (c) The maximum height of the sign, as measured from ground level, does not 296 exceed eight (8)feet. 297 298 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon., 299 other noble gases or phosphors, bent to form letters, symbols or other shapes. 300 301 Occupancy frontage. The exterior length of that portion of a building occupied by 302 a retail, office or other nonresidential use having at least one (1) exterior public 303 entrance. 304 305 Projecting sign. A sign that projects from and is supported by a wall or parapet of 306 a building with the display surface of the sign in a plane perpendicular to the wall 307 surface to which it is affixed. 308 309 Sandwich board sign. A two-sided portable sign, hinged or attached at the top of 8 310 the sign panels, designed to be set out in front of the building which the sign is located 311 or carried by a person standing between the two sign panels. 312 313 Sign. Any structure, display, device or other object or thing, visible from any 314 public street or right-of-way, any area open to use by the general public, or any 315 navigable body of water, including, but not limited to, any word, letter, series of words or 316 letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial 317 representation, which that: (i) identifies or advertises, or directs or attracts attention to, 318 any product, merchandise, service, business or establishment, (ii) or which suggests the 319 identity or nature of any business or establishment, (iii) or which invites or proposes a 320 commercial transaction, or (iv) communicates a message of a noncommercial nature. 321 The term does not include architectural elements incorporated into the style or function 322 of a building, numerals signifying a property address, dates of erection, monumental 323 citations, commemorative tablets and the like when carved into stone, concrete or 324 similar material or made of bronze, aluminum or other permanent type construction and 325 made an integral part of the structure. 326 327 Table umbrella sign. A sign that is part of the fabric of, or affixed to the pole,, of; a 328 table umbrella. 329 330 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, 331 fabric, or other lightweight material designed to be displayed and removed within a 332 limited period of time and neither permanently installed in the ground nor permanently 333 affixed to a building or structure permanently installed in the ground. 334 335 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily 336 so as to be visible to vehicles entering the premises on which such sign is located. 337 338 Wall sign. A sign attached to or painted on the wall of a building or structure in a 339 plane parallel or approximately parallel to the plane of said wall. 340 341 Window sign. A sign posted, painted, placed, or affixed in or on a window 342 exposed to public view. An interior sign that faces a window exposed to public view and 343 that is located within three (3) feet of the window shall be considered a window sign. 344 345 COMMENT 346 347 The amendments eliminate the definitions, or portions thereof, that are content-based, add 348 new definitions and refine the definition of the term "sign." 9 349 Sec. 211. Signs permitted in all districts. 350 351 The following types of signs are exempted from all of the provisions of this 352 ordinance, except for illumination, construction, and safety regulations and the following 353 standards: 354 355 • • • 356 - - - - - - -- - - - - -- - • - - - - - - - - - - - - : : • t . , -357 - - - - - - -e. . - - - . -e - - - - - 358 [RESERVED] 359 360 (b) Temporary signs. 361 362 (1) Temporary signs announcing at the site of any public, charitable, 363 educational, religious or other noncommercial event or function, 364 located entirely upon the property on which such event or function 365 is held. Such signs shall be and set back no less than seven (7) 366 feet from the property line;i and having un a maximum sign area of 367 be no greater than thirty-two (32) square feet in area:i Such signs 368 eh (iii) be allowed no more than thirty (30) days prior to the event 369 or function and (iv) must bo removed within seven (7) days after the 370 conclusion of the event or function. Such signs may be illuminated 371 in accordance with the restrictions set forth in section 213 hereof. If 372 building-mounted, such signs shall be flat wall signs and shall not 373 project above the roofline of the building to which they are affixed. 374 If freestanding, the height of any such sign shall be no more than 375 twelve (12) feet above ground level. 376 377 (2) Temporary signs of a commercial nature announcing at the site of 378 any business establishment holding a grand openings or other 379 special events or promotions, subject to the limitationstcra-to si.Jize, 380 set forth in subdivision (1) hereof. Such signs 381 shall not be displayed no more than three (3) times per year by at 382 any business Of establishment, or nor for any period in excess of 383 seven (7) days. 384 385 (3) Temporary signs displayed upon balloons, subject to the 386 requirements of subdivisions (1) and (2) hereof, provided, however, 387 that balloons displaying such signs may, if affixed to the roof of a 10 388 building or structure, project no more than thirty (30) feet above the 389 roofline or, if affixed to the ground, have a height not exceeding 390 thirty (30) feet from ground level. Such signs shall not exceed 391 seventy-five (75) square feet in surface area. 392 393 (4) Temporary signs giving notice of erected by civic leagues or 394 property owners' associations'that are holding or have scheduled a 395 meetings or events, provided that such signs shall be located on 396 property owned by the civic league or property owners' association 397 holding the meeting or event. Such signs and shall be no greater 398 than thirty-two (32) square feet in area. No more than one (1) such 399 sign shall be permitted at each entrance to the neighborhood or 400 subdivision represented by the civic league or property owners' 401 association. Such signs shall be in place for no more than fourteen 402 (14) days before the meeting or event - •- • - - -• - - • - 403 or three (3) days after the meeting or event has been held. Such 404 signs may be illuminated in accordance with the restrictions set 405 forth in section 213. 406 407 (5) Temporary signs other than those allowed by the provisions of 408 subdivisions (1) through (4), subject to the following provisions: 409 410 a. Within a Preservation, Agricultural, Residential, Apartment, 411 or Historic and Cultural District, or a noncommercial area of 412 a PD-H1 or PD-H2 Planned Development District, a total of 413 sixteen (16) square feet of temporary signage shall be 414 allowed on a lot. Within all other districts, a total of thirty-two 415 (32) square feet of temporary signage shall be allowed on a 416 lot. No such sign shall be higher than eight (8) feet above 417 grade directly below such sign. 418 419 (c) - - - _ - - - - • - - -- - - - - _ - - •420 - •- e-- -- - -- e . • - . _ - _ . - _ _ _ - _ - -- - ' - 421 similar material or made of bronze, aluminum or other permanent type construction and 422 made an integral part of the structure. [RESERVED] 423 424 (d) Private traffic direction signs - - - - - - - • - ••• •• - - - 11 426 not exceeding four (4) square feet in area. One (1) such sign shall be permitted at each 427 entrance or exit and at drive-throuqh lanes. 428 429 (e) .: . .-- - -- - - . - - - .. . - . . . - -- - e. : 430 - - 430 political office and other data pertinent thereto shall be permitted up to a total area of 432 feet in a commercial or industrial zone. Such signs shall be confined within private 433 property and shall not encroach into the visibility triangle at street intersections. 434 [RESERVED] 435 436 (f) Identification signs. Signs not exceeding one square foot in area and 437 e e - - - - - - , -- e: - - , - • - . - - - e e -.. - , • 438 : e - - - - -- •- - • • - - - - _ .. - - - -- . .. - .- - - - • 439 [RESERVED] 440 441 (g) Construction signs. One (1) sign on each roadway frontage not exceeding 442 thirty-two (32) square feet in area on each roadway frontage adjoining an active 443 construction site and b aring only the names and addresses of the project, contractors, 444 - - - , - - - , - - , - - - , - - . - - - --- - . 445 construction project and only during the time construction at such site or development 446 is actively sway under way. Such signs should shall set back no less than ten (10) 447 feet from any property line. 448 449 (h) 450 signs may be used for political campaign advertising. The political campaign 451 advertisement shall encompass the entire surface ar a upon which it is placed. The 452 advertisement shall be secured to the commercial sign in a manner acceptable to the 453 department of permits and inspections. [RESERVED] 454 455 (i) - -- - - - e - e. e ' _ . - - - • — - - . - 456 sponsors of exhibitions of public art authorized by the city council and located on public 457 e ee - • - - - - - - e • - . - e, - - - - - - - - - - -- - - • 458 - - - - - - - . . _ - . _ - - ee - e - - - - - - - • - - - - 459 the art work. [RESERVED] 460 461 (j) Signs for public schools and or private schools having curriculums similar 462 to public schools:.- The following signs shall be permitted for public schools and private 463 schools having curriculums similar to public schools with the issuance of a sign permit 464 as provided for in Section 210.1: 12 465 (1) Wall signs. Schools may have a A maximum of two (2) wall signs 466 for each building wall facing a public street, as prescribed below.-: 467 468 a. One (1) square foot of wall signage for every two (2) linear 469 feet of each building wall facing a public street. Said 470 signage shall not to exceed a maximum of one hundred 471 (100) square feet for each such wall, provided that signage 472 on any building wall located five hundred (500) feet or more 473 from a public street shall not exceed two hundred fifty (250) 474 square feet. 475 476 e. - - - - - - -- = 've hundred (500) feet or more 477 from a public street shall not exceed a maximum of two 478 - - - - - • -' - - - - -- - •- - - - - 479 walk 480 481 (2) Freestanding monument signs, as prescribed below Schools may 482 have freestanding monument signs as prescribed below.: 483 484 a. Any For schools located on a lots with an area less than 485 fifteen (15) acres in area, shall be permitted one (1) 486 freestanding monument sign with a maximum of two (2) 487 faces of forty (40) square feet per face. 488 489 b. Any For schools located on a lots with an area of fifteen (15) 490 acres or more in size area, shall be permitted a maximum of 491 one (1) freestanding monument sign no greater than forty 492 (40) feet per face in area per abutting street, located at the 493 principal vehicular entrance of from each street. In no case, 494 - - - _ _ - -- - - - - • _. 495 sign on each street. . • - - •- - - - - - - - 496 _ - . _ 49 - - - • -- e- 497 497 498 c. No freestanding monument sign shall be installed within fifty 499 (50) feet of a residential use. 500 501 (k) - - - - - - _ . ,e.: - - - - , - - _ - - •• -502 section 211.1. [RESERVED] 13 503 (I) Construction fence signs. Signs on temporary protective fencing erected 504 around a site at which demolition or construction is being carried on shall be allowed, 505 subject to the following requirements: 506 507 (1) Other than safety information required or permitted by law or 508 - - - - - - - - ' - - - - - - 509 _ - _510 - - - ', - - - - - - - - - ' - - - - •, - - ' '511 _ .. - - - - - - =, - - -• - - - - - -512 by subsection (g); 513 514 (2) (1) Signs consisting of banners, wraps or similar material shall be 515 securely affixed to the fence on which they are located, and any 516 portions of a sign that become partially detached shall be promptly 517 re-affixed to the fence; and 518 519 (3) (2) Signs and the fencing to which they are affixed shall be maintained 520 in good condition at all times and graffiti or other forms of 521 defacement shall be removed or repaired promptly. 522 523 (m) Signs for city-owned parks and recreation centers. The following signs 524 shall be permitted for city-owned parks and recreation centers: 525 526 (1) Wall Signs. City-owned parks and recreation centers may have a 527 maximum of two (2) wall signs for each building wall facing a public 528 street, as prescribed below: 529 530 a. One (1) square foot of wall signage for every two (2) linear 531 feet of each building wall facing a public street. Said signage 532 shall not exceed a maximum of one hundred (100) square 533 feet for each such wall. 534 535 b. Any building wall located five hundred (500) feet or more 536 from a public street shall not exceed a maximum of two 537 hundred and fifty (250) square feet of signage for each such 538 wall. 539 540 (2) Freestanding Signs. City-owned parks and recreation centers may 541 have freestanding monument signs as prescribed below: 14 542 a. Any city-owned park or recreation center located on a lot 543 with an area less than fifteen (15) acres shall be permitted 544 one (1) freestanding monument sign with a maximum of two 545 (2) faces of forty (40) square feet per face. 546 547 b. Any city-owned park or recreation center located on a lot 548 with an area of fifteen (15) acres or more in size shall be 549 permitted one (1) freestanding monument sign per street, 550 located at the principal vehicular entrance of each street. In 551 no case, shall there be more than one (1) freestanding 552 monument sign on each street. Each sign shall not exceed a 553 maximum of two (2) faces of forty (40) square feet per face. 554 555 c. No freestanding monument sign shall be installed within fifty 556 (50) feet of a residential use. 557 558 COMMENT 559 560 The most significant changes to this section delete references to the content of certain types 561 of signs. Such action has been made necessary by the decision of the United States Supreme Court 562 in the case of Reed v. Town of Gilbert. 563 564 - -. . . - e .. - - - . 565 566 Roadside guide signs shall be permitted, subject to the following provisions: 567 568 - - - - - - - - - - - - - - - - -- 569 - - - ' - - - -- - ' - - - - - - - - - _ - . .. _ _- _ _ - _ _ '. - - 570 cultural, literary, scientific or artistic purposes and on a not for profit basis; 571 572 (b) Applications for such signs, which shall include an application fee in the 573 - - - - - - - - e - .. _e.ee - e -- e -- - - - - - - - - 574 on forms prescribed by him; 575 576 (c) No signs shall be larger than five (5) square feet in area or higher than 577 nine and one half (91/2) feet above ground level, and all such signs shall have a -- ; 579 15 580 (d) No use or establishment shall be the subject of more than three (3) 581 --- • e.*: - - ; - - •- - , - -- -- - - - - - - - - -5 • • 82 _ . - -- _ •- • - . • - - -' - - e - - - • ' - -- - - - - c .•:- 583 to the use or establishment; 584 585 (e) Only the name of the use or establishment, a logo or other graphic symbol 586 indicating the type of use or establishment, a directional arrow and the mileage to the 587 _ - _ - - - • . .. . - - - - - • - - - -, - - • • - -•• - - 588 e. - - - - - - - - - - - - e - e - -- - •- - • 589 . - - . - - • - -- - - - - e . e .eee - . _ - -- e e- e 590 were 591 592 593 --- ' - - - - - - - - - - -- • ' - - - - - • -• - • ••• - • 595 accommodate public signage requirements; and 596 597 - - - - - - ---- - - - - - • . _ • - 598 see: - - - - - - e"- - .. - - - - - es - - - - -- • -- -- - - - - 599 weds: 600 COMMENT 601 602 The section is deleted from the City Zoning Ordinance and an ordinance adding it to Article 603 VI of Chapter 33 of the City Code, pertaining to encroachments, is to be brought forward 604 concurrently with this ordinance. 605 606 Sec. 212. Prohibited signs. 607 608 Except as otherwise provided, The the following signs shall--be are prohibited: 609 610 (a) Signs whish that imitate an official traffic sign or signal or whish contain 611 the words "stop," "go slow," "caution," "danger," "warning," or similar words of similar 612 import, except as provided in section 211(d). 613 614 (b) Signs where that, by reason of their of a size, location, movement, 615 content, coloring, or manner of illumination,. whish-may are likely to be confused with or 616 construed as a traffic-control device,. or whish that hide from view or obscure any traffic 617 or street sign or signal or which obstruct the view in any direction at a street or road 618 intersection. 16 619 (c) Signs in on any public right-of-way property in any zoning district, except 620 as otherwise expressly allowed provided in section 211(a) or section 211(k), or as 621 _ _ -_ •- _ _ . .• . . - - ! - - - . -e -- - - .. _ . 622 623 (d) Signs which advertise identifying or advertising an activity, business, 624 product, or service no longer produced or conducted on the premises upon which the 625 sign is located..-; provided, however, that Where -- - - - - - - - " - " " _ 626 seeking a new tenant, such signs may remain in place for not more than ninety (90) 627 days from the date of vacancy. 628 629 (e) Signs which that contain or consist of pennants, ribbons, streamers, 630 spinners, strings of light bulbs, or other similar moving devices. These Such devices, 631 when not part of any sign, are similarly also prohibited when intended to attract attention 632 to the establishment on which they are located. 633 634 (f) Signs which are pasted posted on or otherwise affixed attached to utility 635 poles, trees, or fences, or in an unauthorized manner to walls or other signs. 636 637 (g) Signs advertising activities which that are illegal under federal, state or city 638 laws or regulations. 639 640 (h) Reserved. 641 642 (i) All portable or nonstructural signs, except - -- - - - - - - - 643 --- - - - - - -- - e-•-- - - - - -- - - .. as 644 temporary signs as may be expressly allowed. For purposes of this ordinance, a sign 645 shall be considered as portable or nonstructural if it has no permanently mounted, self- 646 supporting structure or is not an integral part of a building to which it is accessory. 647 648 (j) 649 - e e - - - - - - - - "- - - -- - - -- - - - - - 651 ten (10) square feet. [RESERVED] 652 653 (k) Except as otherwise provided, Signs signs projecting above the roofline 654 or to a height greater that than three-fourths (3/) of the vertical distance between the 655 eaveline and ridgeline of any other type of the roof of the building or structure on which 656 they are located; provided, however, that signs mounted on parapet walls may extend to 657 a height equal to, but no greater than, the height of the parapet wall. 17 658 (I) Signs in violation of section 33 114.1 of this Code, except for signs that 659 - - - - - - - - -- - • - -- - - - - - -e - • - - - - -- - - - - - e e • • • 660 - - - - • - - --- - e - - - - - - - - - .. 661 662 (m) Electronic display signs, except as expressly allowed by the city council in 663 conjunction with major entertainment venues and or as provided in Section 217 664 (electronic displays of motor vehicle fuel prices). 665 666 (n) Any sign that emits sound, smoke, vapor, particles, or odors. 667 668 COMMENT 669 670 The substantive changes to this section delete provisions relating to prohibited signage in 671 public rights-of-way or other public property not within a zoning district. The provisions 672 governing signage in those areas are, by separate ordinances, being moved to portions of the City 673 Code other than the City Zoning Ordinance. The remaining changes to this section are generally 674 stylistic in nature. 675 676 677 678 - . . . - -- - - - - - - - - - '- - . - . [RESERVED] 679 680681 t. - - _ . .. e e . - - - - - - - - - - - -e - - - -- - - -- • 682 public property. Such authority shall be in addition to the authority conferred upon the 683 zoning administrator by section 103 of the zoning ordinance of the City of Virginia 684 Beach or by general law. 685 686 COMMENT 687 688 The section is repealed, and a similar provision is to be included in a separate ordinance 689 amending Chapter 3 (Advertising). 690 691 692 - . . . - - - - - • . [RESERVED] 693 694 (a) Signs displayed on motor vehicles operated or parked on a public street or 695 in such location as to be visible from the main traveled way of a public street shall be 696 permitted, provided the following requirements are met: 18 697 (1) The motor vehicle is not partially or totally disassembled by the 698 removal of tires and wheels, the engine or other essential parts 699 required for operation of the vehicle; or 700 701 (2) The motor vehicle displays valid license plates and a valid 702 inspection decal; 703 704 - • - • ee • • • - - - - -- -- - - _ _ . . 705 advertising; and 706 707708 two hundred fifty (250) square feet shall be simultaneously 709 -• - - e e . e e ' - - - • - e - - --- - • - .. 710 square feet in area; provided, however, that the provisions of this 711 - -- e - - - -- - - - - , e e e - - - _ _ -- _ - • 712 - - - - e e . e: - e - e - - e . - - -- - e • 713 714 the owner of the vehicle. 715 716 (b) No motor vehicle shall be driven on any street within a residential 717 - -- • e • e e. ee - - e ••: - e, - - - - - • e e e. e 718 . ee• - - - - -- - - . - . e e - _ _ 719 720 (c) The following types of signs shall be prohibited while the motor vehicle on 721 - - - - - - - ee - e e e. - e • - e . e -- e ' - - --- - - 722 _ _ _ - _ • • e e - - - -- 723 724 (1) Flashing, pulsating or blinking signs; 725 726 727 than once every four (4) seconds; 728 729 (3) Electronic changeable copy signs, including signs containing light 730 emitting diodes (LEDs), fiber optics, light bulbs or other illumination 731 devices used to change the advertising displayed by such signs; 732 and 733 19 734 (il) Signs that project more than one (1) foot above the portion of the 735 - - - - - _ - - - - - - - -736 the driver of the motor vehicle or of other motorists. 737 738 (d) Any sign greater than fifteen (15) square feet in area that is displayed on a 739 - - -- - - - -- -- - - -- • - - -- - - - - - - . - _ - - 740 vehicle shall require an annual permit issued pursuant to the provisions of section 741 . . -- - - -• - •'• • - - - ---- -- - - . - - - • •- - - - = 742 31(c)(13) of the City Code. 743 744 (e) Violations of any of the provisions of this section shall be punishable in 745 accordance with section 104. 746 747 (f) For purposes of this section: 748 749 e. - - - - •. - - - . _ ' - -- •: - . 750 100 of the Code of Virginia or any successor statute, and shall also 751752 vehicle; 753 754 "e . _ „ - - - • - - - _ _ . . Ie _ - - 755 Code of Virginia or any successor statute, and shall also include a 756 757 758 COMMENT 759 760 The section is repealed, and is to be included, essentially unchanged,in a separate ordinance 761 amending Chapter 3 (Advertising). 762 763 . . . . 764 765 Sec. 213. Illumination. 766 767 (a) The light from any illuminated sign shall be so shaded, shielded or 768 directed that the light intensity or brightness shall not adversely affect surrounding or 769 facing premises nor adversely affect safe vision of operators of vehicles moving on 770 public or private roads, highways, or parking areas. Light shall not shine or reflect in an 771 offensive manner on or into residential structures, including motels. 772 20 773 (b) No exposed reflective type bulbs or incandescent lamps shall be used on 774 the exterior surface of any sign in such a manner that will cause offensive glare on 775 adjacent property or create a traffic hazard. 776 777 (c) No sign shall have contain or consist of blinking, flashing or fluttering 778 intermittent lights or other similar illuminating devices, which are so whether or not such 779 devices constructed and operated as to constitute a public safety or traffic hazard. 780 781 COMMENT 782 783 The changes to this section are primarily stylistic in nature; the changes to subsection (c), 784 however,strengthen the restrictions upon blinking,flashing or similar illuminating devices. 785 786 787 Sec. 214. Sign height, setback and landscaping. 788 789 (a) No freestanding sign shall exceed twelve (12) feet in height from ground 790 level at the base of such sign. 791 792 (b) No freestanding sign shall be set back less than seven (7) feet from any 793 existing public right-of-way; provided, however, that a freestanding sign having a height 794 of eight (8) feet or less may be set back five (5) feet from any such right-of-way. The 795 minimum sign setback from interstate roadways and expressways designated by the 796 city council shall be one hundred (100) feet. 797 798 (c) • - - _ _ •- - • _ - - - - - - - - -- - - - - -799 or a around any freestanding sign, which area may include landscaping required by 800 site plan ordinance. All s _ _ _ _- - - - - _ - - • - • --e e 801 condition at all times by the owner, lessee or occupant of the premises upon which such 802 sign is located. 803 804 A minimum of seventy-five (75) square feet of planted area shall be provided 805 around any freestanding sign, in accordance with the following requirements: 806 807 (1) Planting materials shall include a combination of grass, ground 808 cover and low shrubs not exceeding a height of three (3) feet at 809 maturity or design elements used in conjunction with the sign, not 810 exceeding the three (3) foot height limit; 811 21 812 (2) All plant materials shall be placed in a defined planting area, which 813 shall be a minimum of six (6) feet in width and shall be maintained 814 so as not to obstruct the view of the sign face on either side; 815 816 (3) All plant materials shall be subject to the approval of the planning 817 director or his designee in accordance with established industry 818 standards; 819 820 (4) Landscaping shall be compatible with parking lot plantings in order 821 to help achieve the goal of a unified project design; and 822 823 (5) Landscaping shall be included as a credit in the calculation of any 824 required parking lot landscaping as specified in Section 5A of the 825 Site Plan Ordinance (Parking Lot and Foundation Landscaping). 826 827 (d) Freestanding signs, including replacements of sign faces, shall display the 828 street number of the property upon which the sign is located. Such display shall consist 829 of numerals no larger than twelve (12) inches and no less than six (6) inches in height 830 and shall be located within, but not extended above, the top portion of the face of the 831 sign, unless impractical. The portion of the sign displaying the street number shall not 832 be deemed a part of the sign for purposes of measuring the surface area of such 833 834 COMMENT 835 836 The amendments incorporate the City's landscaping standards pertaining to freestanding 837 signs. 838 839 840 Sec. 215. Nonconforming signs. 841 842 (a) Notwithstanding the provisions of section 105(f) of this ordinance, no 843 nonconforming sign shall be structurally altered, enlarged, moved or replaced, whether 844 voluntarily or by reason of involuntary damage to or destruction of such sign, unless 845 such sign is brought into compliance with the provisions of this ordinance. Except as 846 provided in section 216, no nonconforming sign shall be repaired at a cost in excess of 847 fifty (50) percent of its original cost unless such sign is caused to comply with the 848 provisions of this ordinance. Any nonconforming sign which is not maintained 22 849 _ _ _ _ - see: _ in an unsafe condition, . - _ - - • - ".' e - 850 abandoned shall be removed. 851 852 (b) - - - -- - - - - - - - - - - - -- -- - 853 - - __ - _ _ - - - - - - -- - - - - - -- - 854 least two (2) y aro. Following the expiration of at least two (2) years, any Any 855 abandoned nonconforming sign that has been abandoned for a period of two years or 856 longer shall be removed by the owner of the property on which the sign is located, after 857 notification by the zoning administrator. If, following such two-year period, the zoning 858 administrator has made a reasonable attempt to notify the property owner, the city 859 through its own agents or employees may enter the property upon which the sign is 860 located and removed any such sign wherever the owner has refused to do so. The cost 861 of such removal shall be chargeable to the owner of the property. Nothing herein shall 862 prevent the city from applying to a court of competent jurisdiction for an order requiring 863 the removal of such abandoned nonconforming sign by the owner by means of 864 injunction or other appropriated remedy. For purposes of this section, a sign shall be 865 deemed to be abandoned if the business for which the sign was erected has not been in 866 operation for a period of at least two (2) years. 867 868 (b) (c) Notwithstanding the provisions of subsection (a) hereof, the zoning 869 administrator may, at his discretion and with the concurrence of the director of planning, 870 vary the requirements of this ordinance pertaining to the allowed number of signs, total 871 sign area, individual sign area, number of freestanding signs and height of freestanding 872 signs in cases in which the owner of a sign or other proper party desires to repair, 873 replace, relocate or structurally alter an existing nonconforming sign or combination of 874 signs and such repair, replacement, relocation or structural alteration is not required, or 875 has not been made necessary, by reason of damage, destruction, deterioration, 876 disrepair or noncompliance with applicable building code standards or any of the 877 provisions of this ordinance; provided, however, that the regulations set forth in 878 subsections (c) and (d) of section 944.1 of this ordinance shall not be so varied. 879 (c) (d) Nothing in this section shall be construed to limit or otherwise impair the 880 right of any proper party to apply to the board of zoning appeals for a variance from any 881 of the sign regulations set forth in this ordinance. 882 883 COMMENT 884 885 The amendments conform the section to state law provisions regarding the maintenance 886 and abandonment of nonconforming signs. 23 I i 887 888 889 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 890 panels. 891 892 (a) No new billboards shall be erected within the city limits, effective 893 immediately. All existing billboards shall be governed by the provisions of section 215 of 894 this ordinance. No billboard heretofore erected shall be located, in whole or in part, 895 upon improved property. 896 897 (b) No billboard shall be located within five hundred (500) feet of an 898 interchange, or intersection at grade, on any highway, interstate or city council 899 designated expressway (measured along the highway, interstate or expressway to the 900 nearest point of the beginning or ending of pavement widening at the exit from or 901 entrance to the main traveled way). On all other streets, no billboard shall be located 902 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or 903 tunnel or a plaza serving such facility. 904 905 (c) No billboard shall be located closer than within: (i) fifty (50) feet to of any 906 property linei nor located closer than (ii) six hundred sixty (660) feet to of the right-of- 907 way line of any interstate or expressway designated by city councili, nor closer than (iii) 908 twenty-five (25) feet to of the right-of-way of any other street; or . However, no billboard 909 shall be located within (iv) two hundred (200) feet of any established residential or 910 apartment zoning district. No billboard shall be located upon any lot having a street 911 frontage of less than two hundred (200) feet and an area of less than ten thousand 912 (10,000) square feet. 913 914 (d) The repair of lawfully nonconforming billboards visible from the main 915 traveled way of any interstate highway, federal-aid primary highway,. as that system 916 existed on June 1, 1991, or national highway system highway shall be governed by the 917 provisions of Virginia Code section 33.2-1219, the regulations promulgated thereunder 918 or any successor statute or regulation. No building permit authorizing the repair of any 919 such billboard shall be issued unless the owner of the billboard provides to the building 920 codes administrator a letter from the commonwealth transportation commissioner 921 approving the proposed repairs. In the event the building codes administrator 922 determines that the cost of the proposed repairs exceeds fifty (50) percent of the 923 replacement cost of the billboard, he shall, within thirty (30) days of the filing of the 924 building permit application, submit an objection to the determination of the 925 commissioner, together with documentation supporting such objection. A copy of such 24 926 objection and documentation shall be provided to the billboard owner. The 927 determination of the commissioner upon reconsideration shall be binding. 928 929 - ` _ - _ - - - - -- - - - - - - - e - 930 allowed pursuant to subsections (i) and (k) of section. 931 932 COMMENT 933 934 The amendments to this section delete references to certain sections that are repealed by 935 this ordinance. Because the definition of"billboard" has been amended to exclude off-site signage, 936 such as roadside guide signs, that is expressly allowed, subsection (e) is deleted, as the new 937 definition renders that subsection superfluous. 938 939 Sec. 217. - Electronic displays of motor vehicle fuel prices. 940 941 Motor vehicle fuel prices may be displayed on an electronic display sign, subject to 942 the following requirements: 943 (a) The electronic display portion of any such sign shall be limited to showing the 944945946 permitted by this subsection. 947 (ba)Such signs shall be allowed only pursuant to a conditional use permit 948 authorizing an automobile service station at which motor vehicle fuels are 949 offered for sale or at establishments for which a conditional use permit allowing 950 such fuel sales has previously been granted and remains in effect. 951 (eb)Such signs shall conform to the following requirements: 952 (1) No more than one such sign shall be permitted on any zoning lot; 953 (2) Such signs shall be monument-style, as defined in section 210.2, and no 954 such sign, including the base, shall exceed a height of eight (8) feet; 955 (3) No such sign shall have more than three separate panels capable of 956 displaying information electronically, and each such panel shall be limited to 957 the display of a single grade of fuel. The total area of the portion of that sign 958 that is capable of electronic displays shall not exceed twelve (12) square 959 feet in area; 960 (4) The pixel pitch of the electronic display portion of such signs shall be 961 nineteen (19) millimeters or smaller; 962 (5) Fuel prices shall not be changed more often than two (2) times in any 963 twenty-four (24) hour period, and scrolling, flashing, blinking or any other 964 type of intermittent movement or illumination of elements of the electronic 25 965 display shall be prohibited. Change sequences shall be accomplished by 966 means of instantaneous re-pixelization; 967 (6) Electronic displays shall consist of no more than two (2) colors; 968 (7) Audio speakers on, or electronically connected to, such signs shall not be 969 permitted; 970 (8) Such signs shall not exceed a maximum illumination of five thousand 971 (5,000) candelas per square meter from sunrise to sunset or five hundred 972 (500) candelas per square meter between sunset and sunrise, as measured 973 from the sign face at maximum brightness, and shall be equipped with a 974 working dimmer control device capable of automatically reducing the 975 illumination to the required sunset-to-sunrise level. Prior to the issuance of 976 a sign permit, the applicant shall provide written certification from the sign 977 manufacturer that the light intensity has been factory pre-set not to exceed 978 the maximum intensity level; and 979 (9) The electrical service lines providing power to such signs shall be 980 underground. 981 982 COMMENT 983 984 The amendment to this section deletes the content based reference in subsection(a) and re- 985 letters the subsections. 986 987 Sec. 218. Major entertainment venue signs. 988 989 Signage for major entertainment venues, other than signage otherwise allowed, 990 shall be allowed only with the approval of the City Council and shall be subject to the 991 following requirements: 992 . 993 994 (d) The City Council shall consider the following criteria in acting upon an 995 application: 996 997 (1) The extent to which the proposed signage is consistent with 998 applicable sign regulations and Sign Design Guidelines, if any of 999 the district; 1000 1001 (2) The extent to which the proposed signage is consistent with the 1002 recommendations of the Comprehensive Plan; 1003 26 1004 (3) The extent to which the scale, color, materials, shape, illumination 1005 and landscaping of the proposed signage, considered as a whole, 1006 is compatible with surrounding properties; 1007 1008 (4) The impact of the proposed signage on traffic safety, taking into 1009 consideration the degree to which view obstructions are created or 1010 improved, avoidance of confusion with or obstruction of traffic 1011 control signs and devices, and other safety-related factors; and 1012 1013 (5) The degree to which the proposed signage is integrated into a 1014 unified development concept, considering the building design, other 1015 signs, landscaping, traffic circulation, and other development 1016 features of the property. 1017 1018 COMMENT 1019 1020 The amendments clarify that major entertainment venue signs must conform to the 1021 applicable sign regulations and design guidelines of the district in which they are located. 1022 1023 1024 1025 C. CONDITIONAL USES AND STRUCTURES. 1026 . . . . 1027 1028 Sec. 225.1. Bed and breakfast inns. 1029 1030 In addition to general requirements, bed and breakfast inns shall be subject to 1031 the following requirements, which shall be deemed to be conditions of the conditional 1032 use permit: 1033 1034 . . . . 1035 (4) Notwithstanding any contrary provision of this ordinance, signage shall be 1036 limited to one (1) jelentifiGatien sign not exceeding nine (9) square feet per 1037 face. 1038 1039 COMMENT: 1040 1041 The amendment deletes the requirement that any sign allowed at a bed and breakfast inn be 1042 an "identification"sign,that type of regulation is content-based. 27 1043 1044 1045 1046 Sec. 234. Home occupations. 1047 1048 In districts where they are generally permitted, an occupation may be conducted 1049 in a dwelling unit, provided that: 1050 1051 (c) No identifiGatien sign shall be permitted. However, as an exception, the 1052 city council, upon a finding that a sign would not be detrimental to the surrounding 1053 neighborhood, may as a condition of the use permit allow up to one (1) sign, 1054 , not to be illuminated or to exceed one (1) square foot in area, mounted 1055 flat against the wall of the residence. 1056 1057 COMMENT 1058 1059 The amendment removes the descriptor "identification" as it relates to signs for home 1060 occupation uses,as it describes a type of sign on the basis of its content. 1061 1062 1063 1064 ARTICLE 3. PRESERVATION DISTRICT 1065 1066 . . . . 1067 1068 Sec. 303. Sign regulations. 1069 1070 Within the P-1 Preservation District, except as may be permitted by the 1071 conditional use permit authorizing a specific use, only one (1) sign, not exceeding 1072 twelve (12) square feet in area, shall be permitted on any zoning lot in connection with 1073 any use. No sign shall be directly illuminated or mounted located closer than ten (10) 1074 feet to the property line fronting the street or be higher than eight (8) feet above the 1075 ground elevation. 1076 1077 COMMENT 1078 1079 The amendment substitutes the term "located" for"mounted" in prescribing where signs in 1080 the P-1 Preservation District may be placed. In addition, a provision allowing signage to be 1081 determined by conditional use permit has been added. 1082 . . . . 28 1083 1084 ARTICLE 4. AGRICULTURAL DISTRICTS. 1085 . . . . 1086 1087 Sec. 401. Use regulations. 1088 1089 . . . . 1090 1091 (b) Accessory uses and structures. Uses and structures which are customarily 1092 accessory and clearly incidental and subordinate to principal uses and structures, 1093 including but not limited to, an accessory activity operated for profit in a residential 1094 dwelling unit where (i) there is no change in the outside appearance of the building or 1095 premises or any visible or audible evidence detectable from outside the building lot, 1096 either permanently or intermittently, of the conduct of such business except for one (1) 1097 nonilluminated identification sign not more than one (1) square foot in area mounted flat 1098 against the residence; (ii) no traffic is generated, including traffic by commercial delivery 1099 vehicles, by such activity in greater volumes than would normally be expected in the 1100 neighborhood, and any need for parking generated by the conduct of such activity is 1101 met off the street and other than in a required front yard; (iii) the activity is conducted on 1102 the premises which is the bona fide residence of the principal practitioner, and no 1103 person other than members of the immediate family occupying such dwelling units is 1104 employed in the activity; (iv) such activity is conducted only in the principal structure on 1105 the lot; (v) there are no sales to the general public of products or merchandise from the 1106 home, except for agricultural products, or agricultural-related products, incidental to an 1107 agricultural operation on which the dwelling unit is located; and (vi) the activity is 1108 specifically designed or conducted to permit no more than one (1) patron, customer, or 1109 pupil to be present on the premises at any one time. Notwithstanding the provisions of 1110 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 1111 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 1112 persons on the premises at any one time in connection with the performance of such 1113 rites, provided that all other requirements of subdivision (b)(2) are met. The following 1114 are specifically prohibited as accessory activities: Convalescent or nursing homes, 1115 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 1116 television repair shops, auto repair shops, or similar establishments. 1117 1118 COMMENT 1119 1120 The amendment removes the descriptor "identification" as it relates to signs for home 1121 occupation uses,as it describes a type of sign on the basis of its content. 29 1122 1123 1124 1125 Sec. 403. Sign regulations. 1126 1127 Signs within the AG-1 and AG-2 Agricultural Districts shall be permitted as 1128 follows: 1129 1130 (a) Not to exceed one identification Except as may be permitted by the 1131 conditional use permit authorizing a specific use, one sign not more greater than sixteen 1132 (16) square feet in area fer at each principal entrance or frontage of any use shall be 1133 permitted, except for religious uses and educational institutions, for which the maximum 1134 area per sign shall not exceed be thirty-two (32) square feet. 1135 1136 (b) A maximum of four (4) Signs advertising signs located on property for 1137 sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in 1138 area, and that not more than one such sign shall be erected for each one hundred (100) 1139 feet of lot line at the adjoining a public street. fight-Of-way, and that not more than four 1140 - - - - - - - - e - - - . Any property having less frontage or lot 1141 line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of 1142 surface area. 1143 1144 (c) Agricultural products signs Signs displayed on any farm or ranch by the 1145 - - - -• - - - - - e- -- - - - • - - .. - -e - - •• • - engaged in 1146 the products or crops thereof production, cultivation, growing, harvesting or processing 1147 of agricultural products, or the raising or keeping of livestock; provided that no such sign 1148 shall exceed thirty-two (32) square feet in area, that not more than one (1) such sign 1149 shall be erected for each five hundred (500) feet of lot line at the adjoining a public 1150 street , and that such signs - - -- e - - e •- : e e • - • - - 1151 season. In no event shall such signs not be displayed for over more than six (6) months 1152 in any calendar year. 1153 1154 COMMENT 1155 1156 The amendments delete all references to the content of allowed signage in Agricultural 1157 Districts. In addition, a provision allowing signage to be determined by conditional use permit has 1158 been added. 1159 1160 30 1161 ARTICLE 5. RESIDENTIAL DISTRICTS. 1162 1163 . . . . 1164 1165 Sec. 501. Use regulations 1166 . . . . 1167 1168 (b) Accessory uses and structures. Uses and structures which are 1169 customarily accessory and clearly incidental and subordinate to principal uses and 1170 structures and where such accessory structures do not exceed the height of the 1171 principal structure and, in all residential zoning districts, except for R-30 and R-40, do 1172 not exceed five hundred (500) square feet of floor area or twenty (20) percent of the 1173 floor area of the principal structure, whichever is greater. In the R-30 and R-40 1174 residential zoning districts, accessory uses and structures shall not exceed thirty (30) 1175 percent of the floor area of the principal structure. Such accessory uses and structures 1176 include but are not limited to: 1177 . . . . 1178 1179 (5) An accessory activity operated for profit in a residential dwelling 1180 unit where (i) there is no change in the outside appearance of the 1181 building or premises or any visible or audible evidence detectable 1182 from outside the building lot, either permanently or intermittently, of 1183 the conduct of such business except for one (1) nonilluminated 1184 identification sign not more than one (1) square foot in area 1185 mounted flat against the residence; (ii) no traffic is generated, 1186 including traffic by commercial delivery vehicles, by such activity in 1187 greater volumes than would normally be expected in the 1188 neighborhood, and any need for parking generated by the conduct 1189 of such activity is met off the street and other than in a required 1190 front yard; (iii) the activity is conducted on the premises which is the 1191 bona fide residence of the principal practitioner, and no person 1192 other than members of the immediate family occupying such 1193 dwelling units is employed in the activity; (iv) such activity is 1194 conducted only in the principal structure on the lot; (v) there are no 1195 sales to the general public of products or merchandise from the 1196 home; and (vi) the activity is specifically designed or conducted to 1197 permit no more than one (1) patron, customer, or pupil to be 1198 present on the premises at any one time. Notwithstanding the 1199 provisions of clauses (ii) and (vi) hereof, ministers, marriage 31 1200 commissioners and other persons authorized by law to perform the 1201 rites of marriage may permit a maximum of eight (8) persons on the 1202 premises at any one time in connection with the performance of 1203 such rites, provided that all other requirements of subdivision (b)(5) 1204 are met. The following are specifically prohibited as accessory 1205 activities: Convalescent or nursing homes, tourist homes, massage 1206 or tattoo parlors, body piercing establishments, radio or television 1207 repair shops, auto repair shops, or similar establishments. 1208 1209 COMMENT 1210 1211 The descriptor "identification" sign is deleted is subsection (b)(5), as it describes a content- 1212 based type of sign for accessory home occupations. 1213 . . . . 1214 1215 Sec. 504. Sign regulations. 1216 1217 In all Residential Districts, signs shall be permitted as follows: 1218 1219 (a) For residential subdivisions, there shall be permitted one (1) icientifisation 1220 sign not morc greater than thirty-two (32) square feet in area for at each principal 1221 entrance or frontage of any use. 1222 1223 (b) A maximum of two (2) Signs advcrtising signs located on property for sale, 1224 lease or rent shall be permitted, provided that no such sign shall exceed eight (8) 1225 square feet in area - e - e - - - - - - - - - - - -1226 let. 1227 1228 (c) In the case of subdivisions under construction or development, one (1) 1229 sign not exceeding one hundred (100) square feet in surface area shall be permitted at 1230 each principal entrance or frontage for a period of two (2) years following the initiation of 1231 construction or development. Upon the expiration of such period, there shall be 1232 permitted one (1) sign not exceeding sixty-four (64) square feet in surface area for an 1233 additional period of three (3) years; provided, however, that any such sign shall be 1234 removed when ninety (90) percent of the property has been sold or leased, or upon the 1235 expiration of five (5) years following the initiation of construction or development, 1236 whichever first occurs. 1237 1238 COMMENT 32 1239 1240 The amendments delete all references to the content of allowed signage in Residential 1241 Districts. In addition, the measure of the length of time certain signs may be displayed has been 1242 clarified. 1243 1244 1245 ARTICLE 6. APARTMENT DISTRICTS. 1246 . . . . 1247 1248 Sec. 605. Sign regulations. 1249 1250 Within all Apartment Districts, signs shall be permitted as follows: 1251 1252 (a) For subdivisions there shall be permitted one (1) mon sign not 1253 more greater than thirty-two (32) square feet in area for at each principal entrance or 1254 frontage of any use. 1255 1256 (b) Signs advertising A maximum of two (2) signs located on property for sale, 1257 lease or rent shall be permitted, provided that no such sign shall exceed eight (8) 1258 square feet in area _ e _ -e _ - • _ - - - - - - - - - 1259 lot. - - - - • - - - - - - - - - .e•_•• _ . -- _ . e - - 1260 e - - - - - - -- - - -- - - -- - 1261 1262 (c) In the case of new multiple-family dwellings,. one (1) sign not exceeding 1263 one hundred fifty (150) square feet in area may be erected at each principal entrance or 1264 frontage to facilitate occupancy. Any such sign must shall be removed when seventy 1265 (70) percent of the property is occupied; or leased, or after a period of twenty-four (24) 1266 months from the date on which a certificate of occupancy is first issued, whichever 1267 comes first. All other uses shall have the same sign allotment as the district where the 1268 use is first permitted as a principal use. 1269 1270 (d) Signage allowances for uses other than multiple-family dwellings shall be. 1271 the same as in the most restrictive district in which the use is permitted as a principal 1272 use. 1273 1274 COMMENT 1275 1276 The amendments delete all references to the content of allowed signage in Apartment 1277 Districts and clarifies the measure of the length of time certain signs may be displayed The 33 1278 addition of subsection (d) replaces and clarifies the stricken language in subsection (c) regarding 1279 sign allowances for uses other than multiple-family dwellings. 1280 1281 1282 1283 ARTICLE 7. HOTEL DISTRICTS. 1284 . . . . 1285 1286 Sec. 705. Sign regulations. 1287 1288 (a) Within the H-1 Hotel District, the same regulations as that apply in the 1289 Residential Districts and the Apartment Districts shall apply, and in addition except as 1290 follows: 1291 (1) For each twenty (20) feet of frontage and for each forty (40) feet of 1292 lot line adjoining a street, but not constituting frontage, not more 1293 than one (1) sign and not more than forty (40) square feet of 1294 surface area of signage shall be permitted; provided, however, that 1295 no establishment shall have mart more than four (4) signs,. of which 1296 one (1) may be a freestanding sign; and provided further, that no 1297 establishment having a frontage of less than one hundred (100) 1298 feet shall have a freestanding sign. No establishment having a 1299 frontage of at least one hundred (100) feet but less than or equal to 1300 two hundred (200) feet shall have a freestanding sign exceeding 1301 thirty-two (32) square feet of surface in area per face, and no 1302 establishment having a frontage of more than two hundred (200) 1303 feet shall have a freestanding sign exceeding seventy-five (75) 1304 square feet of surface in area per face. No freestanding sign shall 1305 exceed two (2) faces, and no sign of any other type shall exceed 1306 one hundred fifty (150) square feet of surface in area. Any 1307 establishment or property having less frontage or lot line adjoining a 1308 street than required above may have one (1) sign not exceeding 1309 thirty (30) square feet of surface in area. 1310 1311 (2) Signs advertising located on property for sale, lease or rent shall be 1312 permitted, provided that no such sign shall exceed thirty-two (32) 1313 square feet in area, that not more than two (2) such signs shall be 1314 erected for each one hundred (100) feet of lot line at adjoining the 1315 street , and that not more than four (4) such signs shall 1316 be erected on any property. Any property having less frontage or lot 34 1317 line adjoining a street may have one (1) sign not exceeding thirty- 1318 two (32) square feet of surface area. 1319 1320 (b) All other uses shall have sign regulations as specified in the district where 1321 - - - - ' - ••• - - - - • -- - -. Signage allowances for uses other than 1322 hotels and motels shall be the same as in the most restrictive district in which the use is 1323 permitted as a principal use. 1324 1325 COMMENT 1326 1327 The amendments include certain stylistic changes, a deletion of the content-based 1328 descriptors regarding identification signs and for sale or rent signs, and clarification of the stricken 1329 language regarding sign allowances for uses other than hotels and motels in subsection(b). 1330 1331 1332 1333 ARTICLE 8. OFFICE DISTRICTS. 1334 . . . . 1335 1336 Sec. 805. Sign regulations. 1337 1338 Within the 0-1 and 0-2 Office Districts, the following sign regulations shall apply: 1339 1340 (a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line 1341 adjoining a street, but not constituting frontage, not more than one (1) sign and not more 1342 than thirty-two (32) square feet of surface area of signage shall be permitted; provided, 1343 however, that no establishment shall have more than two (2) signs, of which one (1) 1344 may be a freestanding sign; and provided further, that no establishment having a 1345 frontage of less than one hundred (100) feet or less shall have a freestanding sign. No 1346 establishment having a frontage of at least one hundred (100) feet but less than or 1347 equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) 1348 square feet of-surface in area per face, and no establishment having a frontage of more 1349 than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) 1350 square feet of surface in area per face. No -- - e e - - - - - - - -- 1351 and no sign of—ally—other—type shall exceed one hundred fifty (150) square feet of 1352 surface in area. Any establishment or property having less frontage or lot line adjoining 1353 a street than required above may have one (1) sign not exceeding thirty-two (32) square 1354 feet in area. 1355 35 1356 (b) Where there is an established office or institutional park containing at least 1357 five (5)or more establishments and a minimum of forty thousand (40,000) square feet of 1358 land area, there shall be permitted at each principal entrance one (1) additional center 1359 identification sign for ach principal entrance • e - - - e • e - -- , neither of 1360 which shall exceed no greater in area than one hundred (100) square feet of surface 1361 area per face. Where there is an established office or institutional park containing at 1362 least ten (10) establishments and a minimum of fifteen (15) acres of land, there shall be 1363 permitted at each principal entrance one (1) center identification additional sign for each 1364 principal entrance e - - - - - - - , • - • - - • - - - ---e no greater 1365 in area than one hundred fifty (150) square feet of surface area per face. 1366 1367 (c) Signs advertising located on property for sale, lease or rent shall be 1368 permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, 1369 that not more than two (2) such signs shall be erected for each one hundred (100) feet 1370 of lot line the street , and that not more than four (4) such signs 1371 shall be erected on any property. Any property having less frontage or lot line adjoining 1372 a street may have one (1) sign not exceeding thirty-two (32) square feet of surface in 1373 area. 1374 1375 COMMENT 1376 1377 The substantive amendments delete the content-based descriptors regarding "center 1378 identification" signs in subsection (b) and signs "advertising property of sale, lease or rent." The 1379 result is that the office or institutional parks signs referred to in subsection (b) need not be limited 1380 to identifying the park, and the for sale or lease signs referred to in subsection (c) need not be 1381 limited to actually advertising the availability of the property, so long as they are located on 1382 property that is for sale or lease. 1383 1384 Certain other changes to the section are stylistic in nature. 1385 1386 1387 ARTICLE 9. BUSINESS DISTRICTS. 1388 . . . . 1389 1390 Sec. 901. Use regulations. 1391 . . . . 1392 1393 (b) Accessory uses and structures. Uses and structures which are customarily 1394 accessory and clearly incidental and subordinate to the principal uses and structures, 1395 including, but not limited to: 36 1396 1397 (1) An accessory activity operated for profit in a residential dwelling 1398 unit where there is no change in the outside appearance of the 1399 building or premises or any visible or audible evidence detectable 1400 from outside the building lot, either permanently or intermittently, of 1401 the conduct of such business except for one non-illuminated 1402 identification sign not more than one square foot in area mounted 1403 flat against the residence; where no traffic is generated, including 1404 traffic by commercial delivery vehicles, by such activity in greater 1405 volumes than would normally be expected in the neighborhood, and 1406 any need for parking generated by the conduct of such activity is 1407 met off the street and other than in a required front yard; where the 1408 activity is conducted on the premises which is the bona fide 1409 residence of the principal practitioner, and no person other than 1410 members of the immediate family occupying such dwelling unit is 1411 employed in the activity; where such activity is conducted only in 1412 the principal structure on the lot; where there are no sales to the 1413 general public of products or merchandise from the home; and 1414 where the activity is specifically designed or conducted to permit no 1415 more than one patron, customer, or pupil to be present on the 1416 premises at any one time. The following are specifically prohibited 1417 as accessory activities: Convalescent or nursing homes, bars or 1418 nightclubs, tourist homes, massage or tattoo parlors, radio or 1419 television repair shops, auto repair shops, or similar 1420 establishments. 1421 1422 The descriptor "identification" sign is deleted is subsection (b)(1), as it describes a content- 1423 based type of sign for accessory home occupations. 1424 1425 . . . . 1426 1427 Sec. 905. Sign regulations. 1428 1429 (a) In the B-1 Neighborhood Business District, signs shall be permitted as 1430 follows: 1431 1432 (1) For each forty (40) feet of frontage and for each eighty (80) feet of 1433 lot line adjoining a street, but not constituting frontage, not more 1434 than one sign and not more than thirty-two (32) square feet of 1435 surface area of signage shall be permitted; provided, however, that 1436 no establishment shall have more than three (3) signs, of which one 1437 may be a freestanding sign; and provided further that no 1438 establishment having a frontage of less than one hundred (100) 37 1439 feet shall have a freestanding sign. No establishment having a 1440 frontage of at least one hundred (100) feet but less than or equal to 1441 two hundred (200) feet shall have a freestanding sign exceeding 1442 thirty-two (32) square feet of surface in area per face, and no 1443 establishment having a frontage of more than two hundred (200) 1444 feet shall have a freestanding sign exceeding seventy-five (75) 1445 square feet of surface in area per face. No -- - -•-e e - 1446 exceed two (2) faces, and no sign of any othcr typo shall exceed 1447 one hundred fifty (150) square feet of surface area. Any 1448 establishment or property having less frontage or lot line adjoining a 1449 street than required above may have one sign not exceeding thirty- 1450 two (32) square feet in area. 1451 1452 (2) Where there is an established neighborhood commercial center 1453 containing five (5) or more establishments and a minimum of forty 1454 thousand (40,000) square feet of land area, one center 1455 idontificatan additional sign no greater in area than one hundred 1456 (100) square feet per face may be erected far at each principal 1457 entrance e - - - - -1458 one hundred (100) square feet of surface area. Such identification 1459 1460 1461 _, _ -- - - - - - - _ • - _ - 1462 displayed does not exceed sixty (60) percent of the total sign arca; 1463 • - -- - - - - - - _ _ • - - - - -1464 uniform color; (iii) the The top of the face of such sign does shall 1465 not exceed eight (8)feet in height and the top of any decorative cap 1466 on such sign does shall not exceed ten (10) feet in height. ; (iv) 1467 such Such sign does shall not exceed twelve (12) feet in width and 1468 iv-) the face of such sign is shall be surrounded by a minimum of six 1469 (6) inches of framework constructed of a material matching in color 1470 and texture the primary exterior building material of the principal 1471 structure in the center. 1472 1473 (3) Signs advertising located on property for sale, lease or rent shall be 1474 permitted, provided that no such sign shall exceed thirty-two (32) 1475 square feet in area, that not more than two (2) such signs shall be 1476 erected for each one hundred (100) feet of lot line at adjoining the 1477 street , and that not more than four (4) such signs shall 38 1478 be erected on any property. Any property having less frontage or lot 1479 line adjoining a street may have one (1) sign not exceeding sixteen 1480 (16) square feet of surface area. 1481 1482 (4) Beacon lights or search lights may be permitted for advertising 1483 purposes for special events. 1484 1485 (5) To facilitate occupancy in a new neighborhood shopping center 1486 containing a minimum of forty thousand (40,000) square feet of 1487 land area, one (1) temporary sign may be erected not to exceed 1488 one hundred (100) square feet of surface in area shall be permitted. 1489 Such sign shall be removed when seventy (70) percent of the 1490 property is occupied or leased, or after a period of twenty-four (24) 1491 months from the date on which a certificate of occupancy is first 1492 issued, whichever comes first. 1493 1494 (b) In the B-1A Limited Community Business District and in the B-2 1495 Community Business District, signs shall be permitted as follows: 1496 1497 (1) For each forty (40) feet of frontage and for each eighty (80) feet of 1498 lot line adjoining a street, but not constituting frontage, not more 1499 than one (1) sign and not more than sixty (60) square feet of 1500 surface ar a of signage shall be permitted; provided, however, that 1501 no establishment shall have more than three (3) signs, of which one 1502 (1) may be a freestanding sign; and provided further that no 1503 establishment having a frontage of less than one hundred (100) 1504 feet shall have a freestanding sign. No establishment having a 1505 frontage of at least one hundred (100) feet but less than or equal to 1506 two hundred (200) feet shall have a freestanding sign exceeding 1507 thirty-two (32) square feet of surface in area per face, and no 1508 establishment having a frontage of more than two hundred (200) 1509 feet shall have a freestanding sign exceeding seventy-five (75) 1510 square feet of surface in area per face. No freestanding sign shall 1511 - _ _ _ _ - , _ -: -: sign of any other type shall exceed 1512 one hundred fifty (150) square feet of surface in area. Any 1513 establishment or property having less frontage or lot line adjoining a 1514 street than required above may have one (1) sign not exceeding 1515 forty (40) square feet in area. 39 it I 1516 (2) Where there is an established neighborhood commercial center 1517 containing five (5) or more establishments and a minimum of forty 1518 thousand (40,000) square feet of land area, one (1) center 1519 identification additional sign no greater in area than one hundred 1520 (100) square feet per face shall be permitted far at each principal 1521 entrance _ - - _ - _ - - 1522 _1522 one hundred (100) square feet of surface area. Where there is an 1523 established community or regional commercial center containing a 1524 minimum of ten (10) establishments and fifteen (15) acres of land, 1525 one (1) center identification additional sign not exceeding may-be 1526 - - - - - - - -- - - - - - - - 1527 neither of which shall exceed one hundred fifty (150) square feet of 1528 surface in area shall be permitted at each principal entrance. StiGh 1529 identification sign shall specify only the name of the center. 1530 - - - . , - - - - - • - _ - _ 1531 as the name of the center if(i) the portion of a sign on which tenant 1532 _ . . - - - - - -- - - ---e :' _ - 1533 sign area; (ii) the portion of a sign on which tenant names arc 1534 . - . _ ' e . e •• __ e ; "' - - The top of the face of such 1535 sign does shall not exceed eight (8) feet in height and the top of 1536 any decorative cap on such sign does shall not exceed ten (10) feet 1537 in height. ; (iv) such Such sign does shall not exceed twelve (12) 1538 feet in width and (v)the face of such sign is shall be surrounded by 1539 a minimum of six (6) inches of framework constructed of a material 1540 matching in color and texture the primary exterior building material 1541 of the principal structure in the center. 1542 1543 (3) Signs advertising located on property for sale, lease or rent shall be 1544 permitted; provided, that no such sign shall exceed thirty-two (32) 1545 square feet in area, that not more than two (2) such signs shall be 1546 erected for each one hundred (100) feet of lot line at adjoining the 1547 street , and that not more than four (4) such signs shall 1548 be erected on any property. Any property having less frontage or lot 1549 line adjoining a street may have one (1) sign not exceeding thirty- 1550 two (32) square feet of surface area. 1551 1552 (4) Beacon lights or search lights may be permitted for advertising 1553 purposes for special events. 40 1554 (5) To facilitate occupancy in a community commercial center 1555 containing a minimum of fifteen (15) and acres of land, one (1) 1556 temporary sign may be erected not to exceed two (2) faces, neither 1557 one of which shall exceed one hundred fifty (150) square feet of 1558 surface in area shall be permitted. In a regional commercial center 1559 containing a minimum of thirty (30) acres of land, one (1) temporary 1560 sign may be erected not to - _--_ • _ _ - • - - - _ _ 1561 shall exceed two hundred (200) square feet of surface in area shall 1562 be permitted. Signs shall be removed when seventy (70) percent of 1563 the property is occupied or leased, or after a period of twenty-four 1564 (24) months from the date a certificate of occupancy is issued, 1565 whichever comes first. 1566 1567 (c) In the B-3 Central Business District, the following regulations shall apply: 1568 1569 (1) For each forty (40) feet of frontage and for each eighty (80) feet of 1570 lot line adjoining a street, but not constituting frontage, not more 1571 than one (1) sign and not more than sixty (60) square feet of 1572 surface area of signage shall be permitted; provided, however, that 1573 no establishment shall have more than three (3) signs of which one 1574 (1) may be a freestanding sign; and provided further that no 1575 establishment having a frontage of less than one hundred (100) 1576 feet shall have a freestanding sign. No establishment having a 1577 frontage of at least one hundred (100) feet but less than or equal to 1578 two hundred (200) feet shall have a freestanding sign exceeding 1579 thirty-two (32) square feet of surface in area per face, and no 1580 establishment having a frontage of more than two hundred (200) 1581 feet shall have a freestanding sign exceeding seventy-five (75) 1582 square feet of surface in area per face. No freestanding sign shall 1583 exceed two (2) faces, and no sign of any other type shall exceed 1584 one hundred fifty (150) square feet of surface in area. Any 1585 establishment or property having less frontage or lot line adjoining a 1586 street than required above may have one (1) sign not exceeding 1587 forty (40) square feet in area. 1588 1589 (2) Where there is an established neighborhood commercial center 1590 containing five (5) or more establishments and a minimum of forty 1591 thousand (40,000) square feet of land area, one (1) center 1592 identification additional sign for each principal entrance not 41 i I 1593 exceeding two (2) faces, neither of which shall exceed one hundred 1594 (100) square feet of surface in area per face shall be permitted at 1595 each principal entrance. Where there is an established community 1596 or regional commercial center containing ten (10) or more 1597 establishments and a minimum of fifteen (15) acres of land, one (1) 1598 center identification additional sign for each principal entrance not 1599 exceeding two (2) faces, neither of which shall exceed one hundred 1600 fifty (150) square feet of surface in area per face shall be permitted 1601 at each principal entrance. Such identification sign shall specify 1602 only the name of the center. Alternatively, such signs may display 1603 the names of tenants as well as the name of the center if (i) the 1604 -- - - - - - - - - ' - - - - - - 1605 exceed sixty (60) percent of the total sign area; (ii) the portion of a 1606 sign on which tenant names are displayed is of a uniform color; (iii) 1607 the The top of the face of such sign does shall not exceed eight (8) 1608 feet in height and the top of any decorative cap on such sign does 1609 shall not exceed ten (10) feet in height. ; (iv) such Such sign does 1610 shall not exceed twelve (12) feet in width; and (v) the face of such 1611 sign is shall be surrounded by a minimum of six (6) inches of 1612 framework constructed of a material matching in color and texture 1613 the primary exterior building material of the principal structure in the 1614 center. 1615 1616 (3) Signs located on property for sale, lease or rent shall be permitted, 1617 provided that no such sign shall exceed thirty-two (32) square feet 1618 in area, that not more than two (2) such signs shall be erected for 1619 each one hundred (100) feet of lot line at adjoining the street right- 1620 of-way, and that not more than four (4) such signs shall be erected 1621 on any property. Any property having less frontage or lot line 1622 adjoining a street may have one (1) sign not exceeding thirty-two 1623 (32) square feet of surface area. 1624 1625 (d) Within the B-4C Central Business Mixed Use District, signs shall be 1626 permitted as follows: 1627 1628 (1) For each foot of occupancy frontage, an establishment shall have 1629 no more than sixty one hundredths (.60) six-tenths (0.6) of one (1) 1630 square feet foot of sign area. No single establishment shall have 1631 more than four (4) signs, nor or more than two (2) signs per building 42 1632 facade, and no individual sign shall exceed sixty (60) square feet in 1633 surface area. Any establishment having less than forty (40) feet of 1634 occupancy frontage may have one (1) sign not exceeding twenty- 1635 four (24) square feet in area. No such sign shall be allowed above 1636 the second story of any building. 1637 1638 (2) A One additional sign identifying the at each street-level entrance to 1639 upper-floor residential dwelling units shall be permitted; provided, 1640 that no such sign shall exceed eight (8) square feet of surface in 1641 area, and that the number of signs shall be limited to one (1) sign at 1642 street level at each principal entrance. 1643 1644 (2.5) Commercial buildings, including hotels and motels, of less than five 1645 (5) stories in height shall may have no more than two (2) building 1646 identification signs in addition to other allowed signage, and 1647 provided that no such sign shall have a surface an area exceeding 1648 one hundred fifty (150) square feet. Such signs shall be mounted 1649 on or above the fourth story of the building, but not above the 1650 roofline of such building, and only one (1) such sign per building 1651 facade shall be allowed. Additionally, two Two (2) additional 1652 building identification signs, not exceeding twenty (20) square feet 1653 each, shall be allowed at -- -- -- - e - - each 1654 street level entrance. 1655 1656 (3) Commercial buildings, including hotels and motels, of five (5) 1657 stories to ten (10) stories shall may have no more than two (2) 1658 building identification signs in addition to other allowed signage, 1659 and provided that no such sign shall have a surface an area 1660 exceeding two hundred (200) square feet. Such signs shall be 1661 mounted on or above the top one-quarter (%) of the building, but 1662 not above the roofline of such building, and only one (1) sign per 1663 building facade shall be allowed. Two (2) 1664 additional building identification signs, not exceeding twenty (20) 1665 square feet each, may be allowed at street level, if the building has 1666 a each street level entrance. 1667 1668 (3.5) Commercial buildings, including hotels and motels, of more than 1669 ten (10) stories in height shall may have no more than two (2) 1670 signs in addition to other allowed signage, 43 I I 1671 and provided that no such sign shall have a surface an area 1672 exceeding three hundred (300) square feet. All signs shall be 1673 mounted on or above the top one-quarter (1/4) of the building, but 1674 not above the roofline of such building, and only one (1) sign per 1675 building facade shall be allowed. Two (2) building 1676 identification additional signs, not exceeding twenty (20) square 1677 feet each, may be allowed at -- - , ' - - - • - - - - each 1678 street level entrance. 1679 1680 (3.7) Major Tenant Sign Option. For each foot of building footage, a 1681 major tenant may have a maximum of one and two-tenths (1.2) 1682 square feet of sign area, provided that pedestrian scale features 1683 and amenities such as outdoor cafe seating, planters, kiosk areas, 1684 fountains, display windows or sculptures are provided on the 1685 facade or adjacent thereto. No major tenant shall have a total of 1686 more than four (4) signs, nor or more than two (2) signs per building 1687 facade. 1688 1689 (4) All freestanding signs shall be approved subject to approval by the 1690 city council, as consistent with the general purpose and intent of the 1691 design provisions presented in the July, 1991, November 2009 1692 Pembroke Strategic Growth Area 4 Implementation Plan and any 1693 applicable design standards approved by the city council. 1694 1695 (5) Signs on building awnings shall not be included in determining the 1696 number of building signs permitted, or in determining permissible 1697 sign area, if they meet the following criteria: 1698 1699 a. Such signs are uniform in font, color, size and style; 1700 b. Only the name of the establishment appears on the awning; 1701 G, b. There is only one (1) sign per awning; and 1702 €1, c. Such signs are no larger than two (2) square feet. 1703 1704 (6) Public or private parking structures and parking garages may have 1705 one (1) sign per vehicle entrance and two (2) additional signs. Such 1706 signs shall have no more be no greater in area than seventy-five 1707 (75) square feet of surface area and shall identify the building on 1708 which they are located as a parking structure or parking garage. 1709 44 1710 (7) As used in this section: 1711 1712 a. "Occupancy frontage" means the exterior length of that 1713 • • --• - - - - - - -- - - _ ae - - _ _ ' . ..-. 1714 having at least one (1) exterior public access; 1715 b. "Building identification sign" m ans a sign which displays 1716 only the name of the building on which it is located; 1717 c. "Major tenant" means the space in a building occupied by a 1718 1719 -- -- - - - - - - -- - - -- - ' -1720 least eighty (80)feet of building frontage; and 1721 d. "Building frontage" means the exterior length of that portion 1722 of a building occupied exclusively by a single establishment. 1723 1724 (e) Within the B-4 Mixed Use District, the sign regulations shall apply signs 1725 shall be permitted as follows: 1726 1727 (1) For hotels and motels - - _ _ _ a . - _ _ . 1728 1729 a. For each twenty (20) feet of frontage and for each forty (40) 1730 feet of lot line adjoining a street, but not constituting 1731 frontage, not more than one (1) sign and not more than forty 1732 (40) square feet of surface area of signage shall be 1733 permitted; provided, however, that no establishment shall 1734 have more than four (4) signs., of which one (1) may be a 1735 freestanding sign; and provided further that no establishment 1736 having a frontage of less than one hundred (100) feet shall 1737 have a freestanding sign. No establishment having a 1738 frontage of at least one hundred (100) feet but less than or 1739 equal to two hundred (200) feet shall have a freestanding 1740 sign exceeding thirty-two (32) square feet of surface in area 1741 per face, and no establishment having a frontage of more 1742 than two hundred (200) feet shall have a freestanding sign 1743 exceeding seventy-five (75) square feet of surface in area 1744 per face. No freestanding sign shall exceed two (2) faces, 1745 and no sign of any other type shall exceed one hundred fifty 1746 (150) square feet of surface in area. Any establishment or 1747 property having less frontage or lot line adjoining a street 45 1748 than required above may have one (1) sign not exceeding 1749 thirty (30) square feet of surface in area. 1750 1751 (2) For all other uses and structures, the following sign regulations 1752 shall apply: 1753 1754 a. No sign located on or in any window or located behind any 1755 window in such a manner as to attract the attention of 1756 persons outside the establishment, shall have a surface an 1757 area greater than twenty (20) percent of the surface area of 1758 such window, not to exceed sixteen (16) square feet. 1759 1760 b. Signs containing or consisting of graphic or pictorial 1761 representations shall be permitted; provided, however, that 1762 the combined surface area occupied by such graphic or 1763 pictorial representations shall not be more than twenty (20) 1764 percent of the total sign allotment of an establishment or four 1765 (4) square feet, whichever is less. 1766 1767 c. For each forty (40) feet of frontage and for each eighty (80) 1768 feet of lot line adjoining a street, but not constituting 1769 frontage, not more than one (1) sign and not more than a 1770 total of sixteen (16) square feet of surface area-of signage 1771 shall be permitted; provided, however, that no establishment 1772 shall have more than two (2) signs,. of which one (1) may be 1773 a freestanding sign; and provided further that no 1774 establishment having a frontage of less than one hundred 1775 (100) feet shall have a freestanding sign. No freestanding 1776 sign shall exceed two (2) faces, neither of which shalt 1777 exceed thirty-two (32) square feet of surface in area per 1778 face, and no sign of any other type shall exceed seventy-five 1779 (75) square feet of surface in area. Any establishment 1780 having less frontage or lot line adjoining a street than is 1781 required hereinabove may have one (1) sign not exceeding 1782 sixteen (16) square feet of surface in area. 1783 1784 d. Sign regulations pertaining to multiple-family dwellings shall 1785 be the same as those applying in the Apartment Districts. 1786 46 1787 e. Where there is an established neighborhood commercial 1788 center containing at least five (5) establishments and at least 1789 forty thousand (40,000) square feet of land area, there shall 1790 be not more than one (1) center identification additional sign 1791 for shall be allowed at each principal entrance. No such sign 1792 shall _ . - _ _ 1793 exceed thirty-two (32) square feet of surface in area per 1794 face. No such sign shall have more than two (2) faces, 1795 neither of which shall exceed thirty-two (32) square feet of 1796 surface in area per face. Such identification sign shall 1797 specify only the name of the center. Alternatively, such signs 1798 may display the names of tenants as well as the name of the 1799 _ - - -- - - - - - - - _ • - _1800 displayed does not exceed sixty (60) percent of the total sign 1801 arca; (ii) the portion of a sign on which tenant names arc 1802 - . . . ' _ _ _ •• _ . ; "' - - The top of the face of 1803 such sign does shall not exceed eight (8) feet in height and 1804 the top of any decorative cap on such sign docs shall not 1805 exceed ten (10) feet in height. ; (iv) such Such sign does 1806 shall not exceed twelve (12) feet in width; and ( ) the face of 1807 such sign is shall be surrounded by a minimum of six (6) 1808 inches of framework constructed of a material matching in 1809 color and texture the primary exterior building material of the 1810 principal structure in the center. 1811 1812 f. Signs advertising located on property for sale, lease or rent 1813 shall be permitted; provided, however, that no such sign 1814 shall exceed sixteen (16) square feet in surface area. Not 1815 more than two (2) such signs shall be permitted for any 1816 property having more than one hundred (100) feet of lot line 1817 at adjoining the street , and any property having 1818 less than one hundred (100) feet of such lot line shall have 1819 no more than one (1) sign not exceeding sixteen (16) square 1820 feet of surface in area. 1821 1822 g. Beacon lights or search lights may be permitted for purposes 1823 of advertisement of special events for a period not in excess 1824 of forty-eight (48) hours. 1825 47 1826 h. To facilitate occupancy in a new neighborhood commercial 1827 center containing at least forty thousand (40,000) square 1828 feet of land area, there shall be not more than one (1) 1829 temporary sign, not to exceed thirty-two (32) 1830 square feet of surface in area, shall be allowed. Such sign 1831 shall be removed when seventy (70) percent of the property 1832 is occupied or leased, or after a period of twenty-four (24) 1833 months from the date a certificate of occupancy is issued, 1834 whichever event first occurs. 1835 1836 (f) Within the B-4K Historic Kempsville Area Mixed Use District, signs shall 1837 be permitted as follows: 1838 1839 (1) For each foot of occupancy frontage an establishment shall have 1840 no more than sixty one hundredths (0.60) six-tenths (0.6) of one 1841 square feet foot of sign area. No single establishment shall have 1842 more than four (4) signs, nor more than two (2) signs per building 1843 facade, and no individual sign shall exceed sixty (60) square feet in 1844 surface area. Any establishment having less than forty (40) feet of 1845 occupancy frontage may have one (1) sign not exceeding twenty- 1846 four (24) square feet. No such sign shall be allowed above the 1847 second story of any building. 1848 1849 (2) A One additional sign identifying the at each street-level entrance to 1850 upper-floor residential dwelling units shall be permitted; provided, 1851 that no such sign shall exceed eight (8) square feet of surface in 1852 area, - - - -- - -- - - - - -- - - - - -1853 street level at each principal entrance. 1854 1855 (3) Commercial buildings of at least three stories in height shall may 1856 have no more than a maximum of two (2) 1857 additional signs, . -e -e - - - - - - neither of which 1858 shall be greater in area exceeding than one hundred fifty (150) 1859 square feet. Such signs shall be mounted on or above the third 1860 story of the building, but not above the roofline of such building, and 1861 only one (1) sign per building facade shall be allowed. Additionally, 1862 two (2) building identification signs, not exceeding twenty (20) 1863 square feet each, shall be allowed at street level if the building has 1864 a street level entrance. 48 1865 1866 (4) Major Tenant Sign Option. For each foot of building footage, a 1867 major tenant may have a maximum of one and two-tenths (1.2) 1868 square feet of sign area, provided that pedestrian scale features 1869 and amenities such as outdoor cafe seating, planters, kiosk areas, 1870 fountains, display windows or sculptures are provided on the 1871 facade or adjacent thereto. No major tenant shall have a total of 1872 more than four (4) signs, nor more than two (2) signs per building 1873 facade. 1874 1875 (5) All freestanding signs shall be subject to approval approved by the 1876 City Council, as consistent with the general purpose and intent of 1877 the design provisions presented in the Historic Kempsville Area 1878 Master Plan and any applicable design standards approved by the 1879 City Council. 1880 1881 (6) Signs on building awnings shall not be included in determining the 1882 number of building signs permitted, or in determining permissible 1883 sign area, if they meet the following criteria: 1884 a. Such signs are uniform in font, color, size and style; 1885 b. Only the name of the establishment appears on the awning; 1886 c b. There is only one (1) sign per awning; and 1887 d c. Such signs are no larger than two (2) square feet. 1888 1889 (7) Public or private parking structures and parking garages may have 1890 one (1) sign per vehicle entrance and two (2) additional signs. No 1891 Such such signs shall have no more be greater than seventy-five 1892 (75) square feet of surface in area . - - - - ' - - - -• - - 1893 which they arc located as a parking structure or parking garage. 1894 1895 (8) As used in this section: 1896 a. "Occupancy frontage" means the exterior length of that 1897 portion of a building occupied exclusively by a single 1898 establishment having at I ast one (1) exterior public access; 1899 b. "Building identification sign" means a sign which displays 1900 only the name of the building on which it is located; 1901 c. "Major tenant" means the space in a building occupied by a 1902 - - - - - - 49 1903 -- - - - - - - -- - - - 1904 containing at least eighty (80) feet of building frontage; and 1905 d. "Building frontage" means the exterior length of that portion 1906 1907 [RESERVED]. 1908 1909 (9) For all other uses and structures, the following sign regulations 1910 shall apply: 1911 a. No sign located on or in any window or located behind any 1912 window in such a manner as to attract the attention of 1913 persons outside the establishment, shall have a surface an 1914 area greater than twenty (20) percent of the surface area of 1915 such window, not to exceed sixteen (16) square feet. 1916 1917 b. Signs containing or consisting of graphic or pictorial 1918 representations shall be permitted; provided, however, that 1919 the combined surface area occupied by such graphic or 1920 pictorial representations shall not be more than twenty (20) 1921 percent of the total sign allotment of an establishment or four 1922 (4) square feet, whichever is less. 1923 1924 c. For each forty (40) feet of frontage and for each eighty (80) 1925 feet of lot line adjoining a street, but not constituting 1926 frontage, not more than one (1) sign and not more than a 1927 total of sixteen (16) square feet of surface area of signage 1928 shall be permitted; provided, however, that no establishment 1929 shall have more than two (2) signs of which one (1) may be 1930 a freestanding sign; and provided further that no 1931 establishment having a frontage of less than one hundred 1932 (100) feet shall have a freestanding sign. No freestanding 1933 sign shall exceed two (2) faces, neither of which shall 1934 exceed thirty-two (32) square feet of surface in area per 1935 face, and no sign of any other type shall exceed seventy-five 1936 (75) square feet of surface in area. Any establishment 1937 having less frontage or lot line adjoining a street than is 1938 required hereinabove may have one (1) sign not exceeding 1939 sixteen (16) square feet of surface in area. 1940 50 1941 d. Sign regulations pertaining to multiple-family dwellings shall 1942 be the same as those applying in the Apartment Districts. 1943 1944 e. Where there is an established neighborhood commercial 1945 center containing at least five (5) establishments and at least 1946 forty thousand (40,000) square feet of land area, there shall 1947 be not more than one (1) center identification additional sign 1948 for shall be allowed at each principal entrance. No such sign 1949 shall . • _ - e -- - -1950 exceed thirty-two (32) square feet of surface in area per 1951 face. _. - - • '-- •- - _-_'• _ - - _ 1952 the center. Alternatively, such signs may-display the names 1953 _ - _ _ _ _ • - _ - - - - - - ._ e - 1954 - - - - _ - • - - - - - - - - - - 1955 exceed sixty (60) percent of the total sign area; (ii) the 1956 1957 uniform color; (iii) the The top of the face of such sign does 1958 shall not exceed eight (8) feet in height and the top of any 1959 decorative cap on such sign does shall not exceed ten (10) 1960 feet in height. ; (iv) such Such sign does shall not exceed 1961 twelve (12) feet in width; and ( )the face of such sign is shall 1962 be surrounded by a minimum of six (6) inches of framework 1963 constructed of a material matching in color and texture the 1964 primary exterior building material of the principal structure in 1965 the center. 1966 1967 f. Signs advertising located on property for sale, lease or rent 1968 shall be permitted; provided, however, that no such sign 1969 shall exceed sixteen (16) square feet in surface area. Not 1970 more than A maximum of two (2) such signs shall be 1971 permitted for any property having more than one hundred 1972 (100) feet of lot line at adjoining the street right-of-way, and 1973 any property having less than one hundred (100) feet of 1974 such lot line shall have no more than one (1) sign not 1975 exceeding sixteen (16) square feet of surface in area. 1976 1977 g. Beacon lights or search lights may be permitted for purposes 1978 of advertisement of special events for a period not in excess 1979 of forty-eight (48) hours. 51 1980 1981 h. To facilitate occupancy in a new neighborhood commercial 1982 center containing at least forty thousand (40,000) square 1983 feet of land area, there shall be not more than one (1) 1984 temporary sign, which shall not to exceed thirty-two (32) 1985 square feet of surface in area, shall be allowed. Such sign 1986 shall be removed when seventy (70) percent of the property 1987 is occupied or leased, or after a period of twenty-four (24) 1988 months from the date a certificate of occupancy is issued, 1989 whichever event first occurs. 1990 1991 (g) The provisions of this section shall be deemed to be severable, and if any 1992 of the provisions hereof be adjudged to be invalid or unenforceable, the remainder of 1993 this section shall remain in full force and effect and its validity shall remain unimpaired. 1994 1995 COMMENT 1996 1997 The substantive amendments are the same ones regarding content-based descriptors, such 1998 as "identification" signs, signs "advertising property for sale, lease or rent, etc., described in 1999 previous comments. In addition, the severability provision in subsection (g) has been deleted, as a 2000 similar provision in Section 113 applies to the entire City Zoning Ordinance, thus rendering 2001 subsection (g) superfluous, and the definitions contained in subdivisions (d)(7) and 0)(8) have been 2002 moved to the definitions section of the ordinance. 2003 2004 The regulations applying to shopping center identification signs have also been changed to 2005 delete the limitation that only the name of the center may be displayed and to make certain features 2006 mandatory,rather than optional. 2007 2008 2009 ARTICLE 10. INDUSTRIAL DISTRICTS 2010 . . . . 2011 Sec. 1001. Use regulations. 2012 . . . . 2013 2014 (b) Accessory uses and structures. Uses and structures which are customarily 2015 accessory and clearly incidental and subordinate to the principal uses and structures, 2016 including, but not limited to: 2017 2018 (1) An accessory activity operated for profit in a residential dwelling 2019 unit where there is no change in the outside appearance of the 52 2020 building or premises or any visible or audible evidence detectable 2021 from outside the building lot, either permanently or intermittently, of 2022 the conduct of such business except for one non-illuminated 2023 identifisation sign not more than one square foot in area mounted 2024 flat against the residence; where no traffic is generated, including 2025 traffic by commercial delivery vehicles, by such activity in greater 2026 volumes than would normally be expected in the neighborhood, and 2027 any need for parking generated by the conduct of such activity is 2028 met off the street and other than in a required front yard; where the 2029 activity is conducted on the premises which is the bona fide 2030 residence of the principal practitioner, and no person other than 2031 members of the immediate family occupying such dwelling unit is 2032 employed in the activity; where such activity is conducted only in 2033 the principal structure on the lot; where there are no sales to the 2034 general public of products or merchandise from the home; and 2035 where the activity is specifically designed or conducted to permit no 2036 more than one patron, customer, or pupil to be present on the 2037 premises at any one time. The following are specifically prohibited 2038 as accessory activities: Convalescent or nursing homes, bars or 2039 nightclubs, tourist homes, massage or tattoo parlors, radio or 2040 television repair shops, auto repair shops, or similar 2041 establishments. 2042 2043 COMMENT 2044 The descriptor"identification"sign has been deleted,as it has in the corresponding sections 2045 of other zoning districts. 2046 . . . . 2047 2048 Sec. 1005. Sign regulations. 2049 2050 In the I-1 and 1-2 Industrial Districts, signs shall be permitted as follows: 2051 2052 (a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line 2053 adjoining a street, but not constituting frontage, not more than one (1) sign and not more 2054 than sixty (60) square feet of surface area of signage shall be permitted; provided, 2055 however, that no establishment shall have more than three (3) signs., of which one (1) 2056 may be a freestanding sign; and provided further, that no establishment having a 2057 frontage less than of one hundred (100) feet or less shall have a freestanding sign. No 2058 establishment having a frontage at least one hundred (100) feet but less than or equal 53 2059 to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) 2060 square feet of surface in area per face, and no establishment having a frontage of more 2061 than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) 2062 square feet of surface in area per face. No freestanding sign shall exceed two (2) 2063 _ _- , - -• - - _ • _ - -= thirty-two (32) square feet of surface in area per 2064 face, and no sign of any other type shall exceed seventy-five (75) square feet of surface 2065 in area. Any establishment having less frontage or lot line adjoining a street than is 2066 required hereinabove may have one (1) sign not exceeding sixteen (16) square feet of 2067 surface in area. 2068 2069 (b) Where there is an established industrial park containing three (3) or more 2070 establishments and a minimum of ten (10) acres of land area, one (1) pack-identification 2071 additional sign not exceeding one hundred fifty (150) square feet per face in area shall 2072 be permitted for at each principal entrance or frontage not exceeding two (2) faces, 2073 - - -- _ - - ---e _ - - -e - • .! _ _ . - -- - - - - - . Where 2074 there is a major established an industrial park containing three (3) or more 2075 establishments and a minimum of thirty (30) acres of land area, one (1) park 2076 klentifioation additional sign not exceeding _ - - - •- - - - -2077 two hundred (200) square feet in area per face shall be permitted. Such identification 2078 - - e - - - -- . -e • - - - - - - 2079 tenants occupying such parks. 2080 2081 (c) Beacon lights or search lights may be permitted for advertising purposes 2082 for special events. 2083 2084 (d) Signs advertising located on property for sale, lease or rent, shall be 2085 permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, 2086 that not more than two (2) such signs shall be erected for each one hundred (100) feet 2087 of lot line at adjoining the street , and that not more than four (4) such signs 2088 shall be erected on any property. Any property having less frontage or lot line adjoining 2089 a street may have one (1) sign not exceeding thirty-two (32) square feet of surface in 2090 area. 2091 2092 (e) To facilitate occupancy in new industrial parks, a temporary sign may be 2093 erected at each principal entrance to facilitate occupancy. In an industrial park 2094 containing a minimum of ten (10) acres of land area, one (1) such sign at ach principal 2095 entrance no greater in area than one hundred fifty (150) square feet may be erected not 2096 _ - .--e e - at each principal entrance, h shall exceed one 2097 hundred fifty (150) square feet of surface area. In a new major industrial park containing 54 2098 a minimum of thirty (30) acres of land area, one (1) such sign no greater in area than 2099 two hundred (200) square feet may be erected at each principal entrance may be 2100 - - - - - - - - 2101 square feet. Signs must Such signs shall be removed when seventy (70) percent of the 2102 property is occupied or leased, or after a period of twenty-four (24) months from the 2103 date a certificate of occupancy is issued, whichever comes first. 2104 2105 COMMENT 2106 2107 The amendments to this section are similar in nature to the recurring section amendments 2108 concerning "identification" signs, signs "advertising property for sale, lease or rent," etc. Other 2109 changes are stylistic and have no substantive effect. 2110 2111 2112 2113 ARTICLE 15. RESORT TOURIST DISTRICTS 2114 2115 A. RT-1 RESORT TOURIST DISTRICT. 2116 . . . . 2117 Sec. 1503. Sign regulations. 2118 2119 (a) Within the RT-1 Resort Tourist District, sign regulations pertaining to 2120 hotels and motels shall be as follows: 2121 2122 (1) For each twenty (20) feet of frontage and for each forty (40) feet of 2123 lot line adjoining a street, but not constituting frontage, not more 2124 than one (1) sign and not more than forty (40) square feet of 2125 surface area of signage shall be permitted; provided, however, that 2126 no establishment shall have more than four (4) signs of which one 2127 (1) may be a freestanding sign; and provided further, that no 2128 establishment having a frontage of less than one hundred (100) 2129 feet shall have a freestanding sign. No establishment having a 2130 frontage of at least one hundred (100) feet but less than or equal to 2131 two hundred (200) feet shall have a freestanding sign exceeding 2132 thirty-two (32) square feet of surface in area per face, and no 2133 establishment having a frontage of more than two hundred (200) 2134 feet shall have a freestanding sign exceeding seventy-five (75) 2135 square feet of surface in area per face. No freestanding sign shall 2136 exceed two (2) faces, and no sign of any other type shall exceed 55 2137 one hundred fifty (150) square feet of surface in area. Any 2138 establishment or property having less frontage or lot line adjoining a 2139 street than required above may have one (1) sign not exceeding 2140 thirty (30) square feet of surface in area. 2141 2142 (b) Within the RT-1 Resort Tourist District, sign regulations pertaining to 2143 multiple-family dwellings, parks, playgrounds, community centers, botanical and 2144 zoological gardens and other public buildings and uses shall be as specified in the most 2145 restrictive district where the use is first permitted as a principal use. 2146 2147 (c) Identification signs Signage for boardwalk cafes permitted as part of a city 2148 council approved franchise agreement shall not be counted against the sign allowance 2149 specified elsewhere in this section. 2150 2151 (d) Identification signs Signage for bicycle rental establishments, as permitted 2152 in section 1501(a)(4), shall not be counted against the sign allowance specified 2153 elsewhere in this section. 2154 2155 (e) Sign regulations pertaining to all other uses and structures shall be as 2156 specified '- •- ' ' - :• : - ' `' for the building type in the SH-2 Shopping 2 2157 frontage within the OR Oceanfront Resort District. Where the building is not of a type 2158 identified in the sign regulations applicable in the SH-2 Shopping 2 frontage, the 2159 applicable regulations shall be those pertaining to the building type determined by the 2160 zoning administrator to most closely resemble such building. 2161 2162 COMMENT 2163 2164 The substantive amendments to this section are similar in nature to the recurring section 2165 amendments concerning "identification" signs, etc. In addition subsection (e) makes new 2166 provisions for uses other than ones specifically mentioned, inasmuch as the RT-2 Resort ZTourist 2167 District no longer exists. 2168 . . . . 2169 2170 C. RT-3 RESORT TOURIST DISTRICT 2171 . . . . 2172 2173 Sec. 1521. Use regulations. 2174 . . . . 56 2175 (b) Accessory uses and structures: Uses and structures which are customarily 2176 accessory and clearly incidental and subordinate to the principal uses and structures; 2177 provided, however, that drive-through facilities shall not be permitted as an accessory 2178 use: 2179 (1) An accessory activity operated for profit in a residential dwelling 2180 unit where there is no change in the outside appearance of the 2181 building or premises or any visible or audible evidence detectable 2182 from outside the building lot, either permanently or intermittently, of 2183 the conduct of such business except for one (1) nonilluminated 2184 identification sign not more than one (1) square foot in area 2185 mounted flat again against the residence; where no traffic is 2186 generated, including traffic by commercial delivery vehicles, by 2187 such activity in greater volumes than would normally be expected in 2188 the neighborhood, and any need for parking generated by the 2189 conduct of such activity is met off the street and other than in a 2190 required front yard; where the activity is conducted on the premises 2191 which is the bona fide residence of the principal practitioner, and no 2192 person other than members of the immediate family occupying 2193 such dwelling unit is employed in the activity; where such activity is 2194 conducted only in the principal structure on the lot; where there are 2195 no sales to the general public of products or merchandise from the 2196 home; and where the activity is specifically designed or conducted 2197 to permit no more than one (1) patron, customer, or pupil to be 2198 present on the premises at any one time. The following are 2199 specifically prohibited as accessory activities: Convalescent or 2200 nursing homes, bars or nightclubs, tourist homes, massage or 2201 tattoo parlors, body piercing establishments, radio or television 2202 repair shops, auto repair shops, or similar establishments. 2203 2204 COMMENT 2205 2206 The substantive amendments to this section are the same as the recurring section 2207 amendments concerning"identification" signs. 2208 2209 2210 2211 D. RT-4 RESORT TOURIST DISTRICT 2212 . . . . 2213 57 2214 Sec. 1531. Use regulations. 2215 . . . . 2216 2217 (b) Accessory uses and structures: Uses and structures which are customarily 2218 accessory and clearly incidental and subordinate to the principal uses and structures: 2219 2220 (1) An accessory activity operated for profit in a residential dwelling 2221 unit where there is no change in the outside appearance of the 2222 building or premises or any visible or audible evidence detectable 2223 from outside the building lot, either permanently or intermittently, of 2224 the conduct of such business except for one (1) nonilluminated 2225 identification sign not more than one (1) square foot in area 2226 mounted flat against the residence; where no traffic is generated, 2227 including traffic by commercial delivery vehicles, by such activity in 2228 greater volumes than would normally be expected in the 2229 neighborhood, and any need for parking generated by the conduct 2230 of such activity is met off the street and other than in a required 2231 front yard; where the activity is conducted on the premises which is 2232 the bona fide residence of the principal practitioner, and no person 2233 other than members of the immediate family occupying such 2234 dwelling unit is employed in the activity; where such activity is 2235 conducted only in the principal structure on the lot; where there are 2236 no sales to the general public of products or merchandise from the 2237 home; and where the activity is specifically designed or conducted 2238 to permit no more than one (1) patron, customer, or pupil to be 2239 present on the premises at any one time. The following are 2240 specifically prohibited as accessory activities: Convalescent or 2241 nursing homes, tourist homes, massage or tattoo parlors, body 2242 piercing establishments, radio or television repair shops, auto repair 2243 shops, or similar establishments. 2244 2245 COMMENT 2246 The descriptor"identification" sign has been deleted, as it has in the corresponding sections 2247 of other zoning districts. 2248 . . . . 2249 2250 Sec. 1533. Sign regulations. 2251 2252 (a) In the RT-4 Resort Tourist District, signs shall be permitted as follows: 58 2253 2254 (1) For each forty (40) feet of principal frontage adjacent to a street and 2255 for each eighty (80) feet of lot line adjoining a street, but not 2256 constituting frontage, not more than one (1) sign and not more than 2257 thirty-two (32) square feet of surface in area shall be permitted; 2258 provided, however, that no establishment may have more than 2259 three (3) signs,. of which one (1) may be a freestanding sign. No 2260 freestanding sign - - - _ • _ - - , - - - - _ shall 2261 exceed seventy-five (75) square feet of surface in area per face, 2262 and no sign of any other type shall exceed one hundred fifty (150) 2263 square feet of surface in area. Any establishment or property 2264 having less frontage or lot line adjoining a street than required 2265 above may have one (1) sign not exceeding thirty-two (32) square 2266 feet in area. 2267 2268 (2) In connection with For multiple-family dwellings, the sign 2269 regulations applicable to the A-12 Apartment District shall apply. 2270 2271 (3) In connection with For single-family and duplex dwellings, the sign 2272 regulations applicable to residential districts shall apply. 2273 2274 (4) Signs advertising located on property for sale, lease or rent shall be 2275 permitted, provided that no such sign shall exceed thirty-two (32) 2276 square feet in area, that not more than two (2) such signs shall be 2277 erected for each one hundred (100) feet of lot line at adjoining the 2278 street , and that not more than four (4) such signs shall 2279 be erected on any property. Any property having less frontage or lot 2280 line adjoining a street may have one (1) sign not exceeding sixteen 2281 (16) square feet of surface in area. 2282 2283 (b) All other uses shall be subject to the have sign regulations as specified in 2284 of the most restrictive district where in which the use is first permitted as a principal use. 2285 2286 COMMENT 2287 2288 The amendments are the same as those pertaining to content-based regulations described in 2289 prior comments. In addition, the amendments to subsection (b) clarify which sign regulations 2290 apply to uses not specifically mentioned in the section. 2291 59 2292 2293 2294 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT 2295 . . . . 2296 2297 C. SIGN REGULATIONS 2298 . . . . 2299 2300 Sec 2210. Regulations applicable to all signage. 2301 2302 The following regulations shall apply to all signage within the Central Business 2303 Core District. All signage shall comply with the provisions of Article 2, Part B of the City 2304 Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of 2305 sign types shall be as set forth in Section 210.2. In the event of a conflict between the 2306 provisions of this section and any other provision of the City Zoning Ordinance, the 2307 provisions of this section shall apply. 2308 2309 (a) Permitted sign types. The following sign types shall be permitted within the 2310 Central Business Core District: 2311 2312 (1) Awning signs shall be limited to one (1) sign per awning and shall 2313 not exceed a maximum of two (2) square feet in area. Awning signs 2314 conforming to the Central Business District Design Guidelines shall 2315 not be included in determining the allowable signage of any 2316 establishment pursuant to subsection (b). 2317 2318 (2) Banner signs other than those allowed in connection with major 2319 entertainment venues shall be affixed only to a vertical facade of 2320 the building and not on, or extending above, the roof. No banner 2321 sign shall exceed eight (8) square feet in area or be higher than 2322 fifteen (15) feet above street level directly below such sign. The 2323 longer dimension of the sign shall be no less than two times the 2324 shorter dimension. One (1) such sign shall be allowed for every 2325 twenty-five (25) linear feet of frontage of the building to which they 2326 are affixed. 2327 2328 (3) =- - - - - . .-- - - - - - - - - - - -- . . - 2329 (%) of the distance from ground level to the top of the building, but 2330 no higher than the roofline. Commercial buildings shall have a 60 23312332 exceed the or a set forth below. Additionally, two (2) building 2333 identification signs, not exceeding twenty (20) square feet each, 2334 may be allowed at street level. [RESERVED] 2335 2336 (4) Changeable copy signs shall only be allowed for purposes of 2337 - - - - ' - - -- - - - - , - - - - - - 2338 similar performances or events as part of a marquee sign, where 2339 the changeable copy portion of such signs is not greater than forty 2340 percent (40%) of the total area of the marquee sign or twenty 2341 percent (20%) of the total sign area allowance of an establishment, 2342 whichever is less. Skewed or missing lettering shall be promptly 2343 replaced. 2344 2345 (5) Electronic display signs, rope lighting, low-voltage strip lighting or 2346 strings of lights shall be allowed only for major entertainment 2347 venues and shall require the approval of the City Council. 2348 2349 (6) Freestanding signs shall be monument-style only and shall be 2350 allowed only by special exception for Alternative Compliance and 2351 only if the City Council determines that such signs conform to the 2352 applicable Central Business Core District Design Guidelines. 2353 2354 (7) Hanging signs shall have a maximum of two (2) faces, which shall 2355 be parallel to each other, and shall not exceed six (6) square feet 2356 per face in sign area. In addition, no business establishment shall 2357 have more than one (1) hanging sign, and no business 2358 establishment having a hanging sign shall also have a projecting 2359 sign. No hanging sign shall be internally illuminated or horizontally 2360 project over any public sidewalk by more than three (3) feet. 2361 Hanging signs shall maintain a minimum clearance of eight (8) feet 2362 above ground level. Any hanging sign that projects over a public 2363 sidewalk shall conform to all applicable Central Business Core 2364 District Design Guidelines. 2365 2366 (8) Information board signs shall be placed within a weather-resistant 2367 closed display cabinet no greater than eight (8) square feet in area, 2368 permanently mounted to the building wall. The maximum height of 2369 the lettering on such signs shall not exceed one (1) inch, except for 61 2370 lettering comprising the name of the establishment. Information 2371 board signs conforming to the Central Business Core District 2372 Design Guidelines shall not be included in determining the 2373 allowable signage of any establishment pursuant to subsection (b). 2374 2375 (9) Major entertainment venue signs shall be permitted in accordance 2376 with the provisions of Section 218. 2377 2378 (10) Marquee signs shall be allowed only on buildings occupied by 2379 theaters, cinemas, performing arts facilities or similar venues, and 2380 shall have a maximum area of one (1) square foot for each five (5) 2381 linear feet of building façade to which it is attached. The top of the 2382 sign shall be at a height no greater than eighteen (18) feet above 2383 the ground immediately adjacent to the sign, and there shall be a 2384 minimum clearance of nine (9) feet above ground level. In addition, 2385 such signs may contain one (1) changeable copy 2386 information regarding movie, theater, music, or other similar 2387 performances or events, not to be included in the establishment's 2388 total sign allowance so long as such sign does not contain any 2389 other commercial content as permitted by subdivision (4). Marquee 2390 signs may encroach above a public sidewalk by a maximum 2391 horizontal distance of ten (10) feet if such marquee conforms to the 2392 Central Business Core District Design Guidelines. 2393 2394 (11) Public or private parking structures and parking garages may have 2395 one (1) sign per vehicle entrance and two (2) additional signs, all of 2396 which may be project from the building to which they are affixed by 2397 a maximum of four (4) feet. Such signs shall maintain a minimum 2398 clearance of nine (9) feet above ground level. Such signs shall be 2399 no larger than seventy-five (75) square feet in area, contain only 2400 2401 parking structure or garage, and be internally illuminated. 2402 2403 (12) Projecting signs shall have a maximum of two (2) faces, which shall 2404 be parallel to each other, and shall not exceed six (6) square feet 2405 per face in sign area. No projecting sign shall be internally 2406 illuminated or, except for parking garage signs, project more than 2407 three (3) feet from the wall to which it is affixed. Such signs shall 2408 maintain a minimum clearance of nine (9) feet above ground level. 62 2409 No business establishment shall have more than one (1) projecting 2410 sign, and no business establishment having a projecting sign shall 2411 also have a hanging sign. Any projecting sign that projects over a 2412 public sidewalk shall conform to all applicable Central Business 2413 Core District Design Guidelines. 2414 2415 (13) Sandwich board signs shall be made primarily of wood, wood 2416 composite or metal and have a professional finish. Incorporated 2417 inserts must contain a fixed message or be made out of 2418 chalkboard, dry eraser board, or similar material. Such signs shall 2419 be placed no farther than three (3) feet from the façade of the 2420 building in which the business that is the subject of the sign is 2421 located, and a travel width of at least eight (8) feet shall be 2422 maintained on public sidewalks. Such signs shall not be artificially 2423 illuminated or left out overnight. Only one sandwich board sign not 2424 to exceed six square feet per side shall be permitted per business. 2425 No merchandise or other material shall be placed on or hang from 2426 any such sign. Such signs may be carried by a person on a public 2427 sidewalk so long as such sign does not obstruct or impede 2428 pedestrian passage. Sandwich board signs conforming to the 2429 Central Business District Design Guidelines shall not be included in 2430 determining the allowable signage of any establishment pursuant to 2431 subsection (b). 2432 2433 (14) Signs advertising located on property for sale, lease or rent shall be 2434 permitted; provided, however that no such sign shall exceed four 2435 (4) square feet in surface area. Not more than two (2) such signs 2436 shall be permitted for any property having more than one hundred 2437 (100) feet of lot line at adjoining the street , and any 2438 property having less than one hundred (100) feet of such lot line 2439 shall have no more than one sign not exceeding sixteen (16) feet of 2440 surface in area. 2441 2442 (15) Table umbrella signs shall be limited to no more than two (2) signs 2443 on each umbrella and no more than two (2) square feet per sign. 2444 Table umbrella signs conforming to the Central Business Core 2445 District Design Guidelines shall not be included in determining the 2446 allowable signage of any establishment pursuant to subsection (b). 63 2447 (16) Wall signs shall not extend above the building wall to which they 2448 are affixed, and no wall sign shall extend more than twelve (12) 2449 inches from the wall to which they are affixed. 2450 2451 (17) Window signs shall not consist of or contain oscillating lights, rope 2452 lighting, low-voltage strip lighting, electronic display signs, 2453 televisions, computer monitors, or backlit or internally illuminated 2454 displays or graphics; provided, however, that holiday lights framing 2455 or placed inside windows shall be allowed for a period of thirty (30) 2456 days prior to and ten (10) days after a holiday for which the display 2457 of such lights is traditional. One (1) non-oscillating neon or similar 2458 type of sign no larger than four (4) square feet in area shall be 2459 permitted in one (1) window of each façade visible from a public 2460 street or sidewalk. 2461 2462 (18) In addition to other signage allowed by this section, commercial 2463 buildings may have a maximum of two (2) signs not exceeding the 2464 area set forth below. Such signs shall be mounted at least three- 2465 fourths (%) of the distance from ground level to the top of the 2466 building, but no higher than the roofline. Additionally, two (2) signs, 2467 not exceeding twenty (20) square feet each, may be allowed at 2468 street level. 2469 2470 Bldg Height (in feet) Maximum area per sign (in square feet) 2471 2472 Less than 75 75 2473 75 - 99 100 2474 100 -149 125 2475 150 - 199 175 2476 200 - 249 225 2477 250 - 299 275 2478 300 or. more 300 2479 2480 (b) Signage allowances. The regulations set forth in this subsection prescribe 2481 the number of signs, total sign area allowance and other characteristics of signage 2482 within the District. Unless otherwise provided, the allowances apply to each separate 64 2483 business establishment. In the event of a conflict between any of the following 2484 provisions and the provisions of subsection (a), the provisions of this section control 2485 unless stated otherwise. 2486 2487 (1) Mixed-use buildings. Commercial business establishments located 2488 within mixed-use buildings and having direct ingress or egress from 2489 a public street may have a maximum of one (1) square foot of 2490 signage per linear foot of each building wall facing a public street 2491 and occupied by such establishment and a maximum of four (4) 2492 signs. No such sign shall exceed sixty (60) square feet in area and 2493 no single use shall have more than two (2) signs on any building 2494 facade. 2495 In addition, one (1) sign identifying the entrance to upper-floor 2496 residential dwelling units and not exceeding eight (8) square feet 2497 shall be permitted at street level at each principal entrance. 2498 2499 (2) Other buildings. In addition to signs allowed 2500 by Section (a)(3) (18), commercial business establishments located 2501 within buildings other than mixed-use buildings and having direct 2502 ingress or egress from a public street or sidewalk may have a 2503 maximum of one (1) square foot of signage per linear foot of each 2504 building wall occupied by such establishment and facing a public 2505 street. Such establishment may have a maximum of one (1) sign for 2506 each building façade facing a public street. 2507 Additionally, where a commercial building is located on a zoning lot 2508 with a parking structure that is used to satisfy, in whole or in part, 2509 the vehicular parking requirements of the commercial building, such 2510 commercial building may have one (1) wall sign with a maximum 2511 area equal to one (1) square foot of signage per linear foot of the 2512 building wall on which the sign is located for each building façade 2513 facing a public street, and one (1) wall sign, located on the parking 2514 structure serving the commercial building, with a maximum area no 2515 greater than one (1) square foot of signage per linear foot of the 2516 building wall of the parking structure on which the sign is located. 2517 Multiple-family dwellings may have a total of one (1) square foot of 2518 signage per linear foot and a maximum of two (2) signs for each 2519 building façade facing a public street. 2520 2521 65 2522 COMMENT 2523 2524 The amendments are of the type described in prior comments,i.e.,removal of content-based 2525 descriptors regarding certain types of"identification" signs, signs advertising property for sale or 2526 lease, etc. In addition, parking structure signs and marquee signs within the Central Business Core 2527 District receive the same treatment in this section. 2528 2529 OCEANFRONT RESORT DISTRICT 2530 FORM-BASED CODE 2531 CITY ZONING ORDINANCE APPENDIX I 2532 . . . . 2533 2534 Chapter 6. Site Development 2535 2536 Chapter 6.3. Signs. 2537 2538 6.3.1 Sign Standards 2539 2540 2541 2542 B. General Regulations Applicable to all Frontages: 2543 The following regulations shall apply to signage in the Oceanfront Resort District. In the 2544 event of a conflict between the provisions of this section and any other provision of the City 2545 Zoning Ordinance or this Code, the more restrictive provision shall apply unless expressly 2546 otherwise provided in this, or the conflicting, section. 2547 I. In General 2548 All signage shall comply with the provisions of Article 2, Part B of the City Zoning 2549 Ordinance, except as otherwise expressly provided in this section. Definitions of sign 2550 types shall be as set forth in Section 210.2 of the City Zoning Ordinance. 2551 2552 . . . . 2553 2554 4. = :•-: - ' . = :- [RESERVED] 66 2555 a. Building identification signs shall be no larger than 75 square feet in arca; provided, 2556 = - - , - • -•-: • 2557 = _. - - -- : . _ - - ..' - •:, -. _ - :- - -- == ''•-,2558 increased in arca from the maximum size otherwise allowed by 50 square feet for 2559 every 50 feet of building height in excess of 100 feet. 2560 b. The ar a by which such signs arc so increased shall not be included in the sign 2561 2562 2563 II. Marquee Signs 2564 a. Marquee signs shall be allowed only on only on buildings occupied by theaters, cinemas, 2565 performing arts facilities or similar venues, and shall have a maximum area of one 2566 square foot for each five linear feet of building facade to which it is attached. 2567 b. The top of a marquee sign shall be at a height no greater than 18 feet above the ground 2568 immediately adjacent to the sign, and there shall be a minimum clearance of nine feet 2569 above ground level. In addition, such signs may: 2570 i. Contain ene changeable copy •:- -• _ • •-: •• = -- = -_ -: • = •-, - • - 2571 music, or other similar performances or events, not to be included in the 2572 2573 commercial content; and 2574 ii. Encroach above a public sidewalk by a maximum horizontal distance of ten feet if 2575 such marquee conforms to the Oceanfront Resort District Sign Design Guidelines. 2576 2577 15. Signs Advertising Located on Property for Sale, Lease or Rent 2578 a. Signs advertising located on property for sale, lease or rent shall be permitted in all 2579 frontages; provided, however, that no such sign shall exceed four square feet in surface 2580 area. 2581 b. Not more than two signs shall be permitted for any property having more than 100 2582 feet of lot line at the street right-of-way, and any property having less than 100 feet of 2583 such lot line shall have no more than one sign not exceeding 16 feet of surface area. 2584 2585 16. Table Umbrella Signs 2586 a. Table umbrella signs shall be limited to no more than two signs on each umbrella and 2587 no more than two square feet per sign. 2588 b. No information other than the name or logo of the establishment shall be displayed on 2589 any table umbrella sign. 67 2590 F b. Table umbrella signs conforming to the Oceanfront Resort District Sign Design 2591 Guidelines shall not be included in determining the allowable signage of any 2592 establishment pursuant to Sec. 6.3.I D. 2593 2594 18. Walls Signs 2595 Wall signs shall not extend above the building wall to which they are affixed, and no wall 2596 sign shall extend more than 12 inches from the wall to which they are affixed. 2597 2598 I. C. Allowed Sign Types 2599 I. Table of Allowed Sign Types. 2600 a. In addition to those sign types specified in Section 212 211 of the City Zoning 2601 Ordinance (signs permitted in all districts), only the sign types shown designated by a 2602 "P" in the following table shall be permitted in the corresponding frontage. 2603 b. A footnote denotes that there are special provisions applicable to the type of signage 2604 associated with the footnote. 2605 c. A "--" indicates that a sign type is not allowed in the corresponding frontage. 2606 Frontage Sign Type BW SH-I SH-2 GW-I GW-2 GW-3 BE Building Identiatien 2607 . . . . 2608 2609 D. Signage Allowances 2610 2611 The regulations set forth in this section apply to all signage within the specified street frontages in the 2612 Oceanfront Resort District. In the event of a conflict between any of the following provisions and the 2613 provisions of Sec. 6.3.1 B., the provisions of this section control, except if stated otherwise. 2614 2615 I. Table of Signage Allowances. 2616 2617 a. The following table shows the signage restrictions in each of the corresponding street frontages in the 2618 Oceanfront Resort District. 2619 2620 b. Unless otherwise provided, the table specifies the restrictions for each separate business 2621 establishment. 68 2622 2623 c. A"--" indicates that a sign type is not allowed in the corresponding street frontage. 2624 2625 2626 Frontage 2627 BW SH-I SH-2 GW-I GW-2 GW-3 BE 2628 Number of signs I (2) B C 2 2 2 2 2629 2630 Number of freestanding -- I I I I I 1 2631 signs(1) 2632 2633 Total signage allowance) 10 sf D D I J L M 2634 2635 2636 Max.area wall sige 10 sf 75 sf 75 sf 75 sf 32 sf 32 sf 32 sf 2637 2638 Max.area freestanding 2639 sign' E E E E 16 sf 16sf 2640 2641 Max.area window sign 10 sf(4-) F F F F F F 2642 2643 Miscellaneous A G G,H G.H G G,H G,H 2644 2645 FOOTNOTES: 2646 2647 I. Except as otherwise specified, subject to the provisions of City Zoning Ordinance Section 214. 2648 2649 2. Allowed only for establishments having direct egress to the exterior portion of the building adjacent 2650 to the Boardwalk/Greenbelt. 2651 2652 3. Wall signs mounted at least three-fourths of the distance from ground 2653 level to the top of the building, but no higher than the roofline, may be increased in area from the 2654 maximum size otherwise allowed by 50 square feet for every 50 feet of building height in excess of 100 2655 feet. The area by which such signs are so increased shall not be included in the sign allowance of the 2656 building. 2657 2658 F. Major Entertainment Venue Signs 2659 2660 Signage for major entertainment venues other than signage allowed by regulations of the 2661 applicable frontage shall be allowed only with the approval of the City Council and shall be subject to 2662 the following requirements of Section 218:. Major entertainment venue signage allowed by the City 2663 Council shall not be subject to the Alternative Compliance provisions of this Ordinance. 2664 69 2665 I. A major entertainment venue is an establishment: 2666 2667 2668 continuous strcct frontage on at !cast one public street; 2669 2670 2671 2672 rides or other attractions typically found in amusement parks, or any combination 2673 thereof. 2674 2675 2. An application for signage other than as allowed under the regulations of the applicable 2676 frontag- . _- ._•- - _ : - -: -- : : -- ::-- : -- , : .. . - • - 2677 the written consent of the property owner, or the duly authorized agent for the property owner. 2678 Applications shall include a fee in the amount of $800.00, and the required plan as described in 2679 subsection 3. below, along with any other information required by the Planning Director. Applications 2680 shall be heard by the Planning Commission and the City Council in accordance with the procedures 2681 prescribed in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 2682 2683 - . . : - : _ - . - - - • . : : - .- 2684 location, setback, size, dimensions and height of all signs, and any other characteristics of or information 2685 pertaining to such signage deemed necessary by the Planning Director in order to adequately evaluate 2686 the proposed sign plan according to the criteria set forth subsection 5. below. Where a sign plan 2687 •- - - : _ . . : -, - : : •-: •:: •= . •• : - . •: . - - = •- • 2688 2689 a. The pixel pitch of the proposed electronic display signs; 2690 2691 -- -- . - :- ' -• - . .. ' = .nimatcd text or images, and the dwell time for 2692 each display; and 2693 2694 c. The maximum and minimum illumination level in candelas per square meter, and the times 2695 2696 2697 4. In no cas- . - - 2698 electrical service lines providing power to such signs shall be underground. 2699 2700 5. The City Council shall consider the following criteria in acting upon an application: 2701 2702 ache-extent to which the proposed signage is consistent with the intent of the Oceanfront 2703 Resort District sign regulations, as expressed in Sec. 6.3.IA.; 2704 2705 b. The extent to which the proposed signage is consistent with the recommendations of the 2706 Comprehensive Plan; 70 2707 2708 c. The extent to which the scale, color, materials, shape, illumination and landscaping of the 2709 • _ -, ' _ :. _ 2710 2711 d. The impact of the proposed signagc on traffic safety, taking into consideration the degree 2712 to which view obstructions arc created • •- - = -_, . =•=• - = = - = • - = 2713 =. . = = • • = = . - _ - , . _ _ - . -- - . - • = : • 2714 2715 c. The degree to which the proposed signagc is integrated into a unified development 2716 concept, considering the building design, other signs, landscaping, traffic circulation, and 2717 other development features of the neighboring property, the frontage in which the venue 2718 is located and the District as a whole. 2719 27202721 Alternative Compliance provisions of this Ordinance. 2722 2723 2724 COMMENT 2725 The amendments are generally of the type described in prior comments, i.e., removal of 2726 content-based descriptors regarding certain types of "identification" signs, signs advertising 2727 property for sale or lease,etc. 2728 The provisions regarding major entertainment venue signs have been replaced by a simple 2729 reference to the provisions of Section 218, which contains the pertinent regulations that are 2730 applicable to such signs in all zoning districts. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lr 46110. . _ in% Depart if Planning City Attorney's Office CA-13400 R-9 March 11, 2016 71 Applicant City of Virginia Beach Agenda Item Public Hearing March 9, 2016 Amendment to the Zoning Ordinance — Sign Regulations 1. 4 Virginia Beach Requested Ordinance Amendment An Ordinance to Amend Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 303,403, 501, 504, 605,705, 805,901,905, 1001, 1005, 1503, 1533, 2210 of the City Zoning Ordinance and Section 6.3 of the Oceanfront Resort District Form-Based. An Ordinance to Add Section 210.01 of the City Zoning Ordinance. An Ordinance to Repeal Sections 211.1, 212.1, 212.2 of the City Zoning Ordinance. Introduction On June 18, 2015,the United States Supreme Court decided the case of Reed v. Town of Gilbert. In that case,the sign regulations of the Town of Gilbert,Arizona were declared to be unconstitutional because the regulations treated certain types of signs more strictly than other types, depending on the subject matter content of the signs. The Court held that these "content-based" sign regulations may be justified only if the government proves that they are narrowly tailored to serve a "compelling state interest." Under well-settled law, sign regulations almost uniformly fall short of meeting this standard,which is the strictest of all standards under the First Amendment, and as a result,the Court declared the town's sign ordinance to be in violation of the First Amendment. Prior to the Reed decision, in many states, including Virginia, a "content-based" sign regulation was said to be the one that treated different viewpoints differently. This mean that the government could not treat different signs differently based upon its agreement or disagreement with the message displayed by a particular sign. This was the rule in Virginia under the decisions of the federal 4th Circuit Court of Appeals. As a result,the great majority of localities in Virginia, including Virginia Beach, have had sign regulations that treated different types of signs differently, depending on the subject matter of those signs, rather than any agreement or disagreement with the message displayed on a sign. Thus,for example,Virginia Beach has regulated "for sale or rent" signs based solely upon their content(i.e.,they are signs that advertise property that is for sale or rent), and regulates their size, number and other characteristics differently from,for example,temporary signs announcing grand openings. Because this disparate treatment was based only upon the subject matter of the sign, and not on any agreement or disagreement with the message on the sign,the City's sign regulations were, under the 4th Circuit's rulings, consistent with the First Amendment and, in fact,were upheld against a number of legal challenges throughout the years. The Reed case, however, changed this rule by holding that whether a particular sign regulation is content-based (and therefore will almost certainly be struck down upon challenge as not serving a "compelling state interest") is determined not by whether that regulation treats different signs differently based upon the viewpoint they express, but only upon their subject matter. Because Virginia Beach's sign regulations, along with those of most localities in Virginia and elsewhere, define certain signs by their subject matter(as shown in the example in the previous paragraph),those City of Virginia Beach Agenda Item 14 Page 1 regulations are considered to be content-based. Under the prevailing legal standard,the regulations cannot be justified as promoting a compelling state interest and must therefore be amended. Discussion of Proposed Amendments The amendments are primarily intended to replace content-based sign regulations in the CZO with regulations that are not based upon the subject matter of signs. A listing of current signs that are regulations considered to be content- based, either because they define a type of sign based upon its content or because they regulate what may be displayed on a sign, include regulations pertaining to: - building identification signs for sale or rent signs - information board signs temporary signs announcing public, charitable, etc.events - temporary signs announcing grand openings, special events,etc. temporary signs announcing civic league or HOA meetings - private traffic direction signs - political campaign signs identification signs (home occupations,etc.) construction signs sponsorship signs for public art exhibitions - roadside guide signs construction fence signs - shopping center identification signs - office/institutional park identification signs subdivision identification signs agricultural product signs - parking garage/structure signs changeable copy signs In each case,the amendments to the regulation delete references to the content of the regulated sign,and substitute content-neutral requirements. A technique that is repeated throughout the proposed ordinance as a means of conforming the regulations to the requirements of Reed is exemplified in Section 211(b)(1): in the revised section,the provisions allowing temporary signs announcing a charitable event has been replaced by language allowing temporary signs located at the site of such an event.The provisions regarding the size, number, duration and the characteristics of such signs remain the same. The result is that an entity holding a charitable event may have a temporary sign at the site of the event, but that the sign need not specifically announce the event.At the same time, however,the City's prohibition of off-site advertising (i.e., billboards) has not changed,and under the regulations as amended,the entity may not advertise an event, service or product that is not offered on the site where the sign is located, as such a sign would constitute a billboard. There are two other categories of amendment reflected in the ordinance structure. First,the regulations in the CZO that pertain to signs within the public rights-of-way or other public property have been removed from the CZO and relocated to either Chapter 3 ("Advertising")or Chapter 33 of the City Code, relating to encroachments on public property. This change was not required by the Reed case, but was made as a result of a 2014 Attorney General's Opinion that, under state law,the City may not regulate signs conveyed or towed by bicycles on public streets under the City's zoning ordinance. Under the reasoning of that opinion, it appears that other City regulations that apply to signs in the public rights-of-way or other City property should be moved to the City Code proper,where the authority to enforce such regulations appears to be stronger. The signs that are affected by this change include roadside guide signs, public art sponsorship signs (both of which types have had the content-based restrictions applicable to them deleted), motor City of Virginia Beach Agenda Item 14 Page 2 vehicle signs and signs generally in public rights-of-way. While the repeal in the CZO of these ordinances must be acted upon by the Planning Commission,their insertion into Chapter 3 or Chapter 33 is beyond the jurisdiction of, and need not be acted upon by,the Commission. They are included in the Commission's agenda, however,for informational purposes. The third category of amendment involves stylistic changes of little or no substantive effect, made primarily to improve the readability of the regulations. Recommendation The decision in Reed v. Town of Gilbert affects localities throughout the entire United States, including all localities in Hampton Roads. The proposed ordinance is intended not only to bring the City's sign regulations into conformity with the ruling in that case, but to conform to a recent Attorney General's Opinion as well. The ordinance also makes stylistic improvements to the regulations. Accordingly, it is recommended for approval by the Staff. City of Virginia Beach Agenda Item 14 Page 3 I Item#14 City of Virginia Beach An Ordinance to Amend Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 218, 234, 303,403, 501, 504, 605,705,805, 901, 905, 1001, 1005, 1503, 1533,2210 of the City Zoning Ordinance and Section 6.3 of the Oceanfront Resort District Form-Based. An Ordinance to Add Section 210.01 of the City Zoning Ordinance. An Ordinance to Repeal Sections 211.1, 212.1, 212.2 of the City Zoning Ordinance. CONSENT The amendments are primarily intended to replace content-based sign regulations in the City Zoning Ordinance with regulations that are not based upon the subject matter of signs. A listing of current signs that are regulations considered to be content-based, either because they define a type of sign based upon its content or because they regulate what may be displayed on a sign. 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 item14. Kay Wilson appeared before the Commission. it: .•P [ 4074A"lifi4 1 4 , i✓ ls. ,, � "mow CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH —An Ordinance to Amend Sections 111, 401, 501, 801, 901, 1001, 1110, 1125 and 1421 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code pertaining to Day-Care Centers and Family Day-Care Homes. MEETING DATE: April 19, 2016 ■ Background: This group of amendments to the City Zoning Ordinance pertain to Day-Care Centers and Family Day-Care Homes. Currently, the definitions of these facilities allow only for the care of children. ■ Considerations: The amendments expand the definitions of Day-Care Centers and Family Day- Care Homes to include senior citizens (age 62 or older) and disabled persons. Such facilities are not residential in nature, but provide care for only part of the 24-hour day. There is currently a growing demand for day services for senior adults and disabled adults who need care with daily activities. Staff recommends approval of the amendments and know of no opposition to the proposed changes. Further details 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 the amendments to the City Council. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• , -n' gency: Planning Departure City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 801, 901, 2 1001, 1110, 1125 AND 1421 OF THE CITY ZONING ORDINANCE 3 AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT 4 FORM-BASED CODE, AS FOLLOWS: 5 6 AMENDING THE DEFINITION OF THE TERM "FAMILY DAY - CARE 7 HOME"; 8 9 DELETING THE DEFINITION OF THE TERM "CHILD-CARE 10 CENTER"; 11 12 ADDING A DEFINITION OF THE TERM "DAY-CARE CENTER"; 13 14 REPLACING THE TERM "FAMILY CARE HOME" WITH THE TERM 15 "FAMILY DAY-CARE HOME"; 16 17 ADDING FAMILY DAY-CARE HOMES AS A CONDITIONAL USE IN 18 THE PD-H1 PLANNED UNIT DISTRICT; AND 19 20 ALLOWING DAY-CARE CENTERS AS A PRINCIPAL USE IN ALL 21 APARTMENT AND OFFICE DISTRICTS, THE B-2 COMMUNITY 22 BUSINESS DISTRICT, B-3 CENTRAL BUSINESS DISTRICT AND B-4 23 MIXED USE DISTRICT, THE PD-H2 PLANNED UNIT 24 DEVELOPMENT DISTRICT, THE RT-3 RESORT TOURIST 25 DISTRICT, THE CBC CENTRAL BUSINESS CORE DISTICT AND IN 26 THE OR OCEANFRONT RESORT DISTRICT AND AS A 27 CONDITIONAL USE IN ALL RESIDENTIAL ZONING DISTRICTS, 28 THE B-1 NEIGHBORHOOD BUSINESS DISTRICT, B-1A LIMITED 29 COMMUNITY BUSINESS DISTRICT AND B-4K HISTORIC 30 KEMPSVILLE AREA MIXED USE DISTRICT, THE I-1 LIGHT 31 INDUSTRIAL AND 1-2 HEAVY INDUSTRIAL DISTRICTS AND THE 32 OR OCEANFRONT RESORT DISTRICT 33 34 Sections Amended: City Zoning Ordinance Sections 111, 501, 801, 35 901, 1001, 1110, 1125 and 1421; Oceanfront Resort District Form- 36 Based Code Section 5.2 37 38 39 WHEREAS, the public necessity, convenience, general welfare and good zoning 40 practice so require; 1 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That Sections 111, 501, 801, 901, 1001, 1110, 1125 and 1421 of the City Zoning 45 Ordinance and Section 5.2 Oceanfront Resort District Form-Based Code are hereby 46 amended and reordained by amending the definition of the term "family day-care home," 47 deleting the definition of the term "child-care center," adding family day-care homes as a 48 conditional use in the PD-H1 planned unit district, adding a definition of the term "day- 49 care center," replacing the term "family care home" with the term "family day-care home" 50 and allowing day-care centers as a principal use in all Apartment and Office Districts, 51 the B-2 Community Business District, B-3 Central Business District and B-4 Mixed Use 52 District, the PD-H2 Planned Unit Development District, the RT3 Resort Tourist District, 53 the CBC Central Business Core District and in the OR Oceanfront Resort District and as 54 a conditional use in all Residential Districts, the B-1 Neighborhood Business District, B- 55 1A Limited Community Business District and B-4k Historic Kempsville Area Mixed Use 56 District, the I-1 Light Industrial District, 1-2 Heavy Industrial District and the OR 57 Oceanfront Resort District, to read as follows: 58 59 ARTICLE 1. GENERAL PROVISIONS 60 61 . . . . 62 63 Sec. 111. Definitions. 64 65 . . . . 66 67 68 the purpose of providing care, protection and guidance to a group of children separated 69 _ . -- - • - - - - - - • - - - -- - - - - - - - 70 71 . . . . 72 73 Day-care center. Any facility, other than a family day-care home, operated for the 74 purpose of providing care, protection and guidance during a part of the twenty-four-hour 75 day to a group of: (1) children separated from their parents or guardians; (2) adults 76 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the 77 twenty-four-hour day. 78 79 . . . . 2 80 Family day-care home. Any private family home which, as a home occupation, 81 provides care, protection and guidance during a part of the twenty-four-hour day to a 82 group of: (1) children separated from their parents or guardians; (2) adults sixty-two (62) 83 years of age or older; or (3) persons under a disability during a part of the twenty four 84 hour-day. This term shall apply only to homes in which more than four (4) men such 85 persons are received, except children persons who are related by blood or marriage to 86 persons who maintain the home or where the total number of chime such persons 87 received, including relatives, exceeds seven (7). For purposes of this definition, a 88 person is deemed to be under a disability if he or she is found by a licensed physician to 89 be unable to engage in any substantial gainful activity by reason of any medically 90 determinable physical or mental impairment or deformity which can be expected to 91 result in death or to last for the duration of such person's life. 92 93 COMMENT 94 95 The amendments: (1) redefine the term "family day-care home" to include persons sixty- 96 two years of age or older and persons under a disability; and (2) delete the current definition of 97 "child-care center" and replace it with a new term, "day-care center." The new term includes 98 persons sixty-two years of age or older and persons under a disability. 99 100 101 102 ARTICLE 5. RESIDENTIAL DISTRICTS. 103 . . . . 104 105 Sec. 501. Use regulations. 106 107 (a) Principal and conditional uses. The following chart lists those uses 108 permitted within the R-40 through R-2.5 Residential Districts. Those uses and 109 structures in the respective residential districts shall be permitted as either principal 110 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 111 indicated by an "X" shall be prohibited in the respective districts. No uses or 112 structures other than as specified shall be permitted. 113 3 114 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5R 5D 5S 2.5 Child Day- care centers and child care C C C C C C C C C C education centers in religious uses Family day- C C C C C C C C C C care homes 115 116 COMMENT 117 118 The amendments reflect the change in terminology and nature of the uses referenced in the 119 Comment to Section 111. The effect is to allow the uses shown in the above table to provide day 120 care for adults sixty-two years of age or older and disabled persons as well as for children. 121 122 . . . . 123 124 ARTICLE 6. APARTMENT DISTRICTS. 125 . . . . 126 Sec. 601. Use Regulations. 127 (a) Principal and conditional uses. The following chart lists those uses 128 permitted within the A-12 through A-36 Apartment Districts. Those uses and 129 structures in the respective apartment districts shall be permitted as either principal 130 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 131 indicated by an "X" shall be prohibited in the respective districts. No uses or 132 structures other than as specified shall be permitted. 133 4 134 Use A-12 A-18 A-24 A-36 Child Day-care P P P P centers Family day care homes, foster C C C C homes or group homes 135 136 COMMENT 137 138 The amendments reflect the change in terminology and nature of the uses referenced in the 139 Comment to Section 111. The effect is to allow the uses shown in the above table to provide day 140 care for adults sixty-two years of age or older and disabled persons as well as for children. 141 . . . . 142 ARTICLE 8. OFFICE DISTRICTS. 143 . . . . 144 Sec. 801. Use regulations. 145 146 (a) Principal and conditional uses. The following chart lists those uses 147 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 148 respective office districts shall be permitted as either principal uses indicated by a "P" or 149 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 150 prohibited in the respective districts. No uses or structures other than as specified shall 151 be permitted. 152 153 Use 0-1 0-2 154 155 . . . . 156 157 Child Day-care centers P P 158 5 159 . . . . 160 161 COMMENT 162 163 The amendments reflect the change in terminology and nature of day-care centers 164 referenced in the Comment to Section 111. The effect is to allow day care centers in the 0-1 and 0- 165 2 Office Districts to provide day care for adults sixty-two years of age or older and disabled persons 166 as well as for children. 167 168 169 170 ARTICLE 9. BUSINESS DISTRICTS. 171 172 173 174 Sec. 901. Use regulations. 175 176 (a) Principal and conditional uses. The following chart lists those uses permitted 177 within the B-1 through B-4K Business Districts. Those uses and structures in the 178 respective business districts shall be permitted as either principal uses indicated by a 179 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 180 shall be prohibited in the respective districts. No uses or structures other than as 181 specified shall be permitted. 182 183 Use 8-1 8-1A B-2 8-3 8-4 B-4C 84-K Child Day-care centers and child care education C C P P P C C centers Housing for seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; child C C X X C C C day-care centers other than covered under permitted principal uses hereinabove, provided 6 that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation 184 185 COMMENT 186 187 The amendments reflect the change in terminology and nature of day-care centers 188 referenced in the Comment to Section 111. The effect is to allow day care centers in the various 189 Business Districts, either as a principal or conditional use, as indicated above, to provide day care 190 for adults sixty-two years of age or older and disabled persons as well as for children. 191 192 . . . . 193 194 ARTICLE 10. INDUSTRIAL DISTRICTS. 195 196 . . . . 197 198 Sec 1001. Use regulations. 199 200 (a) Principal and conditional uses. The following chart lists those uses 201 permitted within the I-1 and 1-2 Industrial Districts. Those uses and structures in the 202 respective industrial districts shall be permitted as either principal uses indicated by a 203 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 204 shall be prohibited in the respective districts. No uses or structures other than as 205 specified shall be permitted. 206 207 Use 1-1 1-2 208 . . . . 209 210 Child Day-care and child care education centers C C 211 212 . . . . 213 7 214 COMMENT 215 216 The amendments reflect the change in terminology and nature of day-care centers 217 referenced in the Comment to Section 111. The effect is to allow day care centers in the I-1 and I-2 218 Industrial Districts to provide day care for adults sixty-two years of age or older and disabled 219 persons as well as for children. 220 221 . . . . 222 223 ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS. 224 225 A. PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT 226 227 Sec. 1110. Land use regulation. 228 229 (d) Within a PD-H1 District, the following uses shall be allowed as conditional 230 uses: 231 . . . . 232 233 (2) Family day care homes; 234 . . . . 235 COMMENT 236 237 The amendments reflect the change in terminology and nature of day-care centers 238 referenced in the Comment to Section 111. The effect is to allow day care centers in the PD-Hl 239 Planned Unit Development District to provide day care for adults sixty-two years of age or older 240 and disabled persons as well as for children. 241 242 243 B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 244 245 Within the PD-H2 District, only the following uses and structures shall be 246 permitted: 247 248 (a) Principal uses and structures. 249 . . . . 250 (5) Child Day-care centers, provided that such uses shall not be 251 eligible for residential density credit; 8 252 . . . . 253 254 (c) Conditional uses. 255 . . . . 256 257 (2) Family day care homes; foster homes and group homes, provided 258 that such uses shall not be eligible for residential density credit; 259 . . . . 260 COMMENT 261 262 The amendments reflect the change in terminology and nature of the uses referenced in the 263 Comment to Section 111. The effect is to allow day-care centers and family day-care homes in the 264 PD-H2 Planned Unit Development District to provide day care for adults sixty-two years of age or 265 older and disabled persons as well as for children. 266 267 ARTICLE 15. RESORT TOURIST DISTRICTS 268 269 . . . . 270 271 C. RT-3 RESORT TOURIST DISTRICT 272 . . . . 273 274 Sec. 1521. Use regulations. 275 276 (a) The following chart lists those uses permitted within the RT-3 Resort 277 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 278 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 279 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached 280 dwellings, buildings within the RT-3 District may include any principal or conditional 281 uses in combination with any other principal or conditional use. No uses or structures 282 other than those specified shall be permitted. All uses, whether principal or conditional, 283 should to the greatest extent possible adhere to the provisions of the Special Area 284 Design Guidelines (Urban Areas) set forth in the Reference Handbook of the 285 Comprehensive Plan. 286 9 287 Use RT-3 288 . . . . 289 Child Day-care and child care education 290 centers P 291 292 COMMENT 293 294 The amendments reflect the change in terminology and nature of day-care centers 295 referenced in the Comment to Section 111. The effect is to allow day care centers in the RT-3 296 Resort Tourist District to provide day care for adults sixty-two years of age or older and disabled 297 persons as well as for children. 298 299 .. . . 300 301 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT 302 . . . . 303 B. DEVELOPMENT REGULATIONS 304 Sec. 2203. Use regulations. 305 (a) The following chart lists those uses permitted within the Central Business 306 Core District. Uses and structures shall be allowed either as principal uses, indicated by 307 a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 308 shall be prohibited, unless allowed by special exception for Alternative Compliance 309 pursuant to Section 2205. No uses or structures other than as specified herein or as 310 allowed pursuant to subsection (b) shall be permitted. 311 312 Use CBC 313 314 Child Day-care and child care education 315 centers P 316 317 . . . . 318 10 319 COMMENT 320 321 The amendments reflect the change in terminology and nature of day-care centers 322 referenced in the Comment to Section 111. The effect is to allow day care centers in the CBC 323 Central Business Core District to provide day care for adults sixty-two years of age or older and 324 disabled persons as well as for children. 325 326 327 328 Oceanfront Resort District Form-Based Code 329 330 (APPENDIX 1 TO CITY ZONING ORDINANCE) 331 332 333 Chapter 5. Use 334 335 Sec. 5.1. General Provisions 336 5.1.1 Permitted Uses 337 338 The permitted use table identifies uses allowed by building type. The key for the use 339 table is set forth below. 340 341 A. Permitted Use (P) 342 Indicates that the use is permitted by right. 343 344 B. Limited Use (L) 345 Indicates that the use, while permitted by right unless otherwise specified, must meet 346 the applicable use standard. 347 348 C. Conditional Use (C) 349 Indicates that the use requires approval as a conditional use before it is allowed. Use 350 standards may also apply. 351 352 D. "--" 353 Indicates that a use is not permitted. 354 355 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by 356 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 357 11 358 359 COMMENT 360 361 The section is shown for reference purposes only. 362 . . . . 363 364 SEC. 5.2. PERMITTED USE TABLE 365 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes COMMERCIAL 366 367 . . . . 368 Ci1ilE1 Day-care, child care -- education 369 370 . . . . 371 COMMENT 372 373 The amendments reflect the change in terminology and nature of day-care centers 374 referenced in the Comment to Section 111. The effect is to allow day care centers in the ORD 375 Oceanfront Resort District to provide day care for adults sixty-two years of age or older and 376 disabled persons as well as for children in mixed-use buildings,commercial buildings,and detached 377 houses. 378 379 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 380 , 2016. 381 382 383 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENt : 384 385 • 386 A ' Aft ANA e_ 387 Pla Hing peps ment City Attorney's Office 388 389 CA-13396 390 January 11, 2016 391 R-2 12 Applicant City of Virginia Beach Public Hearing March 9, 2016 Agenda Iter, Amendment to the Zoning Ordinance — Family Day-Care ��,,,,,,, Homes 1 3 Virginia Beach Requested Ordinance Amendment An Ordinance to Amend Sections 111,401, 501, 801,901, 1001, 1110, 1125 and 1421 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code. Summary of Amendment This group of amendments to the City Zoning Ordinance pertain to Day-Care Centers and Family Day-Care Homes.The definitions of both are expanded to include not only children, but also senior citizens(age 62 and older) and disabled persons.Such facilities are not residential in nature, but provide care for only a part of the 24-hour day. Day-Care Centers are a Conditional Use in the Residential Districts;the B-1, B-1A,and the B4-K Business Districts;the I-1 and 1-2 Industrial Districts; and the PD-H2 Planned Unit Development District. Day-Care Centers are a Permitted Use in the Apartment Districts;the B-2, B-3 and B-4 Business Districts;the RT-3 Resort Tourist District;the CBC Central Business Core District; and in the ORD Oceanfront Resort District Form-Based Code. Family Day-Care Homes,where more than four persons are cared for, are allowed as Conditional Uses in all the Residential Districts;the Apartment Districts; and the PD-H1 and PD-H2 Planned Unit Development Districts. Recommendation There is currently a growing demand for day services for seniors and disabled adults who need social enrichment and assistance with daily activities. Such services for senior adults and disabled adults have a similar land use impact to Child Care Centers.The amendments expand the definitions of"Day-Care Center" and "Family Day-Care Home"to include persons age 62 and older and persons with a disability.The revised land use categories are designated as Permitted Uses or Conditional Uses in each zoning district, in keeping with the current designations for Child Care Centers and Family Day Care Homes for children only.The amendments are recommended for approval. Item#13 City of Virginia Beach An Ordinance to Amend Sections 111,401, 501, 801, 901, 1001, 1110, 1125 and 1421 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code March 9, 2016 CONSENT This group of amendments to the City Zoning Ordinance pertain to Day-Care Centers and Family Day- Care Homes.The definitions of both are expanded to include not only children, but also senior citizens (age 62 and older)and disabled persons. Such facilities are not residential in nature, but provide care for only a part of the 24-hour day. Day-Care Centers are a Conditional Use in the Residential Districts; the B-1, B-1A, and the B4-K Business Districts;the I-1 and 1-2 Industrial Districts; and the PD-H2 Planned Unit Development District. Day-Care Centers are a Permitted Use in the Apartment Districts; the B-2, B-3 and B-4 Business Districts;the RT-3 Resort Tourist District;the CBC Central Business Core District; and in the ORD Oceanfront Resort District Form-Based Code. Family Day-Care Homes,where more than four persons are cared for, are allowed as Conditional Uses in all the Residential Districts;the Apartment Districts;and the PD-H1 and PD-H2 Planned Unit Development Districts. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 13. 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 13 for consent. Karen Lasley appeared before the Commission. ir1,1�o gTy i�,t i. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH- An Ordinance to Amend and Reordain Section 506 of the City Zoning Ordinance, Adding a New "Figure 2-Roof Dormer Diagram." MEETING DATE: April 19, 2016 • Background: In November of 2015, City Council adopted an amendment to Section 506 of the City Zoning Ordinance called the North End Overlay District. The North End Overlay District allows a duplex property zoned R-5R— Residential Resort District to be developed with two detached single-family dwellings subject to specified design standards. • Considerations: The amendment currently before the City Council adds "Figure 2. Roof Dormer Diagram" to Section 506. The diagram was inadvertently omitted from the original ordinance. The diagram helps clarify the requirements for dormers on dwellings developed under the North End Overlay District and the amendment is recommended for approval by staff. Staff knows of no opposition to this amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendment to the City Council. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De•: - - . . •ency: Planning Departm 10. 4,.. II City Manager: it I 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 506, OF THE CITY ZONING ORDINANCE, ADDING A NEW 3 "FIGURE 2 — ROOF DORMER DIAGRAM" 4 5 Section Amended: City Zoning Ordinance Section 506 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That Section 506 of the City Zoning is hereby amended and reordained by the 15 addition of a new "Figure 2 — Roof Dormer Diagram," to read as follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS 18 19 . . . . 20 21 Sec. 506. North End Overlay District. 22 23 . . . . 24 25 (c) Special regulations for development. Permitted uses and structures and 26 dimensional requirements for uses and structures located within the North End Overlay 27 District shall be as specified in Sections 501 and 502, respectively; provided, however, 28 that two single-family dwellings may be located on a single lot if the following standards 29 are met: 30 31 (1) Dimensional requirements generally. Unless otherwise specified 32 herein or in subsection (d), dimensional requirements shall be 33 those applicable to duplex dwellings in the R-5R Residential District 34 [Section 502 (b1)]; 35 36 (2) Building separation. There shall be a minimum separation of 37 sixteen (16) feet between dwellings on the lot. Such space shall be 38 unencumbered by any structures or improvements, other than 39 fences, greater than sixteen (16) inches in height above ground 40 elevation; 41 42 (3) Height. No dwelling shall be greater than thirty-five (35) feet or two 43 and one-half (2-1/2) stories in height, as measured from the lowest 44 grade within six (6) feet of the building perimeter to the highest 45 point of the building. Building walls shall be a maximum of twenty- 46 five (25) feet high, as measured from the lowest grade within six (6) 47 feet of the building perimeter to the primary roof rafter bearing 48 point. Roof dormers, if any, shall conform to the dimensions and 49 design shown on Building Massing Diagram 1—(Figure 1) and Roof 50 Dormer Diagram (Figure 4 2) 51 52 . . . . 53 FIGURE 2. ROOF DORMER DIAGRAM 6.00' 4.00' MIN. 4.00' MIN. / / LENGTH OF DORMER /LEAR f LENGTH OF DORMER f / MIN. DORMERS IN THE'DORMER ZONE MUST CONFORM WITH THIS DIAGRAM.THE LENGTH OF A SINGLE DORMER MAY NOT EXCEED 1/3 OF THE LENGTH OF THE WALL BELOW.THE TOTAL LENGTH OF ALL DORMERS ON A SINGLE ELEVATION MAY NOT EXCEED 2/3 OF THE LENGTH OF THE WALL BELOW THEM. 54 55 . . . . 56 57 COMMENT 58 59 The amendment adds a "Figure 2. Roof Dormer Diagram" to Section 506, which diagram 60 was omitted from the original ordinance adopted by the City Council in November 2015. 61 62 2 63 64 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 65 , 2016. 66 67 68 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 69 70 ` 71 1 ' 72 iff APPA L1 73 De•=rtment o"Planning City ttorney's Office 74 75 76 77 CA-13560 78 January 20, 2016 79 R-1 3 Applicant City of Virginia Beach Public Hearing March 9, 2016 Agenda Item Amendment to the Zoning Ordinance — Roof Dormer crry�r Diagram 12 Virginia Beach Requested Ordinance Amendment An Ordinance to Amend and Reordain Section 506,of the City Zoning Ordinance,Adding a New"Figure 2—Roof Dormer Diagram". Summary of Amendment In November of 2015, City Council adopted the North End Overlay District which allows a duplex property zoned R-5R— Residential Resort District to be developed with two detached single-family dwellings subject to specified design standards.This amendment adds"Figure 2. Roof Dormer Diagram"to Section 506.The diagram was inadvertently omitted from the original ordinance. Recommendation Approval of this amendment to add Figure 2 to the North End Overlay District is recommended for approval.The Roof Dormer Diagram helps clarify requirements for dormers on dwellings developed under the North End Overlay District. Item#12 City of Virginia Beach An Ordinance to Amend and Reordain Section 506,of the City Zoning Ordinance,Adding a New"Figure 2 —Roof Dormer Diagram". March 9, 2016 CONSENT This amendment adds"Figure 2. Roof Dormer Diagram"to Section 506.The diagram was inadvertently omitted from the original ordinance. 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. Karen Lasley appeared before the Commission. L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —Plumbing/Mechanical HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/05/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y L N A O O O R S 0 R EEENS NM I 00 T R Y S E S DS NND CITY MANAGER'S BRIEFINGS A. FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET) 1. Economic Vitality a. Agriculture David Trimmer, Director b. Convention Visitor Bureau J.Cliff Myers, Director- Administration c. Economic Development/Biomed Warren D.Harris, Director d. Housing/Neighborhood Andrew Friedman, Preservation Director 2. Safe Community a. Commonwealth's Attorney Colin Stolle b. Sheriff Ken Stolle c. Courts/Court Support Cancelled d. Clerk of Circuit Court Cancelled e. Emergency Communications Stephen C.Williams, Director f. EMS Edward M.Brazle, Interim Chief g. Fire Steven R.Cover, Chief h. Police James A.Cervera, Chief 3. Light Rail Extension MOU/CTB David L.Hansen,City Resolution Manager 11/III/IV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI SESSION A-E VI.F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL / FORMAL SESSION March 15,2016 VI.G FORMAL SESSION AGENDA CONSENT AGENDA CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/05/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS H L W O Y L N A O O O R S 0 R EE EN S NM 1 00 T R Y S E S DS NND VI.H PUBLIC HEARINGS 1.LIGHT RAIL MOU/HRT and DRPT 59 Speakers Authorization/Bid Proposals 2. DECLARATION/CONVEYANCE No Speakers of EXCESS City Property— BIOMEDICAL PARK V1.1.1 Ordinance to AMEND an Ordinance re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y COG CONSENT VI.1.2a Ordinance to AMEND the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re charitable organizations/second CONSENT hand dealers V1.1.2b Ordinance to AMEND the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re hotel registries CONSENT V1.1.2c Ordinance to AMEND the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re time restriction for tethering dogs CONSENT V1.1.3 Ordinance to AUTHORIZE the City ADOPTED 9-2 Y N Y Y Y N Y Y Y Y Y Manager to: a.EXECUTE a MOU re Light Rail b.HRT to SUBMIT application to DPRT for funding/procurement of Light Rail vehicles c.EXECUTE a binding Agreement between the City/DRPT re procurement of Light Rail vehicles d.ISSUE a notice to proceed or direct HRT to issue a notice to proceed re purchase of Light Rail vehicles e. COMMENCE a procurement process for a design-build contract by December 31,2016 VI.1.4 Resolution to REDIRECT revenues REMOVED AFTER AFFIRMATIVE VOTE OF MOU within the Multi-Modal Fund to roadways(Requested by Councilman John Moss) V1.1.5 Ordinance to DECLARE City property ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCESS/AUTHORIZE transfer to CONSENT the Development Authority for a proposed BIOMEDICAL PARK V1.I.6 Ordinance re the 2016 Housing Choice ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Voucher Agency Plan/AUTHORIZE CONSENT City Manager to SUBMIT the Plan to the U.S.Department of Housing/Urban Development(HUD) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/05/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A 0 0 OR S 0 R E E EN SNM I 0 0 T R Y S EIS DS NND VI.1.7 Resolution to APPOINT Gregory D. ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Surber Assistant City Attorney CONSENT V1.1.8 Resolution to RENAME 409 Birdneck ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Circle"Pathways Center at Birdneck" CONSENT V1.1.9a Ordinance to ACCEPT/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE:$20,000 re HazMat CONSENT Team/ local grant match VI.1.9b Ordinance to ACCEPT/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE:$41,066 from CONSENT Virginia Criminal Justice Services for the Victim Witness program/ Commonwealth's Attorney VI.I.9c Ordinance to ACCEPT/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE:$440 from the Fire CONSENT Gift Fund to Fire Stations 5/16 VI.J.1 ASHDON BUILDERS,INC./ESTATE DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y OF BERTHA H.CAFFEE et al COZ APRIL 19,2016 BY AG-2 to R-10 at 2344 Princess Anne CONSENT T Road DISTRICT 7—PRINCESS ANNE A N E D VI.J.2 TASTE UNLIMITED,LLC MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers to allow parking PROFFERS BY at 4097 Shore Drive.DISTRICT 4— CONSENT BAYSIDE VI.J.3 TRUSTEES OF NEW LIFE APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y PRESBYTERIAN CHURCH CONSENT Modification of Conditions to CUP re religious use at 3312 Dam Neck Road (approved December 10, 1984) DISTRICT 3—ROSE HALL VI.J.4 TAYLOR FARMS LAND CO.,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a CUP re CONDITIONED BY borrow pit at 2297 Harpers Road CONSENT (approved March 22,2011)DISTRICT 6 BEACH VI.J.5 NADER C.VASDIKI HOLLAND APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y PLAZA SHOPPING CENTER,LLC CONSENT for a CUP re indoor recreation at 4318 Holland Plaza Shopping Center DISTRICT 3—ROSE HALL VI.J.6 AUTO/EXPORT,INC./J&J APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SHIKELLAMY,LLC CUP re auto CONDITIONED BY repair/bulk storage at 569 Central CONSENT Drive DISTRICT 6—BEACH VI.J.7 SUE DAVIS,TRUSTEE OF THE APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FRANKLIN L.COX RREVOCABLE CONSENT TRUST COZ from I-1 to B-1A at 5775 Princess Anne Road DISTRICT 2— KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/05/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R E E ENSNMI 00 T R Y S E S D S N N D VI.K APPOINTMENTS RESCHEDULED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACHES and WATERWAYS CONSENSUS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS HISTORIC PRESERVATION COMMISSION AUDIT COMMITTEE Sharon L.Brown 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed 3-yr term: 6/1/16-5/31/19 CLEAN COMMUNITY COMMISSION Appointed 3-yr term: 11-0 Y Y Y Y Y Y Y Y Y Y Y 4/1/16—3/31/19 Debra Greenfeld Reappointed 3-yr term: 4/1/16—3/31/19 Larry Banks Daniel Baxter Nancy Degges Scott Kellam HEALTH SERVICES ADVISORY Appointed 2-yr term: 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD 4/1/16—3/31/18 Sheila Magula Reappointed Cheryl Davidson Jennifer Kreiser Sabrina Rinaldo Victoria Stasnick Ted M.Kubicki Thomas B.Thames II HUMAN RIGHTS COMMISSION Appointed 3-yr term: 11-0 Y Y Y Y Y Y Y Y Y Y Y 4/1/16—3/31/19 Frances Compton Reappointed 3-yr term: 4/1/16—3/31/19 Vivian E.Blaize William C.Rice Luis Rivera Tersea Stanley Rabbi Israel Zoberman OPEN SPACE ADVISORY Appointed 3-yr term: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE 6/1/16—5/31/19 Dane Blythe Reappointed 3-yr term: 6/1/16—5/31/19 Robert Cantrell Jeremy Johnson Joseph F.Walton PLANNING COUNCIL Amelia Ross-Hammond 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed 1-yr term: 4/1/16-3/31/17 TOWING ADVISORY BOARD MPO James E.Price 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappointed 3-yr term: 6/1/16-5/31/19 VI.L/M/ ADJOURNMENT 9:13 P.M. N CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/05/2016 PAGE: 5 A - ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MS U I P DN OK MM S H L W O Y L N A 0 0 OR S 0 R E E EN S NM I 0 0 T R Y S E S DS NND PUBLIC COMMENT 9:13—9:21 P.M. 4 Speakers