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HomeMy WebLinkAboutMAY 17, 2016 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GOA•BEA C MAYOR WILLIAM D.SESSOMS JR.,At Large VICE MAYOR LOCI/S R.JONES,Bayside-District-I O� `� M.BENJAMIN DAVENPORT At Large / %'2. ROBERT M.DYER.Centerville-District I BARBARA M.HEATEr Y Princess Anne District 7 : ,xy ""✓ SHANNON DS KANE,Rose Hall--District 3 �b' .+ JOHN D.MOSS,At Large -4:1 F% :� AMELIA ROSS-HAMMOND,Kempsville-District 2 `" JOHN E. (IHRIN,Beach District 6 oN5 a ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE ('Dy MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 (TTY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 (77T AUDITOR I.YNDONS.REMIAS 17 May2016 E-MAIL:Ctycncl(ct)vbgov.corn CITY CLERK RUTH HODGES ERASER,MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 4:00 PM A. MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) ANNUAL UPDATE Rear Admiral Mark Gemmill II. CITY MANAGER'S BRIEFING A. 2015 STRIVING FOR EXCELLENCE REPORT David L. Hansen, City Manager B. RESORT PARKING— Current Strategy and Implementation Douglas L. Smith, Deputy City Manager Mike Eason, Resort Administrator C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION J. ORDINANCES/RESOLUTIONS 1. Resolution to EXTEND Cox Cable's Franchise until the earlier date of May 23, 2017, or the date on which the Franchise is to be renewed. 2. Virginia Department of Transportation (VDOT): a. Resolution requesting VDOT accept additional streets for Urban Maintenance. b. Resolution requesting VDOT accept corrections to the Road Inventory for Urban Maintenance. c. Ordinance to ACCEPT and APPROPRIATE $997,761 State funding for Roadway Maintenance. 3. Ordinance to AUTHORIZE acquisition of 1515 and 1609 Centerville Turnpike in fee simple for the right-of-way and utilities for the Phase II project, either by agreement or condemnation. 4. Ordinance (1)to AUTHORIZE documents for Phase VI of the Town Center project and (2) DIRECT the City Manager to execute supporting documents. 5. Ordinances re EXCESS CITY PROPERTY a. 1536 and 1540 Indiana Avenue and AUTHORIZE City Manager to sell same to Cashvan Homes, LLC. b. AUTHORIZE the City Manager to sell to Bishard Homes, LLC.: (1) 1551, 1555 and 1559 Michigan Avenue (2) 1820/1822, 1824/1826, 1828/1830, 1837/1839, 1841/1843, 1848/1850 and 1852/1854 Ego Drive 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $275,938 from the Virginia Department of Environmental Quality to Stormwater Quality Enhancements II b. Funds within the Tourism Investment Program Special Revenue Fund to replace and repair Holiday Light displays. K. PLANNING 1. 3590 Holland Road - DISTRICT 3 —ROSE HALL a. HARDEE REALTY CORPORATION Change of Zoning from B-1 Neighborhood Business District to B-2 Community Business District b. FOLK CITY TATTOO, LLC HARDEE REALTY CORPORATION Conditional Use Permit re Tattoo Parlor RECOMMENDATION: APPROVAL 2. 5668 INDIAN RIVER RD, LLC 16, LLC Conditional Use Permit re car wash at 5668 Indian River Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. CITY OF VIRGINIA BEACH Change of Zoning from B-4 Mixed Use District to P-1 Preservation District at 2272 Old Pungo Ferry Road for a Public Park DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Ordinance to ADOPT the Comprehensive Plan - It's Our Future: A Choice City, 2016, including the Policy Document, Technical Report, Reference Handbook and all Plans incorporated by reference which will supersede the 2009 Comprehensive Plan. L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC 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 ****************************** 05/17/1.6 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL cNtA BEgc MAYOR WILLIAM D SESSOMS,.IR Al-Large � �L VICE MAYOR LOUIS R.JONES,Bayside-District 4 <4\,•:1745‘- M.BENJAMIN DAVENPORT At Large ✓I y ROBERT M.DYER Centerville District I (j I y BARBARA M HENLEY Princess Anne-District 7 SHANNON DS KA.NE,Rose Hall District 3 • JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 20. ',o+` JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 240/COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN PHONE.'(757)385-4303 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN (17'Y AUDITOR I.YNDONS.REMIAS 17 May 2016 E-MAIL:Clycncl@vbgov.coin CITY CLERK RI!TH HODGI S FRASER,MMC y MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 4:00 PM A. MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) ANNUAL UPDATE Rear Admiral Mark Gemmill II. CITY MANAGER'S BRIEFING A. 2015 STRIVING FOR EXCELLENCE REPORT David L. Hansen, City Manager B. RESORT PARKING—Current Strategy and Implementation Douglas L. Smith, Deputy City Manager Mike Eason, Resort Administrator C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW i f � V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I I I it VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Bishop Fred E. Hill, D. D. Emmanuel Way of the Cross Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/FORMAL SESSION April 19 SPECIAL FORMAL SESSION April 21 SPECIAL FORMAL SESSION April 26 INFORMAL/FORMAL SESSION May 3 SPECIAL FORMAL SESSION May 10 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) Youth Volunteers 2. FINANCE ACCREDIDATION AWARD Taylor Adams, Purchasing Agent I. PUBLIC HEARINGS 1. Centerville Turnpike—Phase II acquisition by condemnation or agreement re: a. Rahn A. McLawhorn property b. Terrianne C. and Bernice Gilchrist property 2. Excess City Property: a. 1551, 1555 and 1559 Michigan Avenue b. 1536 and 1540 Indiana Avenue c. 1820/1822, 1824/1826, 1828/1830, 1837/1839, 1841/1843, 1848/1850 and 1852/1854 Ego Drive 3. Cox Communications Cable Franchise extension. g�! LVt Kw�V�J ♦VW PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 17,2016 at 6:00 p.m.,in the Council Chamber of the City Hall (Building#1)at the Virginia Beach Municipal Center,Virginia Beach, Virginia for the proposed acquisition,by agreement or condemnation,of certain properties necessary for the Centerville Turnpike-Phase II Project,CIP 2-409(the"Project"),as follows: PARCEL OWNER GPIN NUMBER 12 Rahn A.McLawhorn,Trustee of The 1455-75-3512 Rahn A.McLawhorn Revocable Trust dated April 20,2007 08 Terrianne C.&Bernice Gilchrist 1455-74-4735 The plans for the Project entitled: "CENTERVILLE TURNPIKE-PHASE II, CIP 2-409"show the above properties as total acquisitions and are on file in the Public Works Department,Engineering Division,Building#2 at the Municipal Center. The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for the above properties. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired,call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Off e Real Estate, Building#2, Room 392, at the Municipal Center,( 7) 385-4161. Ruth Hodges F ,MMC Ity Clerk BEACON: MAY 8,2016 PUBUC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of City-owned property, Tuesday, May 17, 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 properties are located at 1551,1555 and 1559 Michigan Avenue (GPINS 2407-95-7411; 2407-95-6358; and 2407-95- 53783 vacant lots on Michigan Avenue known as GPINS 2407-95- 7348; 2407-95-6385 and 2407- 95-6325;1536 and 1540 Indiana Avenue(GPINS 2407-94-9909 and 2407-94-8956); 1820/1822, 1824/1826 and 1828/1830 Ego Drive(GPIN5 2407-64-2895,2407- 64-2840 and 2407-64-1867); 1837/1839 and 1841/1843 Ego Drive (GPINS 2407-64-0649 and 2407-64-0603); and 1848/1850 and 1852/1854 Ego Drive(GPINs 2407-54-8749 and 2407-54- 7874).The purpose of this hearing will be to obtain public input to determine whether these properties should be declared to be in"excess of the City's needs". If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center, or call (757) 385-4161. Ruth Hodges Fraser,M City Cie BEACON: May 8,2016 e se" NOTICE OF PUBLIC HEARING On Tuesday,May 17,2016,at 6:00 p.m., in the Council Chambers of the City Hall Building, 2401 Courthouse Drive,Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING concerning the proposed extension of the cable franchise held by Cox Communications Hamptons Roads, LLC ("Cox"). The current franchise expires on May 23,2016,and Cox has requested an extension of such franchise to the earlier of May 23, 2017 or the date on which the franchise is renewed.All other provisions of the franchise will remain in effect during the extension period. 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 only 385-4305(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the City Attorney's Office at(757)385-4531. Ruth Hodges Fraser,MMC City Clerk BEACON:MAY 8,2016 J. ORDINANCES/RESOLUTIONS 1. Resolution to EXTEND Cox Cable's Franchise until the earlier date of May 23, 2017, or the date on which the Franchise is to be renewed. 2. Virginia Department of Transportation (VDOT): a. Resolution requesting VDOT accept additional streets for Urban Maintenance. b. Resolution requesting VDOT accept corrections to the Road Inventory for Urban Maintenance. c. Ordinance to ACCEPT and APPROPRIATE $997,761 State funding for Roadway Maintenance. 3. Ordinance to AUTHORIZE acquisition of 1515 and 1609 Centerville Turnpike in fee simple for the right-of-way and utilities for the Phase II project, either by agreement or condemnation. 4. Ordinance (1) to AUTHORIZE documents for Phase VI of the Town Center project and (2) DIRECT the City Manager to execute supporting documents. 5. Ordinances re EXCESS CITY PROPERTY a. 1536 and 1540 Indiana Avenue and AUTHORIZE City Manager to sell same to Cashvan Homes, LLC. b. AUTHORIZE the City Manager to sell to Bishard Homes, LLC.: (1) 1551, 1555 and 1559 Michigan Avenue (2) 1820/1822, 1824/1826, 1828/1830, 1837/1839, 1841/1843, 1848/1850 and 1852/1854 Ego Drive 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $275,938 from the Virginia Department of Environmental Quality to Stormwater Quality Enhancements II b. Funds within the Tourism Investment Program Special Revenue Fund to replace and repair Holiday Light displays. [. "----.7 e 1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Extend Cox Cable Franchise to the Earlier of May 23, 2017 or the Date on Which the Franchise is Renewed MEETING DATE: May 17, 2016 • Background: The City's current cable franchise with Cox Communications Hampton Roads, LLC (Cox) expires on May 23, 2016. The City has been conducting a public needs assessment concerning the renewal of such franchise and has been engaged with Cox in negotiations; the needs assessment and negotiations cannot, however, be concluded prior to the expiration date of the current franchise. Accordingly, Cox has requested an extension of the term of the current franchise to the earlier of May 23, 2017 or the date on which the franchise is renewed, under the same terms and conditions set forth in the franchise. • Considerations: The resolution extends the term of the current Cox Cable franchise to the earlier of May 23, 2017 or the date on which the franchise is renewed. The terms and conditions are unchanged during the extension period, and there will be no effect on Cox's cable customers except to ensure continued cable TV service during the extension period. • Public Information: A public hearing will be held on May 17, and a public notice appeared in the Virginia Beach Beacon on May 8. A copy of the agreement to extend the franchise will be on file and available for public inspection at the City Attorney's Office. • Recommendations: Adoption of resolution to extend current franchise term. • Attachments: Agreement between City and Cox Communications Hampton Roads, LLC. Recommended Action: Adoption of resolution Submitting D- • .rtm• , - _ - cy: Dept. of Communications and Information Technology Mme, City Managerliphh 1 A RESOLUTION EXTENDING THE CURRENT TERM OF THE 2 CITY'S COX CABLE FRANCHISE UNTIL THE EARLIER OF 3 MAY 23, 2017 OR THE DATE ON WHICH THE FRANCHISE IS 4 RENEWED. 5 6 7 WHEREAS, City's current cable franchise with Cox Communications Hampton 8 Roads, LLC (Cox) expires on May 23, 2016; and 9 10 WHEREAS, the City has been conducting a public needs assessment 11 concerning the renewal of such franchise and has been engaged with Cox in 12 negotiations to that end: and 13 14 WHEREAS, the said needs assessment and negotiations cannot be concluded 15 prior to the expiration date of the current franchise; and 16 17 WHEREAS, Cox has requested an extension of the term of the current franchise 18 to the earlier of May 23, 2017 or the date on which the franchise is renewed, under the 19 same terms and conditions set forth in the franchise; and 20 21 WHEREAS, the requested extension will not affect Cox's customers, except to 22 allow them to continue to receive cable service from Cox; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized and directed to execute, on behalf of 28 the City, the agreement entitled "Amendment of Cable TV Franchise Agreement," dated 29 April 11, 2016, by and between the City of Virginia Beach and Cox Communications 30 Hampton Roads, LLC, which agreement is appended hereto and a copy thereof is on 31 file and available for public inspection in the Office of the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 34 day of , 2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: AO( 1 Communications d Information City Attorney's Office Technology AMENDMENT OF CABLE TV FRANCHISE AGREEMENT COX COMMUNICATIONS HAMPTON ROADS, LLC THIS AMENDMENT AGREEMENT(the 'Amendment Agreement') dated this day of 2016 is by and between Cox Communications Hampton Roads, LLC ("Grantee")and the City of V irginia Beach, Virginia, a municipal corporation("City"). The City and Grantee may be collectively referred to as the"Parties." WHEREAS,the City granted a cable communication franchise("Franchise")to Cox Communications Hampton Roads, LLC;and WHEREAS,the Franchise became effective on May 23, 2006; and WHEREAS,Section 4 .04 of the Franchise provides that the term of the Franchise will expire May 23, 2 016, 10 years from and after the effective date of May 23, 2 00 6; and WHEREAS,the Grantee has requested a renewal of the Franchise and the Grantee and, City have been engaged in renewal negotiations,but have been unable to reach an agreement; and WHEREAS,the Grantee and City desire to obtain an extension of the Franchise term to allow additional time to finalize the terms and conditions of a negotiated franchise renewal agreement; and WHEREAS,neither the City nor the Grantee are seeking any m ate r i a l modifications or changes to the requirements of the Franchise. NOW, THEREFORE,for and in consideration of the mutual promises, covenants, and other valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. The Franchise is hereby amended by deleting Section 4.04 of the Franchise in its entirety and replacing it with the following: The term of the Franchise to be granted by the City pursuant to this Ordinance shall expire the earlier of May 23, 2017 or when the existing Franchise is renewed, whichever shall first occur. 2. Except as specifically modified hereby,the Franchise shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment Agreement to be executed by their respective duly authorized representatives. COX COMMUNICAITON' •MPTON ROADS, LLC: B 411,Y� JD.Myers,II 1 SesiorVicePtesideutzmdlteglontamapr II • COMMONWEALTH OF VIRGINIA.,CITY OF CHESAPEAKE, to wit: • On this tithday of Ppri t , 2016, Olt). A\. ir6 , L+ of Cox Communications Hampton Roads, LLC, personally appeared before me,manna L Pet) , a Notary Public, and acknowledged the foregoing instrument bearing the date of Donna L.Pell �• �1T1I �77A � Commonwealth of Virginia fp, � Notary Public ^,tl Commission No.299342 Notary Public al.�q 344,9 •V,".^VA:e My Commission Explre®1113012016 M‘f C0mrn1s5'on e4-pirf5: (\km/0nlOer 301aOl(o CITY OF VIRGINIA BEACH, VIRGINIA By: ATTEST: COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to wit: On this day of ,2016, of City of Virginia Beach, personally appeared before me, , a Notary Public, and acknowledged the foregoing instrument bearing the date of Notary Public 2 Num O b CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: May 17, 2016 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 18, 2015, which stated the FY16 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $11,719 per lane mile, and arterial streets will be reimbursed at $19,958 per lane mile. • Considerations: The first resolution requests the addition of newly constructed streets in the amount of 2.85 lane miles, which will be eligible for urban maintenance funds beginning July 1, 2016. All 2.85 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $33,399.15 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 8.76 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 12.50 lane miles of local/collector streets to be added back to the inventory, for a net increase of 3.74 miles. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $43,829.06 per year for these changes to local/collector streets. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of$77,228.21 from VDOT. • Public Information: The regular City Council agenda proces. • Recommendations: Approval • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting D- • . a gency: Public Works RR1 City Manage ..VAl,ab, 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 2.85 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL frai �. Public Works City A rney's Office CA13741 R-1 April 27, 2016 I 1 City of Virginia Beach Exhibit A - New Streets Public Works/Operations New Street Street Type STREET FROM TO LANE MILES LOCAL AKINBURRY RD ADAIR DR W CUL DE SAC 0.18 LOCAL AVA WY PATIENCE PL PATIENCE PL 1.36 LOCAL DAKOTA CT DRUMHELLER DR N CUL-DE-SAC 0.14 LOCAL EMBLEM RD SHELL RD N DEAD END 0.08 LOCAL HOPI CT DRUMHELLER DR N CUL-DE-SAC 0.12 LOCAL LANDSTOWN CENTRE WY PRINCESS ANNE RD(SB) S DEAD END 0.40 LOCAL MYRTLE AVE 55TH ST DEAD END 0.03 LOCAL WISDOM AR AVA WY AVA WY 0.54 Total Lane Miles of LOCAL streets: 2.85 Total Lane Miles of New Street: 2.85 Monday,February 08,2016 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD INVENTORY 4 FOR URBAN MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit B (attached); resulting in a net increase of 3.74 (Local/Collector) lane miles. 16 17 WHEREAS, a representative from the Virginia Department of Transportation has 18 inspected and approved the corrections. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia Department of Transportation to 24 accept the corrections listed on Exhibit B, attached hereto and incorporated by 25 reference, and to begin paying urban maintenance payments to the City of Virginia 26 Beach based on the established rate. 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: 1,42/g/6( Public Works : torney s Office CA13742 R-2 May 6, 2016 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Re s laced deletions ; Street Type STREET FROM TO LANE MILES LOCAL 53RD ST OCEAN FRONT AV LAKESIDE AV 0.82 LOCAL 54TH ST ATLANTIC AV(SB) HOLLY RD 0.36 LOCAL 55TH ST ATLANTIC AV HOLLY RD 0.36 LOCAL 55TH ST HOLLY RD W CUL-DE-SAC 0.64 LOCAL 56TH ST ATLANTIC AV(SB) ATLANTIC AV FDR LA 0.34 LOCAL ASHVILLE PARK BL PRINCESS ANNE RD(NB) FLANAGANS LA 3.16 LOCAL DRUMHELLER DR E CUL DE SAC DAKOTA CT 0.38 LOCAL DRUMHELLER DR E CUL-DE-SAC W CUL-DE-SAC 0.70 LOCAL KNEELAND ST MARGARET DR BRODEUR LA 0.20 LOCAL LORD DUNMORE DR BEAUMONT DR OAKMEARS CR 1.62 LOCAL PROGRESS LA CENTRAL DR N CUL DE SAC 0.92 LOCAL TERRACE AV E DEAD END BALTIC AV 0.24 LOCAL THACKERAY CT THACKERAY LN W CUL DE SAC 0.06 LOCAL THALIA TRACE DR BONNEY RD INVERNESS RD 0.40 LOCAL THALIA TRACE DR INVERNESS RD GREENDALE RD 0.38 LOCAL THICKET WYND QUARTERPATH GATE QUARTERPATH GATE 0.34 LOCAL THOMAS JEFFERSON DR HOLLAND RD(NB) THOMAS NELSON DR 0.40 LOCAL THOMPSON WY TAYLOR RD WHITEHURST LANDING RD 0.44 LOCAL VALLE RIO WY SABINA WY W CUL-DE-SAC 0.74 Total Lane Miles of LOCAL streets: 12.50 Total Lane Miles of Additions/Replaced deletions : 12.50 Monday,February 08,2016 Page 1 of 2 Deletions/Tobe re•laced Street Type STREET FROM r TO LANE MILES LOCAL 53RD ST ATLANTIC AVE OCEAN FRONT AVE -0.14 LOCAL 53RD ST HOLLY RD ATLANTIC AVE -0.28 LOCAL 53RD ST LAKESIDE AV ATLANTIC AV -0.32 LOCAL 54TH ST ATLANTIC AVE HOLLY BVD -0.30 LOCAL 54TH ST DEAD END LAKESIDE AVE -0.14 LOCAL 55TH ST 0.03 HOLLY RD CUL DE SAC -0.42 LOCAL 55TH ST ATLANTIC AVE HOLLY RD -0.28 LOCAL 55TH ST HOLLY RD 0.03 HOLLY RD -0.06 LOCAL 56TH ST ATLANTIC AVE HOLLY RD -0.28 LOCAL ASHVILLE PARK BL PRINCESS ANNE RD(NB) CAMARILLO LA -1.08 LOCAL DRUMHELLER DR I35'W OF DRUMHELLER CT E.CUL-DE-SAC -0.34 LOCAL KNEELAND ST INT W/MARGARET DR DEAD END -0.06 LOCAL LORD DUNMORE DR 0.77 N BEAUMONT DR PRINCESS ANNE RD -0.16 LOCAL LORD DUNMORE DR BEAUTMONT DR 0.77 N BEAUMONT DR -1.54 LOCAL PROGRESS LA CENTRAL DR PRIVATE PROPERTY -0.60 LOCAL TERRACE AV ARCTIC AV BALTIC AV -0.20 LOCAL THACKERAY CT THACKERAY LA END OF COURT -0.06 LOCAL THALIA TRACE DR 2ND ST GREENDALE RD -0.40 LOCAL THALIA TRACE DR GREENDALE DR 2ND ST -0.38 LOCAL THICKET WYND QUATERPATH GATE QUATERPATH GATE -0.34 LOCAL THOMAS JEFFERSON DR HOLLAND DR NORTH BENJAMIN HARRISON DR -0.40 LOCAL THOMPSON WY OAKTON MEWS WHITEHURST LANDING RD -0.44 LOCAL VALLE RIO WY SABINA WY W DEAD END -0.28 LOCAL VALLE RIO WY W CUL-DE-SAC E DEAD END -0.26 Total Lane Miles of LOCAL streets: -8.76 Total Lane Miles of Deletions/To be replaced : -8.76 Monday,February 08,2016 Page 2 of 2 1 1 1N�u'bt_tcy. 0 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funding for Roadway Maintenance MEETING DATE: May 17, 2016 • Background: The City of Virginia Beach receives funding from the Virginia Department of Transportation ("VDOT") annually for the maintenance of roads based on a distribution formula. This funding is estimated in the annual operating budget to support related activities. The FY 2015-16 estimate recently increased as a result of an adjustment to the VDOT Urban Maintenance funding formula by the General Assembly. This action allows the distribution of overweight permit fee revenue based up on eligible lane miles. The City's share of this supplemental payment is $33,781, to be distributed quarterly. Additionally, the revised VDOT reimbursement rates for FY 2015-16 increases the mileage payments for local and collector streets resulting in an additional $963,980 for the City of Virginia Beach. • Considerations: The combined additional $997,761 can only be used for work eligible for VDOT urban maintenance payments and will be placed into the Public Works FY 2015-16 maintenance budget. Additional funding could result in the additional maintenance of 15 lane miles of arterial roadway. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting De• - + me• ' gency: Public Works PiiQ City Manager: -/a 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDING FOR ROADWAY MAINTENANCE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $997,761 from the Virginia Department of Transportation is accepted and 8 appropriated, with state revenue increased accordingly, to the Street Maintenance 9 component of the Department of Public Works for the maintenance of roadways. 10 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Service- City orney's Office CA13732 R-1 April 26, 2016 11 .I.. _1a v�- 6 7 -- a III IIIA e IP *--'441rAtig-�,� w I� I ♦�I�► �Jj < Ilu) .7, IIIj III �� ���I�rI I�j �� _ o IIII �� ��' �I� .I�� � ct. a u_ o IIIIj IP ��, � A� ",_.4$t* IIh °,/ ** Z ° c P. Ce c7, 44* 44 op-ri, w 6() js , E tRPK a a #41iii ,4-4 ce w o NU I U i. --_-_-_-- ,,, -----,:„.4 a_ O Y \ Q H 6 --^^J Q Q F L a) X 1. VJ L H N ��� co N " L. N co a) \ ., ti 0 % I •) L) a) N �, cC ►f7 6) M C Lc!) a) In O tiU it) ICU NI- (.0 Ls1) Lo NI" LO �` os N �a iqm m a N �4, d��� 19\'S N., a) � GENS c \ 13 O m \ = O w \\ C Z w a 9 fy � FT) a e a` I II it ` �g> {si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 1515 and 1609 Centerville Turnpike in fee simple for right-of-way and utilities for the Centerville Turnpike Phase II Project, CIP 2-409, either by agreement or condemnation MEETING DATE: May 17, 2016 Background: The Centerville Turnpike Phase II Project (the "Project") will widen the existing roadway between Indian River Road and Kempsville Road to a four-lane divided highway. The Project will provide intersection improvements, sidewalks, dedicated bike lanes, landscaping, and relocation of existing aerial utilities. Five of the parcels affected by the Project, which are single-family residences, will be total acquisitions. The City has reached agreements with the owners of 3 of the 5 parcels that will be acquired in their entirety. The City has not been able to reach an agreement with the respective owners of 1515 and 1609 Centerville Turnpike (the "Property Owners"). • Considerations: The Property Owners rent their properties to tenants, and the tenants who are being displaced by the Project will be relocated. This Ordinance will allow the acquisition of 1515 and 1609 Centerville Turnpike to be expedited in order to minimize lost rental income for the Property Owners and to address each tenant's relocation as soon as a new location is identified. The Ordinance, if approved will give authority only for the acquisition of the two remaining total acquisitions. In the future, the City Council may be asked for authority to acquire by agreement or condemnation the right-of-way and easements needed for the Project from other parcels. Acquisition will be administered by the City through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. • Public Information: A Citizens Information Meeting was held on January 22, 2015. A public hearing for this Ordinance was advertised in The Virginian-Pilot, Beacon, and this matter was advertised with City Council agenda. • Funding: The acquisitions will be funded by CIP 2-409. • Alternatives: Deny the request. • Recommendations: Approve the Ordinance. • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Depa- - : -ncy: Public Works/Real Estate p� City Manager: , iv` 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 1515 AND 1609 3 CENTERVILLE TURNPIKE IN FEE SIMPLE 4 FOR RIGHT-OF-WAY AND UTILITIES FOR s THE CENTERVILLE TURNPIKE PHASE II 6 PROJECT, CIP 2-409, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 WHEREAS, a public necessity exists for the construction of the Centerville Turnpike to Phase II Project, CIP 2-409 (the "Project"), to improve transportation within the City and for 11 other related public purposes for the preservation of the safety, health, peace, good order, 12 comfort, convenience, and for the welfare of the people in the City of Virginia Beach. The 13 Project will widen the existing roadway of Centerville Turnpike between Indian River Road 14 and Kempsville Road to a four-lane divided highway and will include intersection 15 improvements, sidewalks, dedicated bike lanes, landscaping, and relocation of existing 16 aerial utilities. 17 18 WHEREAS, the City Council finds it is necessary and appropriate to proceed with 19 the acquisition of properties needed in their entirety for the Project, ahead of the partial 20 acquisitions, in order to facilitate the relocation of displaced occupants. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seq., 33.2-1001 and Title 25.1 of the 28 Code of Virginia of 1950 (the "Code"), as amended, of all that certain real property in fee 29 simple for right-of-way and utilities and entire tracts upon which such right-of-way and 30 utilities shall be located within the limitations and conditions set forth in Section 33.2-1001 31 of the Code, as shown on the plans entitled "CENTERVILLE TURNPIKE PHASE II, CIP 2- 32 409," in particular, those certain parcels identified on Exhibit A, attached hereto and made 33 a part hereof(the "Total Acquisitions"), and more specifically described on the acquisition 34 plats for the Total Acquisitions (plats and plans collectively referred to as the"Plans"), the 35 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 36 Beach, Virginia. 37 38 39 Section 2. That the City Manager is hereby authorized to make or cause to be 40 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 41 reasonable offer to the owners or persons having an interest in said Total Acquisitions. If 42 refused, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 43 proceedings to condemn said Total Acquisitions. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2016. CA13592 R-1 4/5/16 \\vbgov.com\dfs l\applications\citylawprod\cycom32\wpdocs\d005\p022\00278723.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATEghtIO CITY A TO NEY EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: PARCEL ADDRESS OWNER GPIN NUMBER (Now or Formerly) 12 1515 Rahn A. McLawhorn, Trustee of The 1455-75-3512 Centerville Rahn A. McLawhorn Revocable Trust Turnpike dated April 20, 2007 08 1609 Terrianne C. & Bernice Gilchrist 1455-74-4735 Centerville Turnpike ro . _,.. ,..____, ..... > 1r - ------j-- - - •Tib. —'.7--. T -v—ii-.--B---.--, r,...,_n___ _,..„,_____,_ ._ , _.„ gei,IL-11-111-11,01q OP T Tu ow J I 1.4.‘"1-4 I_u_udr4,73 3 c ,-L -,-- ,, 4 r:_,--11 , ,, 1 I� F F �S I_� f 7 �- - �I L� j ▪! LLr------1- ii I I ❑ j --i� I J = :. • . , r r___. li 1,.., 1,-, 2 . \ __., I I 1 2 ti z '1- ri.' 1 ii, '-r" I i I� ' ! r 0 0 i 1 , 4 i — .-- I,: ) ( . e8-s — I TOWN CENT Eh'OR 200-2. ." 7` ' Sas ii 1.1 iiii < W ce 4-410 '1 ZZTZ �', 'I ill LI. cr. 0 - z • • OS 11—:-: L- rria !,tNtRAL PA.R<AVA 1.Y-17 - - V CEr YRkL P r Y.A'Jh^ - O -a_ 1 L - - I f 4 . L _ 1 1 Z7ri 0 i _ _ — _ __ _ 1_ _ _ _ 1 _ ___ _ `r,_.. a 'Q = S sC� 1 1 CL + ;_ W T ST ` - FmAh ET ST 200- d9 ____.•' WRY'ET ST., �--- ,. .,. ► - 1 L - ~ -i_ ME■~- -~ - - ■ ■ i 1- ■ 1 1 _ ■ ■ w • L Q ■ F' L Q ---1 I w n 6 1 _ - 'tip -- I �' I w • 1 tr- z ! r r 1. 1 ■ I V I ■ _ p _ .. I ke--1 ' i I ks. . SII^ 4■ F.. , . -24-199 iNuEPErJdErIv�EBtVC 226-27 I , k.,1933N3ON:d3ONI - ( _�._._.�._._._.—•_._.J � � _ _ter . — �- _.: y+� - TT. .� r--1:-11. 11 1r—� Zk [ I 1 of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance (1) Approving Phase VI of the Town Center Project and (2) Authorizing the City Manager to Execute an Agreement Supporting the Authority's Obligations Under the Phase VI Documents MEETING DATE: May 17, 2016 • Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City of Virginia Beach (the "City") when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved five phases of development at Town Center. Phases I, II, Ill and V have been completed on nine blocks and consist of approximately (i) 815,000 square feet of office space, (ii) nineteen restaurants totaling 117,000 square feet, (iii) 190,000 square feet of retail space, (iv) 804 residential units and (v) 412 hotel rooms. Phase IV expired prior to commencement of construction. Town Center Associates, L.L.C. (the "Developer") approached representatives of the City and the City of Virginia Beach Development Authority (the "Authority") about constructing another phase of development at Town Center on Block 9, which is currently a surface parking lot between the Westin and the Cosmopolitan Apartments. On December 1, 2015, the City Council approved a term sheet for Phase VI of the Project (the "Term Sheet"). The Authority approved the same term sheet on December 15, 2015. Staff was directed to develop documents to implement the transaction contemplated by the Term Sheet for consideration by City Council and the Authority. On May 17, 2016, the Authority will consider approval of Phase VI of the Project. The Authority's action will be expressly contingent on an affirmative vote by City Council. • Considerations: As set forth in the Term Sheet, the Developer is now proposing to begin Phase VI of Town Center, which will be a single-block, multi-facility, mixed-use development on Block 9, consisting of the following elements: Single Block, Multi-facility, Mixed-use Development (9 Levels) First Level: Retail Space (33,000 sq. ft.) Second Level: • Zeiders American Dream Theater (300 seats / 17,000 sq. ft.) • Restaurant (5,000 sq. ft.) • Public Plaza (11,000 sq. ft.) • Pedestrian Bridge across Central Park Avenue into the parking garage on Block 10 (Cosmopolitan Apartments) Third — Ninth Levels: 120 +/- Apartments The Zeiders American Dream Theater (the "Zeiders Theater") would be privately funded and operated by the Zeiders American Dream Theater Foundation (the "Foundation"). The Foundation will fund the cost of building the Zeiders Theater (estimated to be $7,651,312) and the costs of future operation and maintenance. If the Zeiders Theater ceases operations, the City would acquire title at no cost. The Developer is expected to expend $30,725,489 to construct the private elements of Phase VI, exclusive of the cost of the Zeiders Theater. The Authority participation totals $3,933,374 and consists of the following: • $1,440,959 for costs associated with incorporating the Zeiders Theater onto the second floor of the structure. • $ 473,470 for costs associated with vertical transportation (elevators and staircases) from the ground level to the Zeiders Theater. • $ 813,260 for construction of the Public Plaza • $ 205,685 for soft costs (design, etc.) • $1,000,000 for streetscapes and the Pedestrian Bridge. The streetscapes and Pedestrian Bridge would be paid from the Authority's EDIP account and the remaining $2,933,374 would be paid with bonds financed by the Town Center TIF (the "TIF") To ensure the TIF maintains acceptable fund balance, as a part of Phase V, the Developer signed an "RA Note" in the amount of $3,850,000, payable in four installments of $400,000 and five installments of $450,000 (the "Phase V RA Note"). "RA" stands for reimbursement amount and is a tool used in this Project if a projected phase might not generate sufficient revenue to cover the public obligations for that phase. The Developer is entitled to earn a credit against annual installments due under the RA Note if the real estate taxes paid into the TIF in the Core Area (the ten-blocks developed as a part of the Project) are equal to those projected by the City's Finance Department. To offset the added cost to the TIF from the Authority Participation in Phase VI, the baseline at which the Developer could earn a credit under the Phase V RA Note will be increased by the projected debt service attributable to the Authority Participation ($211,000 per year). All the obligations of the City and Authority would be subject to annual appropriation. • Public Information: Public Information for this item will be handled through the normal Council agenda process. A public briefing on Phase VI was conducted at the November 24, 2015 City Council meeting, and public comment was heard at the December 1, 2015 City Council meeting. The terms of Phase VI are consistent with those set forth in the Term Sheet. II I. i I ' Alternatives: The Phase VI Documents reflect the City's on-going commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. • Recommendations: Approve the Documents relating to Phase VI of the Town Center (Central Business District), request approval and execution by the Virginia Beach Development Authority, and authorize the City Manager to execute a Phase VI Support Agreement. • Attachments: Ordinance Summary of Terms Disclosure Statement Form Location Map Recommended Action: Approval Submitting De• - ment/Agency: Economic Development7`'�� c/ City Manage • `, I 1 ORDINANCE (1) APPROVING DOCUMENTS FOR 2 PHASE VI OF THE TOWN CENTER PROJECT 3 AND (2) AUTHORIZING THE CITY MANAGER TO 4 EXECUTE AN AGREEMENT SUPPORTING THE 5 AUTHORITY OBLIGATIONS UNDER THE PHASE 6 VI DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City 10 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 11 Development Company, L.L.C. and its affiliates, regarding the continued 12 development of the Central Business District Project known as "The Town Center of 13 Virginia Beach" (the "Project"); 14 15 WHEREAS, the Project is a development arrangement between the Authority 16 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 17 development utilizing the structure of an economic development park in the Central 18 Business Core District, an area of the City that is zoned to optimize development 19 potential for a mixed-use, pedestrian-oriented, urban activity center with mid-to-high- 20 rise structures that contain numerous types of uses, including business, retail, 21 residential, cultural, educational and other public and private uses; 22 23 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 24 99-2567B establishing the Central Business District —South Tax Increment Financing 25 Fund (the "TIF"); 26 27 WHEREAS, Phases I, II, III, and V of the Project have been completed and 28 Phase IV of the Project expired; 29 30 WHEREAS, the Developer has worked with the City Manager and City staff 31 and has proposed a comprehensive development plan for Phase VI of the Project; 32 33 WHEREAS, the City Manager and the City Attorney, on behalf of the City and 34 the Authority, have pursued the negotiation of a Phase VI Development Agreement 35 and other related Phase VI documents (collectively, the "Phase VI Documents") in 36 substantial conformity with the terms outlined on the Summary of Terms, attached 37 hereto as Exhibit A. A copy of the proposed Phase VI Development Agreement has 38 been provided to City Council; 39 40 WHEREAS, included as one of the Phase VI Documents is a support 41 agreement between the City and the Authority (the "Phase VI Support Agreement") 42 pursuant to which the obligations of the Authority contained in the Phase VI 43 Documents are supported by the City, with the traditional public infrastructure paid 44 through the Authority's Economic Development Investment Program; 11 45 WHEREAS the City Council finds that Phase VI of the Project will stimulate 46 the City's economy, increase public revenues, enhance public amenities and further 47 the City's development objectives for the Central Business District and provide 48 necessary components to further the goals contained in the City's Guidelines for 49 Evaluation of Investment Partnerships for Economic Development; and 50 51 WHEREAS, the City Council hereby approves the Phase VI Documents and 52 desires that the Authority approve and execute the Phase VI Documents. 53 54 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA; 56 57 1. The City Council approves the execution of the Phase VI Development 58 Agreement, which implements a development arrangement between the Authority 59 and the Developer for the development of Phase VI of the Project, so long as such 60 agreement is consistent with the Summary of Terms attached hereto as Exhibit A, 61 and such other terms, conditions or modifications as may be acceptable to the City 62 Manager and deemed legally sufficient by the City Attorney. 63 64 2. On behalf of the City of Virginia Beach, the City Manager and the City 65 Attorney are hereby authorized and directed to proceed with the development of any 66 additional Phase VI Documents necessary and appropriate or contemplated by the 67 Phase VI Development Agreement to implement Phase VI of the Project, with the 68 Phase VI Documents to contain such terms as are consistent with the terms outlined 69 in the Phase VI Development Agreement. 70 71 3. The Authority is hereby authorized to utilize up to $1,000,000 from its 72 Economic Development Investment Program ("EDIP") to partially fund the public 73 obligations as set forth in the Phase VI Documents. 74 75 4. The City Manager, or his designee, is authorized to execute and 76 deliver (a) the Support Agreement between the City and the Authority supporting the 77 Authority's obligations contained in the Phase VI Documents and (b) such other 78 Phase VI Documents to which the City is a necessary party to enable the Authority 79 to proceed with its obligations in Phase VI of the Project. 80 81 5 The City Manager is authorized to modify the Phase VI Documents to 82 which the City is a party to the extent such modifications may be technical in nature, 83 provided that after such modifications, the Phase VI Documents shall remain in 84 substantial conformity with the Phase VI Development Agreement and such 85 modifications are in a form deemed legally sufficient and satisfactory by the City 86 Attorney. 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on the 89 day of , 2016. REQUIRES AN AFFIRMATIVE VOTE BY A MAJORITY OF ALL THE MEMBERS OF CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM "?2/(Z741424`4 - City Attorney Economic Development APPROVED AS TO FUNDS APPROVED AS TO CONTENT AVAILABILITY PJAMOLI' �' r , CP Ai i. Finance Department Budget and Management Services CA13605 bgov.comDFS I Applications CilyLass Prod cycom32 WpdocsD004 P02100286399.DOC R-1 May 6, 2016 EXHIBIT A SUMMARY OF TERMS - PHASE VI TOWN CENTER Phase VI of the Town Center Project will consist of a single-block, mixed-use development on Block 9 of Town Center(currently surface parking between the Westin Hotel and Cosmopolitan Apartments) 1. Scope of Proposed Improvements Single Block, Multi-facility,Mixed-use Development (9 Levels) First Level: Retail Space (33,000 sq. ft.) Second Level: • Zeiders American Dream Theater(300 seats / 17,000 sq. ft.) • Restaurant(5,000 sq. ft.) • Public Plaza(11,000 sq. ft.) • Pedestrian Bridge across Central Park Avenue into the parking garage on Block 10 (Cosmopolitan Apartments) Third—Ninth Levels: 120+/- Apartments 2. Developer Obligations Construct all improvements - estimated total cost of block(exclusive of streetscapes and pedestrian bridge) $41,310,175: • Zeiders Theater- $7,651,312 • AH coomponents (retail/restaurant/apartments) - $30,725,489 • Authority participation - $2,933,374 3. Authority Obligations A. Pay for Infrastructure Improvements: • Cost not to exceed $1,000,000 • To include streetscapes, utilities, traffic signals and pedestrian bridge over Central Park Avenue connecting the 2nd level of new building into the Block 10 Parking Garage(Cosmopolitan Apartments). B. Purchase Public Plaza and pay for costs associated with elevating the Zeiders Theater(costs not to exceed $2,933,374) 4. Zeiders Theater A. 300 seat experimental theater(approximately 17,000 sq. ft.) B. American Dream Theater Foundation (the"Foundation")to enter into a construction contract with AH for the design and construction of Zeiders Theater. C. Foundation to own Zeiders Theater and be solely responsible for all maintenance and upkeep. D. City to have right to acquire Zeiders Theater at no cost if Foundation (or successor to Foundation) ceases operating Zeiders Theater for more than six (6) months with no plan to restart operations. 5. RA Note Modification A new schedule will be added to the RA Note to increase the threshold at which the Developer can earn a credit against its annual $400,000 or$450,000 payment. The schedule will increase by the amount of debt service incurred by the Authority for the Authority Participation funded by the TIF, estimated at $211,000 annually. PLEASE NOTE- THIS SUMMARY OF TERMS IS UNCHANGED FROM THE SUMMARY OF TERMS PRESENTED IN CONNECTION WITH THE APPROVAL OF THE TERM SHEET ON DECEMBER 1, 2015 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 4 The disclosures contained In this farm 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. 'e 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). o APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: a REVISIONS SUBMITTED DATE: Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Town Center Associates 9, LLC Members: Armada Hoffler, LP &TC Block9 Partners, LLC Managars• Armada 1-infflAr ManacJpr. 1 I (: (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes and 2 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 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. Virginia leech 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. I) 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 ooerated 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) isf Accounting and/or preparer of your tax return 0 Architect/Landscape Architect/ Clark Nexsen Land Planner VHB ❑ Contract Purchaser(if other than gr 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 Armada Hoffler Engineers/Surveyors VHB 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. 'NB __ Vi ! Beach Financing (include current Bank of America NA ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [' 0 Legal Services Faggert& Frieden, P.C. Real Estate Brokers / Agents for ❑ El current and anticipated future sales of the subject property • 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? 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. See attached APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Limited Liability Name: Town Center Associates 9,LLC Managers: Armada Hoffler Manager,LLC Members: Armada Hoffler,LP TC Block9 Partners,LLC Limited Liability Name: Armada Hoffler Manager,LLC Managers: Louis S.Haddad Michael P. O'Hara Eric L. Smith Members: Armada Hoffler, L.P. (Sole Member) Operating Partnership for the REIT(Armada Hoffler Properties,Inc.) Partnership Name: Armada'loftier,L.P. General Partner: Armada Hoffler Properties, Inc. Corporation Name: Armada Hoffler Properties,Inc. (the"REIT")* Executive Officers: Daniel A.Hoffler—Executive Chairman of the Board A.Russell Kirk—Vice Chairman of the Board Authorized Officers: Louis S.Haddad—President&CEO Michael P. O'Hara—CFO and Treasurer Eric L. Smith—Vice President of Operations and Secretary Anthony P.Nero—President of Development Eric E.Apperson—President of Construction Shelly R.Hampton—President of Asset Management *The REIT is a publicly traded company. Other Parent/Subsidiary or Affiliated Business Entities: Armada Honer Construction Company TOWN CENTER ASSOCIATES 9, LLC, a Virginia limited liability company BY: ARMADA HOFFLER MANAGER,LLC, a Virginia limited liability company Its Manager �f�,�. By: .y✓e� ` -- Louis S.Haddad, Manager co itu 212so LO-� b F- o) o ;.,.. 0 LLI ' Q t • , " .n4 w > o LL o �, o �► 3 Q N m Q = Q N co co Z j - Fj M Z 13 c , o 'rhe s '34.-; "; Z CIt4 W IM Z r Z a — Q O co O ,� Vern Q Lo Tr Q ra? Q li, 11, b ': L ch dam' g .. th 411111L, .212# � . :4 Z liltQ j'. . 'fm .1 f "' t 6 Qr . C°3 wise i f P , `_'C�. kA ?.,-�.... I , Y'FT'YF .� �?.s F i -..yy ,,,Y� l� 1,7"...::;;7:941ts friplitk‘„ 4 3.: a `�.. f. � t r , r t-.4.r+ t ' ''' imia �. - _ "°r z w K 3 Plii W N•' ' v I ' r • co CV +... - 7 »r • ^"max . , E. t .rel .F L; i,w - F - �'�,_�0r W W N tii > > U , t �`¢ 0 o Q X044 } ,n.. ,-: ' ..:. •- .--1 r-1 1 - _ \ \ '� Z� p to c a) Ql W low /IF O O JO lt.timi.iiii, 11, 2„. Y N N N 03 Cit,:- .- •'' _ .. 1 1 i 1 i ca.I ` 1 u ee g.-.. S) C 7 it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1536 and 1540 Indiana Avenue (GPINs 2407-94-9909 and 2407-94-8956) to be in excess of the City's needs and authorizing the City Manager to sell same to Cashvan Homes, LLC. MEETING DATE: May 17, 2016 ■ Background: The City acquired 1536 and 1540 Indiana Avenue (the "Properties" or the "Building Site") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with one single-family home and one duplex structure. The improvements have been demolished. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep the Properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens and West Oceana Gardens). At the same time, density is being reduced by two (2) actual dwelling units, as only one (1) single-family home will be permitted for development on the Building Site. A Request for Proposal (the "RFP") for five (5) building sites, including this one, was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Cashvan Homes, LLC was selected to develop the Building Site. • Considerations: Cashvan Homes, LLC is interested in purchasing the Properties for a total of $85,000. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of$630 per lot ($1,260 total). • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. 11 1 • Revenue restriction: The City funded the acquisition of the Properties through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of$85,000 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statement, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate pg City Manager: sk..___________ 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1536 AND 1540 INDIANA AVENUE 3 (GPINS 2407-94-9909 AND 2407-94-8956) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL 6 SAME TO CASHVAN HOMES, LLC. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 9 certain parcels of land located at 1536 and 1540 Indiana Avenue (collectively, the 10 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 11 part hereof; 12 13 WHEREAS, the City acquired the Properties pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Properties through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Properties are in the midst of other residences and at the 21 time of acquisition were improved with residential dwellings, which have since been 22 demolished; 23 24 WHEREAS, City Council has elected to allow the reconstruction of one (1) 25 single-family home on the Properties in order to maintain the integrity of the 26 neighborhood; 27 28 WHEREAS, a Request for Proposal ("RFP") was advertised for the 29 potential sale of the Properties; 30 31 WHEREAS, Cashvan Homes, LLC was one of the respondents to the 32 RFP; 33 34 WHEREAS, the APZ-1 Disposition Committee has recommended that the 35 City Council declare the Properties to be in excess of the City's needs and sell the 36 Properties to Cashvan Homes, LLC; 37 38 WHEREAS, Cashvan Homes, LLC will build one (1) new single-family 39 home on the Properties to prescribed standards acceptable to the City, including 40 elevated noise attenuation and design criteria, and Cashvan Homes, LLC will thereafter 41 convey the improved Properties to an owner-occupant; 42 43 WHEREAS, Cashvan Homes, LLC will purchase the Properties in 44 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 45 hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 ll 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties located at 1536 and 1540 Indiana Avenue are hereby 54 declared to be in excess of the needs of the City of Virginia Beach and that the City 55 Manager is hereby authorized to execute any documents necessary to convey the 56 Properties to Cashvan Homes, LLC in accordance with the Summary of Terms attached 57 hereto as Exhibit "B" and such other terms, conditions or modifications as may be 58 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 59 60 Further, that the revenue from the sale of the Properties in the amount of 61 $85,000 shall be received and fifty percent (50%) of this amount shall be deposited for 62 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 63 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 64 deposited for future payment by the City Manager to refund the Commonwealth's 65 portion in accordance with the grant agreement. 66 67 This ordinance shall be effective from the date of its adoption. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 70 day of , 2016. CA13585 R-1 Date: 4/15/16 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d028\p022\00277209.doc PPROVED AS TO CONTENT APPROVED AS TO CONTENT 1 •301:Q . D."494-1 Public Works a-\E! Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY CiY Y At ne s Office I EXHIBIT A LEGAL DESCRIPTIONS Single-Family Dwelling Building Site: 1536/1540 Indiana Avenue (GPINs: 2407-94-9909 and 2407-94- 8956) • GPIN: 2407-94-9909 (1536 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "LOT A," as shown on that certain plat entitled, "RESUBDIVISION OF THE SOUTHERN 125' OF LOTS 9 & 10, BLOCK 9, PLAT OF OCEANA GARDENS," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 213, at page 45. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from The Secretary of Veteran Affairs, an Officer of the United States of America, dated April 25, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140528000466960. • GPIN: 2407-94-8956 (1540 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 8B (erroneously referred to as Lot 8 in prior Deed) as shown on that certain plat entitled, "RESUBDIVISION OF LOT 8, BLOCK 9, PLAT OF OCEANA GARDENS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 128, at page 3, reference to which plat is hereby made for a more particular description of said lot. TOGETHER WITH a 15-foot utility easement granted to the owners or assigns of Lot 8-B for the installation and maintenance of water service as shown on plat recorded in Map Book 128, at page 3. 11 RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Timothy J. Beck a/k/a Timothy B. Beck, and Robyn Beck a/k/a Robin Beck dated July 15, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100805000795960. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1536 AND 1540 INDIANA AVENUE. SELLER: City of Virginia Beach PURCHASER: Cashvan Homes, LLC, a Virginia limited liability company. PROPERTIES: One (1) building site to be sold to Cashvan Homes, LLC, consisting of: 1536 Indiana Avenue (GPIN 2407-94-9909) 1540 Indiana Avenue (GPIN 2407-94-8956) SALE PRICE: $85,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program for these properties. • Seller shall convey the properties with a plat restriction limiting the combined site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. 04.4 NB Virginia Beach APPLICANT'S NAME . (4,�-6-0 1• 611-'''' '''!/ LI--. .. 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 • 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • 1 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONl Y/All disclosures must he itpdr.ted two(2)weeks prior to r.ny Page 1 of 5 Planning Commission and City Council meeting tlir.l pertains to the;.pplicr.licn(s). VDATE❑ APPLICANT NO1IFIED OF HEARING :NO CHANGES AS OF DA I t — 1-4I' 0 REVISIONS SUBMITTED DATE: II VaB Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rd Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. r (A) List the Applicant's name: N ?1! C If an LLC, list all member's names: -1. S.H A If a CORPORATION, list the the names of all officers, directors, mem ers 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) Al 4 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. OJ 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: �J''�- LI. dJ (.,(�"t'Z`L b77tLI) \ c If an LLC, list the member's �/j names: 4IlL _L A5 i�G'131�]-�1_ ' �1I {, 4I I4(Giit('-U Page 2 of 5 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) NY/4- 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 { • NB Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Tr ❑ Architect/Landscape Architect/ Land Planner 5/ e/!J Z;69sc,c„au ❑ Contract Purchaser(if other than 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) ["J D Construction Contractors CAs N J p1Ni i1 144 S) LLc ©------ ❑ Engineers/Surveyors/Agents 5t e i N1 E ;-ASS rr',AMC C Financing (include current T ❑ mortgage holders and lenders ►•J selected or being considered to provide financing for acquisition ,—,/ or construction of the property) LJ ❑ Legal Services erne c K LLS Real Estate Brokers / S cx J fg O t RI I tai ❑ Agents/Realtors for current and anticipated future sales of the /o � II �f✓ f Y 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 ❑ Ea contingent 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 . 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 ation. ;6,t,V c t-fr,a t;LCi-s N b/t9Z //c1/6 AP • ''S SIGNATURE PRINTRINAME DATE 4-r� Nl ict4ti-�c..� s�-i V�4 ti) PR••ERTY OWNER'S SIGNATURE P INT NAME DA E Page 5 of 5 ca ulAMii ....... cow z —�'-- NJll3S021 I win I cn :_ s, - „._ - CO � ___. -1 w ,' a) u.i > o LL Co > a � o a a. a N co a `° Z = Z � - --� 1 z o z o o N I aCI01 0Lo4 Tr i I 1 orrn o 0 I iiiial , J co r.' U) — IL -- --�' Z LO N N o E Nl 310410 .t- .. I i ' Aii Z w Om 1 1.1o CL0 I U N X -- -1 , I ` 1 I' I j 1--- I '. o II o L I i -- — —I I II 1, ..,, _ , _ , I ____i 1 1 1 r ________I , ,,,2 1 H IA- IIII I �J IRDNECK RDS I • I LEI Z Z d o �a�e I E C] O a CO a Z c < Z Z p �j 3 Q co DCEPNAB°VD LID 0 m dr '� V V c a co Nl1S3Mo _0 c ED Cn rncc fl rn rn C U n n I Q CL Q U d a9 i 0.1 f6r 1ll 1 11 S .� .. -::-. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1551, 1555 and 1559 Michigan Avenue and adjacent lots (GPINs 2407-95-7348; 2407-95-7411; 2407-95-6385; 2407-95-6358; 2407-95-6325 and 2407-95-5378); 1820/1822, 1824/1826 and 1828/1830 Ego Drive (GPINs 2407-64-2895, 2407-64-2840 and 2407-64-1867); 1837/1839 and 1841/1843 Ego Drive (GPINs 2407-64-0649 and 2407-64-0603) and 1848/1850 and 1852/1854 Ego Drive (GPINs 2407-54-8749 and 2407-54- 7874) to be in excess of the City's needs and authorizing the City Manager to sell same to Bishard Homes, LLC. MEETING DATE: May 17, 2016 • Background: The City acquired 1551, 1555 and 1559 Michigan Avenue and the adjacent lots; 1820/1822, 1824/1826 and 1828/1830 Ego Drive; 1837/1839 and 1841/1843 Ego Drive and 1848/1850 and 1852/1854 Ego Drive (collectively, the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with single-family homes and/or duplexes consisting of 20 dwelling units. The improvements have been or are in the process of being demolished. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep the Properties improved with residential use, as they are in the interior of stable residential neighborhoods (Oceana Gardens and West Oceana Gardens). Four building sites will be established by assembling adjacent parcels. At the same time, density is being reduced by sixteen (16) actual dwelling units, as only four (4) single-family homes will be permitted for development on the building sites. A Request for Proposal (the "REP") for the building sites was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Bishard Homes, LLC was selected to develop these sites. • Considerations: Bishard Homes, LLC is interested in purchasing the four (4) building sites for a total of$237,500. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot ($6,930 total). • Public Information: 1 Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. ■ Revenue restriction: The City funded the acquisition of the Properties through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $237,500 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in capital project 9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statement Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting De• .rt - . ' gency: Public Works/Real Estata0 PAD City Manager. 11.� II I 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1551, 1555 AND 1559 MICHIGAN 3 AVENUE AND ADJACENT LOTS (GPINS 2407-95- 4 7348; 2407-95-7411; 2407-95-6385; 2407-95-6358; 5 2407-95-6325 AND 2407-95-5378); 1820/1822, 6 1824/1826 AND 1828/1830 EGO DRIVE (GPINS 7 2407-64-2895, 2407-64-2840 AND 2407-64-1867); 8 1837/1839 AND 1841/1843 EGO DRIVE (GPINS 9 2407-64-0649 AND 2407-64-0603) AND 1848/1850 10 AND 1852/1854 EGO DRIVE (GPINS 2407-54-8749 11 AND 2407-54-7874) TO BE IN EXCESS OF THE 12 CITY'S NEEDS AND AUTHORIZING THE CITY 13 MANAGER TO SELL SAME TO BISHARD HOMES, 14 LLC. 15 16 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 17 certain parcels of land located at 1551, 1555 and 1559 Michigan Avenue and adjacent 18 lots; 1820/1822, 1824/1826 and 1828/1830 Ego Drive; 1837/1839 and 1841/1843 Ego 19 Drive; and 1848/1850 and 1852/1854 Ego Drive (collectively, the "Properties"), more 20 particularly described on Exhibit "A" attached hereto and made a part hereof; 21 22 WHEREAS, the City acquired the Properties pursuant to the APZ-1 23 Acquisition Program; 24 25 WHEREAS, the City funded the acquisition of the Properties through a 26 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 27 contributing fifty percent (50%) of the funds; 28 29 WHEREAS, the Properties are in the midst of other residences and at the 30 time of acquisition were improved with residential duplex and single-family dwellings, 31 which have since been or will be demolished; 32 33 WHEREAS, City Council has elected to allow the reconstruction of four (4) 34 single-family homes on the Properties in order to maintain the integrity of the 35 neighborhoods; 36 37 WHEREAS, a Request for Proposal ("RFP") was advertised for the 38 potential sale of the Properties; 39 40 WHEREAS, Bishard Development Corporation was one of the 41 respondents to the RFP and has since determined that they wish to take title to the 42 Properties in the name of Bishard Homes, LLC ("Bishard"); 43 44 WHEREAS, the APZ-1 Disposition Committee has recommended that the 45 City Council declare the Properties to be in excess of the City's needs and sell the 46 Properties to Bishard; 47 48 WHEREAS, Bishard will build four (4) new single-family homes on the 49 Properties to prescribed standards acceptable to the City, including elevated noise s o attenuation and design criteria, and Bishard will thereafter convey the homes 51 constructed on the improved Properties to owner-occupants; 52 53 WHEREAS, Bishard will purchase the Properties in accordance with the 54 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 55 56 WHEREAS, the City Council is of the opinion that the Properties are in 57 excess of the needs of the City of Virginia Beach. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 60 OF VIRGINIA BEACH, VIRGINIA: 61 62 That the Properties located at 1551, 1555 and 1559 Michigan Avenue and 63 adjacent lots; 1820/1822, 1824/1826 and 1828/1830 Ego Drive; 1837/1839 and 64 1841/1843 Ego Drive and 1848/1850 and 1852/1854 Ego Drive are hereby declared to 65 be in excess of the needs of the City of Virginia Beach and that the City Manager is 66 hereby authorized to execute any documents necessary to convey the Properties to 67 Bishard Homes, LLC in accordance with the Summary of Terms attached hereto as 68 Exhibit "B" and such other terms, conditions or modifications as may be acceptable to 69 the City Manager and in a form deemed satisfactory by the City Attorney. 70 71 Further, that the revenue from the sale of the Properties in the total 72 amount of $237,500 shall be received and fifty percent (50%) of this amount shall be 73 deposited for appropriation in future Capital Improvement Program capital budgets in 74 capital project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and 75 fifty percent (50%) shall be deposited for future payment by the City Manager to refund 76 the Commonwealth's portion in accordance with the grant agreement. 77 78 This ordinance shall be effective from the date of its adoption. 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 81 of , 2016. CA13484 R-1 Date: 3/29/16 PPROVED AS TO CONTENT APPROVED AS TO CONT T (--"V'OANs—C‘RID•sINISi , Public Works 5-- Budget &Management Services APPROVED AS TO LEGAL SUFFICIENCY A ` City Par y's Offic 11 EXHIBIT A LEGAL DESCRIPTIONS Single-Family Dwelling Building Site #1: 1551/1555/1559 Michigan Avenue and adjacent lots (GPINs: 2407- 95-6385; 2407-95-7411; 2407-95-7348; 2407-95-6325; 2407-95-6358 and 2407-95-5378 • GPINs: 2407-95-6385 (vacant land), 2407-95-7411 (1551 Michigan Avenue) and 2407-95-7348 (vacant land) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "GPIN: 2407-95- 6385," "GPIN: 2407-95-7411," and "GPIN: 2407-95-7348," and further being described as "GPIN: 2407-95-6385 1,875 SQ. FT. 0.043 ACRES," "GPIN: 2407-95-7411 5,625 SQ. FT. 0.129 ACRES," and "GPIN: 2407-95- 7348 1,250 SQ. FT. 0.029 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2407-95-6385, GPIN: 2407-95-7411 & GPIN: 2407-95-7348) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 3, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474260, to which reference is made for more particular description. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • GPIN: 2407-95-6325 (vacant land) and GPIN: 2407-95-6358 (1555 Michigan Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "GPIN: 2407-95- 6325," and "GPIN: 2407-95-6358" and further being described as "GPIN: 2407-95-6325 1,875 SQ. FT. 0.043 ACRES," and "GPIN: 2407-95-6358 5,625 SQ. FT. 0.129 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2407-95-6325 & GPIN: 2407-95-6358) BY I II I I SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 3, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474270, to which reference is made for more particular description. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • GPIN: 2407-95-5378 (1559 Michigan Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon , situate, lying and being in the City of Virginia Beach, Virginia, and consisting of the eastern 30 feet of the northern 125 feet of Lot Three (3) and the western 45 feet of the north 125 feet of Lot Four (4), in Block Ten (10), as shown on that certain plat entitled Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia Map Book 3, at page 51. Said property being more particularly bounded and described as follows: BEGINNING at a point in the southern line of Michigan Avenue 150 feet east of the southeast intersection of West Lane and Michigan Avenue, running thence southerly and parallel to West Lane 125 feet; thence easterly and parallel to Michigan Avenue 75 feet; thence northerly and parallel to West Lane 125 feet to the southerly line of Michigan Avenue; thence westerly along the southern line of Michigan Avenue 75 feet to point of beginning. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Gardina B. Fletcher and Jonathan D. Fletcher dated 2 November 9, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101109001194640. Single-Family Dwelling Building Site #2: 1820/22, 1824/26, 1828/30 Ego Drive (GPINs: 2407-64-2895; 2407-64-2840 and 2407-64-1867) • GPIN: 2407-64-2895 (1820/1822 Ego Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 72, as shown on that certain plat entitled: "PLAT OF OCEANA VILLAGE", dated March 1950, prepared by Frank D. Tarrall, Jr. & Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from 1820-1822 EGO, LLC dated October 17, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20131017001240280. • GPIN: 2407-64-2840 (1824/1826 Ego Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 71, as shown on that certain plat entitled "Plat of Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. 3 IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Manuf Shamji and Tasnim Shamji, dated January 17, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140131000088270. • GPIN: 2407-64-1867 (1828/1830 Ego Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 70, as shown on that certain plat entitled "Plat of Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, at page 5. RESERVING onto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Kanji Holdings, L.L.C. dated August 25, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140903000826760. Single-Family Dwelling Building Site #3: 1837/39 and 1841/43 Ego Drive (GPINs: 2407-64-0649 and 2407-64- 0603) • GPIN: 2407-64-0649 (1837/1839 Ego Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 55, as shown on the that certain plat entitled "Plat of Oceana Village" which plat is duly recorded in the Clerk's Office in the Circuit Court of the City of Virginia, Virginia in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. 4 IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed dated September 25, 2013 from Stephen H. Wright and Florence H. Wright, Trustee of The Wright Family Trust of 2005 for the benefit of Stephen H. Wright and Florence H. Wright and their issue, created by a Declaration of Trust dated April 30, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 20131010001216250. • GPIN: 2407-64-0603 (1841/1843 Ego Drive) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 56, as shown on that certain plat entitled "Plat of Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Tom Maurin and Brian Arrigo, dated February 4, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140428000367030. Single-Family Dwelling Building Site #4: 1848/1850 and 1852/54 Ego Drive (GPINs: 2407-54-8749 and 2407- 54-7874) • GPIN: 2407-54-8749 (1850/1852 Ego Drive) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 65, as shown on that certain plat entitled, "Plat of Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements 5 II 1 of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Timothy P. Forest and Frances E. Forest, Trustees of the Forest Family Trust dated July 22, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130805000920490. • GPIN: 2407-54-7874 (1852/1854 Ego Drive) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 64, as shown on that certain plat entitled "Plat of Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING unto the City all right, title and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting such Property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Mark J. Lancaster and Jeanette A. Burda also known as Jeannette A. Burda dated June 7, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140616000534260. 6 EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1551, 1555 AND 1559 MICHIGAN AVENUE AND ADJACENT VACANT LOTS; 1820/1822, 1824/1826 AND 1828/1830 EGO DRIVE; 1837/1839 AND 1841/1843 EGO DRIVE, AND 1848/1850 AND 1852/1854 EGO DRIVE. SELLER: City of Virginia Beach PURCHASER: Bishard Homes, LLC, a Virginia limited liability company PROPERTY: Building Site 1: 1551 Michigan Avenue and adjacent vacant lot (GPIN 2407-95-7411 and 2407-95-7348) 1555 Michigan Avenue and adjacent vacant lot (GPIN 2407-95-6358 and 2407-95-6385) 1559 Michigan Avenue and adjacent vacant lot (GPIN 2407-95-5378 and 2407-95-6325) Building Site 2: 1820/1822 Ego Drive (GPIN 2407-64-2895) 1824/1826 Ego Drive (GPIN 2407-64-2840) 1828/1830 Ego Drive (GPIN 2407-64-1867) Building Site 3: 1837/1839 Ego Drive (GPIN 2407-64-0649) 1841/1843 Ego Drive (GPIN 2407-64-0603) Building Site 4: 1848/1850 Ego Drive (GPIN 2407-54-8749) 1852/1854 Ego Drive (GPIN 2407-54-7874) SALE PRICE: $72,500 for Building Site 1 $55,000 for Building Site 2 $55,000 for Building Site 3 $55,000 for Building Site 4 $237,500 total. 1 I I CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreements. • Buyer is required to construct using materials for enhanced noise attenuation. 2 SC1 APPLICANT'S NAME skAcl L 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. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 1,,L1) '} !s i4F;l 0 NGC 4i.ANGES AS (:)E �❑ '(C','1%1 FJ SELLti( tc, `Vi*na` . 1:ch O Check here if the APPUCANT 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: P31,5 ha'' t-t0✓r25 LLC If an LLC, list all member's names: --�� 5teverx g15 bac _ o I s(i►ar� 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) R�stia� IDc‘4(4101ts.-r 6etvd,-.1-74 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 i .ch 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 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 indude 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 dose 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 1 1 V rgia Beach allI NO I SERVICE PROVIDER wry additional ANN If ❑ Accounting and/or preparer of your tax return 16 0 Architect/Landscape Architect/ 104 P Ia n+o n 501v4,001 Land Planner 'So,n A Contract Purchaser(i f other than ❑ 0 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property Odentlfy purchaser(s)and purchaser's service providers) ❑ umConstruction Contractors ■ , Engineers/Surveyors/Agents c 5 vwy ._ �f L Rnandng(indude current "TowrtE kN NK ❑ mortgage holders and lenders m o.,.lk l�G}f $ selected or being considered to vn OA 04.A IC provide finandng for acquisition or construction of the property) U ❑ Legal Services tkca(1 g p,., ec_. iz( Real Estate Brokers/ 0 Agents/Realtors for current and ' tT geat.111 antldpated future sales of the subject property . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El an on the subject public action? If yes, what is the name of the offidal or employee and what is the nature of the interest? Page 4 of 5 Virsbis Beach C£R 1FlCATlOIN 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, NIDA meeting, or meeting r public body or committee in connection with this rr r' I r r .... fillrg A S!' ,ar. rcrif 4,.•Lt., S GNA1U a �r *�''�:A� MUST NAME PA JIMMY> SOLATUaE PUNT NAME I DATE Page 5 of 5 a) RI ,t.. ; ^� ]i y°q Y _.-,;�,ti �['y:l Y q+} Y_ i r F N 1..1, _ • pJ1 tti IA 4iio P. 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IV ii 1 * 110 1111111‘ Q w ari 11 0N 1101UNDg p.1Rgv, o n pi 4. cci 101111 W O O alc.c.,0""'41) . 0 I0LU LU N WI 0 Q ul a y r_ �' � a� In v, y 1 a rn I -o c 1 _. .-.. ca and N c a N + W Z n NI Cmu Q (� i O O y 0 N Ni 13 GP EO.1NECKRA , N Q� illi III Q ,i _100 ,.� i r ..ug CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $275,938 from the Virginia Department of Environmental Quality to CIP # 7-414 Stormwater Quality Enhancements II MEETING DATE: May 17, 2016 • Background: The City of Virginia Beach Public Works Department has been selected by the Department of Environmental Quality to receive Stormwater Local Assistance Funds (SLAF) for the water quality improvements associated with the Mill Dam Creek Stream Restoration Project. The purpose of the SLAF is to provide grants to local governments for the planning, design, and implementation of stormwater best management practices that are associated with reducing water quality pollutant loads for Chesapeake Bay Total Maximum Daily Load (TMDL) credit. Grant funding is awarded to qualifying projects upon their completion. The Mill Dam Creek Stream Restoration Project has qualified. The Mill Dam Creek Stream Restoration Project consisted of a stream restoration of approximately 1,177 linear feet within the Mill Dam Creek. The project was located along Mill Dam Creek, which is between Bayne Drive and First Colonial Road and east of Lynnhaven Middle School. This stream restoration project provided stream bank stabilization, created floodplain wetland benches, improved water quality, and improved drainage capacity. • Considerations: The work on Mill Dam Creek is part of CIP 7-414, Stormwater Quality Enhancements II. There is sufficient local funding in CIP 7-414 to satisfy the required match. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De. - um- - qv' gency: Public Works p gCity Manager: ,�_4 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $275,938 FROM THE VIRGINIA DEPARTMENT OF 3 ENVIRONMENTAL QUALITY TO CAPITAL PROJECT # 7- 4 414 STORMWATER QUALITY ENHANCEMENTS II 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $275,938 is hereby accepted from the Virginia Department of Environmental 10 Quality, Stormwater Local Assistance Fund, and appropriated, with state revenues 11 increased accordingly, to Capital Project #7-414 Stormwater Quality Enhancements II 12 for reimbursements related to the Mill Dam Creek Stream Restoration Project. 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: 1 � _ Budget and Management Services ' A torn: 's 0 ice CA13744 R-1 May 4, 2016 I .11a-f ,, YCk l µµ igq7 !ems` v .., q't `sgyaa.. fiat' w,a+} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Tourism Investment Program Special Revenue Fund to Replace and Repair Holiday Light Displays MEETING DATE: May 17, 2016 • Background: Through the Tourism Investment Program Special Revenue (TIP) Fund, the City provides funding from tourist-related taxes to fund special events at the oceanfront. Since FY 1995-96, the TIP Fund has provided funding for the annual Holiday Lights Display special event held on the boardwalk in the winter tourist season to attract visitors to the Oceanfront. In 1995, 144 light displays were purchased and due to environmental conditions at the Oceanfront during the past two decades many of the displays are in desperate need of repair or replacement. City staff has developed a plan to replace and repair 17 displays at a cost of$220,000 to allow the program to continue. The Beachevents Steering Committee, Resort Advisory Commission and the Virginia Beach Hotel Association have been briefed and unanimously endorse the repair/replacement plan for the Holiday Lights Program to continue. • Considerations: City staff will follow the City procurement process to purchase the replacement displays. The estimated cost of the displays is $220,000, but could change depending on the response to the City's bid. Funds are available for transfer within the Tourism Investment Program Special Revenue Fund. • Public Information: Information will be handled through the normal City Council agenda processes. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De• - met/Agency: Strategic Growth Area Office City Manager: t \ ib 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 TOURISM INVESTMENT PROGRAM SPECIAL REVENUE 3 FUND TO REPLACE AND REPAIR HOLIDAY LIGHT 4 DISPLAYS 5 6 WHEREAS, the Tourism Investment Program Special Revenue Fund provides 7 funding from tourist-related taxes to provide special events at the Oceanfront throughout 8 the year including the annual Holiday Lights event in the winter tourist season to attract 9 visitors to the oceanfront; 10 11 WHEREAS, 17 of the original 144 light displays purchased in 1995 require repair 12 and replacement. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That $220,000 is hereby transferred within the Tourism Investment Program 18 Special Revenue Fund to repair and replace light displays for the Holiday Lights special 19 event. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: AU 11 Budget and anagement Services City ey's Office CA13737 R-2 May 6, 2016 K. PLANNING 1. 3590 Holland Road - DISTRICT 3 —ROSE HALL a. HARDEE REALTY CORPORATION Change of Zoning from B-1 Neighborhood Business District to B-2 Community Business District b. FOLK CITY TATTOO, LLC HARDEE REALTY CORPORATION Conditional Use Permit re Tattoo Parlor RECOMMENDATION: APPROVAL 2. 5668 INDIAN RIVER RD, LLC 16, LLC Conditional Use Permit re car wash at 5668 Indian River Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 3. CITY OF VIRGINIA BEACH Change of Zoning from B-4 Mixed Use District to P-1 Preservation District at 2272 Old Pungo Ferry Road for a Public Park DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Ordinance to ADOPT the Comprehensive Plan - It's Our Future: A Choice City, 2016, including the Policy Document, Technical Report, Reference Handbook and all Plans incorporated by reference which will supersede the 2009 Comprehensive Plan. II I ' s' -�;7i :4r yr4 rie ¢i r1QLr, 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,May 17,2016 at 6:00 p.m.,at which time the following applications will be heard: CITY OF VIRGINIA BEACH - An Ordinance to adopt the City of Virginia Beach Comprehensive Plan-It's Our Future: A Choice City,2016,which will supersede the Virginia Beach Comprehensive Plan 2009 and will contain the following: Preface [purpose and use of the Comprehensive Plan,public outreach and processes and elements of the Plan-policy document, technical report, reference handbook], planned land use map,urban areas[Strategic Growth Areas-Burton Station SGA, Centerville SGA, Newtown SGA, Pembroke SGA, Rosemont SGA, Lynnhaven SGA, Hilltop SGA,Resort Area SGA],Suburban Areas[Suburban Focus Areas-Shore Drive Corridor, North Courthouse/South Holland, Historic Kempsville Area, Virginia Aquarium & Owl's Creek Area, First Colonial Medical Corridor,Sandbridge, North Beach(North End),Military Highway Corridor],Princess Anne Commons&Transition Area, Rural Area, Military Installations & Support, Master Transportation Plan [Citywide transportation policies/complete streets, roadways, public transit, active transportation,other regional scale transportation planning,transportation demand management, intelligent transportation systems], environment stewardship framework[Sustainability Plan,water resources protection and management,parks and conserved lands, green infrastructure, living resources and ecosystem management(urban forestry,living shorelines,unique plant and animal habitats), sea level rise, recurrent flooding and hazard mitigation, land development and stormwater management, energy resources management and alternative energy development,solid and hazardous waste management,noise,light and air pollution management], Housing and Neighborhood Plan, economic vitality [Strategic Economic Growth Areas-SEGA 1-East Oceana,SEGA 2-West Oceana,SEGA 3-South Oceana,SEGA 4-Princess Anne Commons],plan implementation[implementing the plan,summary of policies,agenda for future action],the Technical Report,Reference Handbook, and the following plans and amendments thereto: Virginia Beach Historic Resources Management Plan (1994), Natural Heritage Report (1994), Municipal Center Master Plan(1997),Consolidated Strategy and Plan for Housing and Community Development Programs, Public Facilities: General Aesthetic Guidelines (2000), Shore Drive Corridor Plan (2000), Southern Watershed Area Management Plan (2001)-Multiple Benefits Conservation Plan,Strategic Plan for Agriculture in Chesapeake and Virginia Beach,Southern Watershed Area Rural Area Preservation Plan, Conservation Plan for the Southern Watershed Area, Beach Management Plan, 2002, Shore Drive Corridor Design Guidelines (2002), Retail Establishments and Shopping Center Ordinance Guidelines (2002), Mixed Use Development Guidelines(2004),Hampton Roads Joint Land Use Study(2005),Old Beach Design Guidelines (2005), Historic Kempsville Area Master Plan (2006, amended 2014),APZ-1/Clear Zone Master Plan (2008),Virginia Beach Outdoors Plan (2008), Resort Area Strategic Action Plan (2008), Northampton Corridor Strategic Growth Area Implementation Plan (Burton Station) (2009), Pembroke Strategic Growth Area 4 Implementation Plan(2009,amended 2014),Major Street Network Ultimate Rights-of-Way(2010),Newtown Strategic Growth Area Master Plan (2010),Interfacility Traffic Area(ITA)and Vicinity Master Plan(2011),Bikeways and Trails Plan (2011), Rosemont Strategic Growth Area Master Plan (2011),Virginia Aquarium and Owls Creek Area Master Plan (2011), Lynnhaven Strategic Growth Area Master Plan (2012), Oceanfront Resort District Design Guidelines (2012), Hilltop Strategic Growth Area Master Plan(2012),Centerville Strategic Growth Area Master Plan(2013),Urban Forest Management Plan(2014),Transition Area Design Guidelines(2015),Green Sea Blueway and Greenway Management Plan(2015)and the proposed Revisions and the Addendum to the Revisions, as certified and recommended by the Virginia Beach Planning Commission. CITY OF VIRGINIA BEACH[APPLICANT/OWNER]Change of Zoning from B-4 Mixed Use District to P-1 Preservation District.2272 Old Pungo Ferry Road(GPIN 2309236398) COUNCIL DISTRICT-PRINCESS ANNE HARDEE REALTY CORPORATION [APPLICANT/OWNER] Chanve of 7oninp from B-1 Neighborhood Business District to B-2 Community Business District.3590 Holland Road(GPIN 1486641556)COUNCIL DISTRICT-ROSE HALL FOLK CITY TATTOO, LLC [APPLICANT] HARDEE REALTY CORPORATION [OWNER] Conditional Use Permit (Tattoo Parlor) 3590 Holland Road (GPIN 1486641556) COUNCIL DISTRICT-ROSE HALL 5668 INDIAN RIVER RD,LLC[APPLICANT]16,LLC[OWNER]Conditional Use Permit (Car Wash Facility) 5668 Indian River Road (GPIN 1456901977) COUNCIL DISTRICT-KEMPSVILLE All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at Il ti 1 i,)gov,cym':.. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4303. BEACON: MAY 1&8,2016 iLL ' I U I LR r j OflUOAV PIe!peO ueAv plailJeo -� r - 0 ll -11 ni L-F-' i //tr . 6$ 9013 i -17�'\.., , - } /lb, ,,' tit do- i • ,.''\,,,,\:,s.‘ .1 LL\-..:> ir • ,:..,441111 \\\\\\'` C: i 0 *Itilk, . I ,:" I \,\\C\:1--7 it./ „ '. '\-\\, . ::: • it i, ----,_____„_______-_,________T. ? _ri 114 r „\„,..:,..,. , , ..,, ....... , , .\\„.: • ,,,4 „.„\\ I ,\, :,, . , I ii, , \ , , ..\\„„,„\\\ .‘,. . „ „ .. . \\\:. i , , . . „,,-, \'61'\\\ ,. ,.- 0 it ,,,,,.,,•••\\ \\ - \ +► ,• 44,p ou luollias0 '' SI 1 '\‘' ''\\ ' \\ \ \ \ \ / \ ,.,,,.." , ,, ,, 1.• *,,,,.:\,.\\\,\\\,\\.\\ \\„\ \\AL:.,. ' *1/4\.\\\\\\\\\\\\\\ \ \\.„,,,„\. , \\ LI .., / _.. •,em_ , . \. . ,,,___,Li.,:.,x::; , aA , . ;-?:..::\ \ .% .,:1 ,..: ,_ ais \ ,,,, ,,,. s., II ,, .,.\„\\\:\ /411114 ., --'” W *N- ' ...\\,\ \ . , . , t \ ' '\' \ \,- ..&\,,:\ \ ., .: ' \ 2. \ \\.\\ Ii\\,: \ ` \ \ :-.., if *--;°' \ o\ 1`.. fir► r 1r ,\,,,,,,.:,, ,:\\\,\ __,,\ ' rl u AVr poiest � (Tit;4` J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARDEE REALTY CORPORATION, LLC [Applicant & Property Owner], for a Change of Zoning (B-1 Neighborhood District to B-2 Community Business District). 3590 Holland Road (GPIN 1486641556). COUNCIL DISTRICT — ROSE HALL MEETING DATE: May 17, 2016 • Background: The applicant requests a change of zoning of a 24,330 square foot parcel at the northeast corner of the Holland Road and Rosemont Road from B-1 Neighborhood Business to B-2 Community Business District. The applicant indicates that over the years, the limited uses allowed in the B-1 District has negatively impacted the ability to lease units within the existing building. ■ Considerations: All corners of this intersection, except for this one - the northeast property at the intersection of Holland and Rosemont Roads-are zoned B-2 Community Business District. This intersection has been documented as one of the busiest in the City. Retail uses as well as many "low-impact" uses that are typically found within the Suburban Area at busy intersections are not permitted on this site due to the existing B-1 zoning. Further details pertaining to the request, as well as Staffs evaluation are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission voted 10-1 to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De, . . - • . gency: Planning Departme City Manager: 4, i Applicant Hardee Realty Corporation/Folk City Agenda Items Tattoo, LLC Property Owner Hardee Realty Corporation (,t,,,)i Public Hearing April 13, 2016 10/ 11 Virginia Beach City Council Election District Rose Hall Requests / t efl d ft"*an7, / `7i. Rezoning (B-1 Neighborhood Business to B-2 / ; s s pbin �e 4qh. a D Community) a `s < 'a ""DR�K 'b .� Conditional Use Permit (Tattoo Parlor) 3� I € �'� °'N °;a z •Staff Planner I _ fir. 44 : \ 1 I + A. t 0each V Carolyn A.K. Smith 65-70 dB DNL Gx 70-75 dB DNL \D Location 4�»,Rid I� >75 dBlDNL 3590 Holland Road �\ 4.404° t III +\:\ GPIN 1 \ 14866415560000 "7"°w 44$ i Site Size � �� Campion Avenue RaneN a Road Approximately 24,330 square feet "��� t �v�°`� \ �; ` AICUZ 65-70 dB DNL Existing Land Use and Zoning District Mixed retail center/B-1 Neighborhood Business Surrounding Land Uses and Zoning Districts — t North c, ..- e Vacant, undeveloped parcel, single-family = a a dwelling/O-2 Office,A-12 Apartment a' t ' ' o �` -. South r : = — Holland Road !� .p .4Qi,G�r�. Fuel sales/B-2 Community Business ''-" ' -,0„,0 a*' i 'wry, ., ; d East �ioya�� ,�., ,. �.* Vacant, undeveloped parcel/A-12 Apartment a.ROa �'' J I r West /w` tis Rosemont Road '' /4,4,„:>/%' � * -:%_-. � Car wash/ B-2 Community Business F ( ” - � > : . Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 1 II Background and Summary of Proposal • The applicant requests a Rezoning of a 24,330 square foot parcel at the northeast corner of the Holland Road and Rosemont Road from B-1 Neighborhood Business to B-2 Community Business District. This rezoning is requested because the B-1 district does not permit certain retail and service uses, particularly tattoo parlors. This has impacted the property owner's ability to lease units within the existing building. • In conjunction with the change of zoning request, a Conditional Use Permit for a Tattoo Parlor is also requested. The applicant proposes to locate the tattoo and body piercing business within a 675 square-foot store front in the western-most unit within the existing strip shopping center. • The existing 35 on-site parking spaces exceed the minimum requirement of 25 spaces for the existing establishments, as set forth in Section 203 of the Zoning Ordinance. • The submitted concept plan for the tattoo studio includes a waiting room with seating, a separate tattoo area, and adequate restroom and instrument sterilization areas. Specific standards for hygiene and certification are set forth by the Virginia Department of Health. No exterior improvements, other than signage, are proposed. • According to the application, up to four tattoo artists and one body piercer will work on-site. Typical hours of operation are anticipated as 10:00 a.m. through 9:00 p.m., Monday through Saturday, and 12:00 p.m.to 8:00 p.m. on Sunday. �_�'JL �� lirZoning History !al 3 441.94 °illy,air •� 1 MOD Approved 04/08/2008 S M 41 Q I / 'f -.',' 0-2 f CUP(Gas Station and Car Wash)Approved 06/08/1981 /,','',,k,,-, 11;24411r ''',1 2 REZ(A-18 to R-5S)Approved 01/09/1996 el- _- J1/2* p `° 3 REZ(A 12 to R 5S)Approved 09/08/1998 „ +w !`+, REZ(A-12 to R-5S)Approved 05/13/1997 ` $ 1 4 CUP(Religious Use)Approved 11/10/1992 0 5 CUP(Car Wash)Approved 12/10/2013 (1::,f4- ---. CUP Bulk Stora e Approved A > ( g ) 01/09/1996 CUP(Gas Station,Car Wash)Approved 11/14/1995 B ,—_ a 13_2i 6 CUP(Religious Use)Approved 01/12/2010 `� 3 m CUP(Bingo Operation)Approved 11/10/2009 r, -I 57 f* V ` CUP(Telecommunications Tower)Approved 11/25/2003 CUP(Motor Vehicle Rentals)Approved 07/13/1987 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 2 I II I Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses(pp. 3-1, 3-2). Natural and Cultural Resources Impacts The property is located within the Chesapeake Bay watershed.As the site is fully developed with a shopping center and a parking lot,there are no known significant natural or cultural features present. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 31,600 ADT 1 22,800 ADT 1(LOS°"D") 27,400 ADT 1(LOS 4"E") Existing Land Use 2-274 ADT Rosemont Road 29,800 ADT 1 22,800 ADT 1(LOS 4"D") Proposed Land Use 3-274 ADT 27,400 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by existing 3 as no change is anticipated 4 LOS=Level of Service shopping center _ Capital Improvement Program (CIP) There are no active roadway CIP projects for this portion of Rosemont and Holland Roads. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sewer. Evaluation and Recommendation This change of zoning is requested due to the fact that the B-1 district does not permit certain retail and service uses and this has impacted the property owner's ability to lease spaces within the building. With the recent amendment to the Zoning Ordinance that eliminated the separation requirement of tattoo establishments from residential districts, a tattoo artist inquired about leasing space at this location. This precipitated the rezoning request along with an application for a Conditional Use Permit for a Tattoo Parlor. According to Traffic Engineering Staff,the addition of a tattoo studio at this location will have no impact on this very busy intersection. In Staff's view,the rezoning to B-2 Community Business District is appropriate at this location, as all other corners of this intersection are currently zoned B-2. Additionally, it is likely that the vacant A-12 properties to the north and east of this site will be incorporated into this site when it is ultimately redeveloped. Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 3 i 11 The Conditional Use Permit request for a Tattoo Parlor in an existing building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. No exterior improvements to the site are proposed, other than the addition of a building sign. The proposed sign, as depicted on the submitted exhibit, is consistent in color and size to the building.The conditions below are recommended to protect the site from visual clutter. Based on the considerations above, Staff recommends approval of both requests—the Rezoning and the Conditional Use Permit-subject to the conditions below. Recommended Conditions for the CUP 1. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and shall be located on the building as shown on the submitted photo rendering entitled, "Folk City Tattoo Bldg Sign," dated March 3, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 2. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 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. Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 4 I Existing Site Survey I x _W mJrrr,sri J-7 f �Y /�'Y d z r� 'rF f.-. o GO O .~.i Y�y v <m "'y �.'Y OIr. �5 s K I - A A.-2, � !, I c ,' m ,,, V 1 �f.-- r F O '.i... wd�, 2i 3,7 ~3i - 01 ss f- —1 JIJ I •- I a ' 22.Zs` m4 � v� x 1 2 - — rN d m a N S hy . - a Jr a N. 5 _ Q O 2 nT m /i Z 'e. _ X hi! C'NJi i-4a .1 Q',J ' [p�2 N Z y Al 6 �__ �.� I O co `247, 6 3 N C* __— r .� I W r3 g m Irz N �� FFG ,,,,,,,, >'g ...- r _C a 4. /r a wz _f; W _� r Q -� e J, x y>z'�a ., S J36 ,,, fi! 42; % zl e J Own c i ` ., (.:,,i„, ,� a m zu vuJ W Y OYr • L. ___ -. ,, s �ATJ. `� r `�i ▪w �3 �1E�O` } = cc rl4 O'9-1\141 W � o "'-�� l9 � m z e> s s f,z�' §°a ,.0-120 i. 0A0 0 <� `,8:0 - all NO'.!.06e -t R pc3 (A zm W � t' R8-;';' '..Ti 5��1O tqk A9' Jo�Umw :0 �$ ,8 RO Q >ySW � 7 . J: 0 d y N R 8 ,,,L$ 'gOz kW 5. � IA Vd'0 1 u >•• .9 & T X !;! I1y P. ,Yr7 :1-7 rc I. 6 g Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 5 I Tattoo Studio's Unit & Proposed Sign 4 f r ! .. : - - _=:---,.--._:"....-'"-=-_-_----...:-_- "--_-__-__",.._.-..7:-..L.L.,„--:__:‘,,,,__ '.., ' :, • 4i , bog i I Air-, Y&i 1 II I - )1 ( .) 3.3-ge Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 6 1 l Site Photos 1�. A it , . , ; .;._,......q.,„,.....,-4. n r,. i i r Y; A s FI' GSR;' 0 ; jefg ems_ _$„ LI , y,.e.' ,WI `:f k'. W ..�aG '.. .+x M I , ^v 3590 � o► d�' iilz' ''' It ,m. • 40 I 111P041 , I .. ,,,f..% Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 7 Disclosure Statement APPLICANT'S NAME . Orol e-{.: = a (hr . 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 VRezoning 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 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 0 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 8 Disclosure Statement -)B Virginia Beach nCheck 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) 1�1f�`Gi 14. 1j 'IOi�CC --r/Gc`I kb/j tT - ce./ .S.,(.- (.rl {�u 51^•.a. l-1 o,a.c c 1.)t e c-6 VS (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. 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: _ If an LLC, list the member's names: Page 2 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 9 Disclosure Statement 11.1111:1 tie,k I1 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 I 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 anolication 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 10 1 II1 i 1 1 Disclosure Statement APPLICANT Bt , h YES NO SERVICE PROVIDER(use additional sheets if needed) ii C Accounting and/or preparer of -, L- your tax return n IA Architect/Landscape Architect/ f I LJ Land Planner Contract Purchaser(if other than LiR the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed —1 (7 purchaser of the subject property L= (identify purchaser(s)and purchaser's service providers) / Construction Contractors Ate Engineers/Surveyors/Agents ... �,er w ��,,, j '.G' Financing (include current ❑ E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E R Legal Services ■_- Real Estate Brokers / /sA���� Agents/Realtors for current and D4 C anticipated future sales of thefts subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have i I Er 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 11 I II I Disclosure Statement a r i;k ,t 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 16467:\ cati ,1 n + l .lti plc, a/ Lelef. y P f . tt�C�:�1 )cr t t 1 15/It APPLICANT'S SIGNATURE PRINT NAME }Act,41-f ado DA E I vreAvvi Page 5 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 12 I II Disclosure Statement OWNER 7\1\31 YES [NO SERVICE PROVIDER(use additional sheets if needed) 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 E' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) V Construction Contractors EEngineers/Surveyors/Agents Financing(include current 11111111 C �{ mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) Cpf Legal Services • Real Estate Brokers / � Cbt1 ' • l 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 (J 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 13 Disclosure Statement \ li:;il11;1 h 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. ?1,14...)L p ►�e.�„ K.e 4,1 ��,� 6 112416 PROPERTY OW R'S SIGNATURE PRINT NAME i , c 144,- DTE • Page 7 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 14 Disclosure Statement Virginia Beach APPLICANT'S NAME: Fe I k Cts- Ta DD �_L-Ci 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 Page 1 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 15 II 1 I I Disclosure Statement 1,g3 Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I ' Check here if the APPLICANT IS a corporation, pnership irm, business, or other unincorporated organization. hp i k GLF Odi LL-G- (A) List the Applicant's name: f"c 'tip Y 1 K`,AsC Ji_ _61 id l Q r' ( C c ,,t'1 If an LLC, list all member's names: (►Trekmiert4) ( i•P. 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 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. Lr 1 Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. 1 (A) List the Property Owner's name:_ .`C r'`'_11t+ti({ cf("l t't hi If an LLC, list the member's names:. 1 1,4(( 'e. ill Clore--Loi Page 2 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) cvCt,erS r*C �i(t Ct1 ki1 rrir! - c ("c,l ,`}t-fl t( Pirtth (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 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 17 I II Disclosure Statement Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of '?uirnCs t 0e- your tax return /1 Architect/Landscape Architect/ ■ ■ Land Planner Contract Purchaser(if other than nv 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) aConstruction Contractors © 2 Engineers/Surveyors/Agents gli: rwA Financing(include current rfj mortgage holders and lenders ] L r J selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ 1 4, Agents/Realtors for current andr 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 18 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. } ' 1 /z CL-U.A.61 t-t LC\S� 1 / I it, A CANT'S SIGNATURE PRINT NAME DATE PROPERTYOWNER'S SI NATURE � PRINTtc NAME �l��f �f �/�C�IDATE� Zii/IC Page 5 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 19 Item#10 Hardee Realty Corporation Change of Zoning 3590 Holland Road District 3 Rose Hall April 13, 2016 REGULAR An application of Hardee Realty Corporation for a Change of Zoning from B-1 Neighborhood Business District to B-2 Community Business District on property located at 3590 Holland Road, District 3, Rose Hall. GPIN: 1486-64-1556-0000. A motion was made by Commissioner Inman and seconded by Commissioner Thornton to approve item 10. AYE 10 NAY 1 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL NAY WEINER AYE By a vote of 10-1,the Commission approved item 10. Mike Darr appeared before the Commission. I ' / .,..' - \. *---t ----.„) . \-\` \\\ \ 1 _I r--- .. anueAv plailiJeo ova' , . . anuaAy !Nellie° \-\\..\\\\-\\:\ . r t P . . * . \\\ * Lfj • . D •• mil mi ettr ' Itt 444Tir I _ Ali" I q11;r1 • 1 _ —1 r CNI 7 '. IP icill4 IP 4t ' / 71 lOr \ it •etit I h.. ' '414t \\\.',"\.\\ ‘'\\\\\L\,..•, ..*'''''''''''''''.. WM" • ' ,\ ' \ lite i..., , , ., /-------s . m iti ' i I Co 4 44' 4 . • ,, grim • • • , \ ....... ,.. L peoa ;u0LLIOSON imovuhow ail - _ ^. .--n..,..• t,,,,,. , , : ,,--..1 ,,-, ,..-..s, _.e.-,.., ,-,_ , 1',,.., :4111,11111106711.1 , ' s ' . ,, 1%.1141INVINIXIVE N NI ft. 1111101011101116NiallailbalailftialANINININ, ,, . • 4' NXIIII ',.\ . • \\:\c`.\:\\:\ ' \ • i . 4 14 • 177.6M1 4r ,ID . , I . .- \\‘\14 \ \, 1:CI 1 • \ ' •,„\\\ \I , \ 4 \\. \\, : 4 0 \ ' I . * S `" \ . ...• I ,,,,,, \\ * 4 I \‘: \\'' A\ en ueAv weie I , * '„„ i� ::: I j [ ic.,-'07%, �`` 6. ` v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FOLK CITY TATTOO, LLC [Applicant] HARDEE REALTY CORPORATION, LLC [Property Owner], for a Conditional Use Permit (Tattoo Parlor). 3590 Holland Road (GPIN 1486641556). COUNCIL DISTRICT— ROSE HALL MEETING DATE: May 17, 2016 • Background: In conjunction with a change of zoning request, a Conditional Use Permit for a Tattoo Parlor is requested on this property. The applicant proposes to locate the tattoo studio within a 675 square-foot store front in the western-most unit within the existing building. • Considerations: According to the application, up to four tattoo artists and one body piercer will work on-site. Specific standards for hygiene and certification are set forth by the Virginia Department of Health. Typical hours of operation are anticipated as 10:00 a.m. through 9:00 p.m., Monday through Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday. The existing 35 on-site parking spaces exceed the minimum requirement of 25 spaces for the existing establishments, as set forth in Section 203 of the Zoning Ordinance. No exterior improvements, other than signage, are proposed. • Recommendations: The Planning Commission recommended approval of the request with a vote of 11-0. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De•art - . ' gency: Planning Departmen City Manager. ti�i�- I II Applicant Hardee Realty Corporation/Folk City Agenda Items Tattoo, LLC Property owner Hardee Realty Corporation c'lryui Public Hearing April 13, 2016 10/ 11 Virginia Beach City Council Election District Rose Hall Requests / ' tGIjRe.d ' nrh,,,T,14 Rezoning (B-1 Neighborhood Business to B-2 / a. "'"° 5`f Community) a 4�„Ron4' "`°"� �`'4t`'`+a 4dn Conditional Use Permit (Tattoo Parlor) I ?/ :a i / : € . I 1 Staff Planner 3 \t t or: Carolyn A.K.Smith + / I Ovid,I. 85-70 d8 DM. 70-75 dB DNL Location 444"1,0\ � >75 dB\NL 3590 Holland Road A \, �,, GPIN J \ . • ``,�, ��11. 14866415560000 M"`'a,„o, AN. Site Size co r Campion Avenue Stonah0 Ilwtl OP e Approximately 24,330 square feet '�e,�b \ <Md\v_pyi 1► AICUZ 1 �►d' 65-70 dB DNL Existing Land Use and Zoning District Mixed retail center/B-1 Neighborhood Business Surrounding Land Uses and Zoning Districts — �; North I� d y Vacant, undeveloped parcel,single-family ? = " Q dwelling/0-2 Office,A-12 Apartmentc 1`. i c South ` C. A�/G 6 Holland Road t, o '07) Fuel sales/B-2 Community Business ` Ro.?� East royi. ,;,,, � _.._ , Vacant, undeveloped parcel/A-12 Apartment RO d .s r West - LA:iw Sr Rosemont Road „ r .~ ` '� Car wash/B-2 Community Business . , ; `'':' 1 e Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 1 1 l Background and Summary of Proposal • The applicant requests a Rezoning of a 24,330 square foot parcel at the northeast corner of the Holland Road and Rosemont Road from B-1 Neighborhood Business to B-2 Community Business District. This rezoning is requested because the B-1 district does not permit certain retail and service uses, particularly tattoo parlors. This has impacted the property owner's ability to lease units within the existing building. • In conjunction with the change of zoning request, a Conditional Use Permit for a Tattoo Parlor is also requested. The applicant proposes to locate the tattoo and body piercing business within a 675 square-foot store front in the western-most unit within the existing strip shopping center. • The existing 35 on-site parking spaces exceed the minimum requirement of 25 spaces for the existing establishments,as set forth in Section 203 of the Zoning Ordinance. • The submitted concept plan for the tattoo studio includes a waiting room with seating, a separate tattoo area, and adequate restroom and instrument sterilization areas. Specific standards for hygiene and certification are set forth by the Virginia Department of Health. No exterior improvements, other than signage, are proposed. • According to the application, up to four tattoo artists and one body piercer will work on-site. Typical hours of operation are anticipated as 10:00 a.m.through 9:00 p.m., Monday through Saturday, and 12:00 p.m.to 8:00 p.m. on Sunday. \`�i pLals MI 1 Mr Zoning History •' J � ' In a 1 -M-1111111;01, -1 OD Approved — t7"1'21 .� pp oved 04/08/2008 w p-2 _ =3 CUP(Gas Station and Car Wash)Approved 06/08/1981 _ t , =ll 2 REZ(A-18 to R-5S)Approved 01/09/1996 4_�-- i n 'R f E 3 REZ A 12 to R 5S , ., ( )Approved 09/08/1998 �. /�, REZ(A-12 to R-5S)Approved 05/13/1997 -� 1 °� 4 CUP(Religious Use)Approved 11/10/1992 LJ 5 CUP(Car Wash)Approved 12/10/2013 e .7 Ilift 6 CUP(Bulk Storage)Approved 01/09/1996 %5 > CUPGas Station,Car Wash))A pproved 11/14/1995 B '''4",,,,,,//:-.„1.,,,,,,„„ Q B-2{ 6 CUP(Religious Use)Approved 01/12/2010 ;„; m CUP(Bingo Operation)Approved 11/10/2009 i CUP(Telecommunications Tower)Approved 11/25/2003 .<' x-W. -; CUP(Motor Vehicle Rentals)Approved 07/13/1987 Application Types ;r' 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 2 � I Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses(pp. 3-1, 3-2). Natural and Cultural Resources Impacts The property is located within the Chesapeake Bay watershed.As the site is fully developed with a shopping center and a parking lot, there are no known significant natural or cultural features present. Traffic Impacts Street Name ` Present Volume Present Capacity Generated Traffic Holland Road 31,600 ADT 1 22,800 ADT 1(LOS°"D") 27,400 ADT 1(LOS 4"E") Existing Land Use 2—274 ADT Rosemont Road 29,800 ADT 1 22,800 ADT 1(LOS 4"D") Proposed Land Use 3-274 ADT 27,400 ADT (LOS 4"E") 'Average Daily Trips 2as defined by existing 3as no change is anticipated 4 LOS=Level of Service shopping center Capital Improvement Program (CIP) There are no active roadway CIP projects for this portion of Rosemont and Holland Roads. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sewer. Evaluation and Recommendation This change of zoning is requested due to the fact that the B-1 district does not permit certain retail and service uses and this has impacted the property owner's ability to lease spaces within the building. With the recent amendment to the Zoning Ordinance that eliminated the separation requirement of tattoo establishments from residential districts, a tattoo artist inquired about leasing space at this location. This precipitated the rezoning request along with an application for a Conditional Use Permit for a Tattoo Parlor. According to Traffic Engineering Staff,the addition of a tattoo studio at this location will have no impact on this very busy intersection. In Staffs view,the rezoning to B-2 Community Business District is appropriate at this location, as all other corners of this intersection are currently zoned B-2. Additionally, it is likely that the vacant A-12 properties to the north and east of this site will be incorporated into this site when it is ultimately redeveloped. Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 3 The Conditional Use Permit request for a Tattoo Parlor in an existing building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. No exterior improvements to the site are proposed, other than the addition of a building sign. The proposed sign, as depicted on the submitted exhibit, is consistent in color and size to the building.The conditions below are recommended to protect the site from visual clutter. Based on the considerations above, Staff recommends approval of both requests—the Rezoning and the Conditional Use Permit-subject to the conditions below. Recommended Conditions for the CUP 1. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and shall be located on the building as shown on the submitted photo rendering entitled, "Folk City Tattoo Bldg Sign," dated March 3, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 2. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 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. Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 4 ! Existing Site Survey I /''.°1* ����. Ow %p --'' � !1 r <o y k I • �_ YR '" .T'� •••,.s..5°_,„_—___I- J/ •a 7 u- I k+ aVhf' -' /'�'1.,..., ( >< o -ri-7344 °..1 / s'1.,- .0 wT eW .0 1. .-ti -� __ .�.. C; l "' b G1 J,n/ IJ] 2l QQwo S+ % ± p ' , J • i - _ 'y L. nYv - ,A0 ...N? t, Ig1 Q Q 4P--f ��11yy (J _ _- � - x p n o��v mm Z1 ! FUwJ 5 ? i'• s"0 c _N — aQs.. �i rl 4 Ui ONTO nos 0, N9y�� 3-160+0LN33JNJ! G Z N >ZO Y \\ 1 i I Q '4 C gi tl o o N 9F, hl n r JI I 00 Utiri .1ri ot cc x F. r - -- It 7 F n,. < C • rc at r. h uttizr< 2 y, -TIO' 1, v I� -; O C �o.;. ` . Ct 0Zal ,...,t,, _py Z 8 14'. 1 ,; Y� , i'y . 4 ai >a ' � 1�w }' >„lot iu W t _Wa �. // 0tKZoo' �l \ `. 8ye kS S' Ll (96 `_ I 2.. < s u §dam7°**.- P9 y � ogeg t : ± r te U) z g Eo `� c SEg85: gfi” M 14,E+ J o'rc a :i4 i' � = O Q >ai� i 3 _ 3# nq. R U �C Na Op� 1g 3g NQ= 6-Ii b to >- rcao i c. NO V d'Q �I S. I Z II! 1! e. 1 �n\i 'o J;' .o. 0 04 / i.' 8"'2 _ I \ 9 / ,. 7 f. W I Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 5 i I Tattoo Studio's Unit & Proposed Sign . , _ , .. •.-, . -, • 4% s• : ' ' 4..... ' -1,___ _-.12..„.--,7,F•7.7±...‘f:::::-;-_--_._. 4 •'.t !f!?,.,4,.,,;.' t" 3,;-- . , -c. -' - ---,:-- .,..c."P----------;`-'-- -=-7.47- --;--44-_- .....--:'•,-....c_ ',t;', , ,..7-s,,,,,,.,:ji ,,,,;', c./`,.- •',47, -. •• - 75---7--=-----1-•___------_-=.--'---4-='_-f-_-=--„,-.2-t1-7-2,7--_.---1- •• *i.l'.• . - •____ -----__:-----•-•••7••••:,•-_-_-------.7_----.L7-L-,-,--.•==-77.-r-..--,F---.--_-___LT -_-,-.--..- - f .4,;A e,'•.....,',' –.–J„.„-- ...,—..=_____ ,____.__ ___ _ . .. .-' IIN "4"... ---7-:=77:-.7— ____. ,77.,,,c________: — --— -- . - ...„ , ,....._ I s i Ir, _ -.. Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 6 Site Photos '- atsiirA;;Itv • 4 - ,14440 fAir • ; r 111... ":41d 1.1_J ; I ,fitt '440 041"" • _ r 3590 • • - • PP"I Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 7 I i I i I Disclosure Statement APPLICANT'S NAME 0. cle,e, -=-a.a �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 Exception for (EDIP) Changes Board of Zoning Encroachment Request V 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 SECTION 1 / APPLICANT DISCLOSURE Page t of 7 0 0 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 8 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. dCheck 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) Zte• .c) I-Io,c - lN1uSvsa ,(0�/3 (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. El 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 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 9 Disclosure Statement l�•q� 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 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 aoolication 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 10 1 11 Disclosure Statement 3 7.,„, APPLICANT \„4,n,,,i=t ,„ YES NO SERVICE PROVIDER(use additional sheets if needed) 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 C © purchaser of the subject property (identify purchaser(s)and / purchaser's service providers) R. ConstructionEngineers/SurveyorsContractors/rtR. Agents EEj, lit3M p jG • Financing(include current C 12 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services— Real Estate Brokers/ /._��r�^i�E I1 pi Agents/Realtors for current and •I (.0 1�i: 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 2, an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 11 Disclosure Statement 7111 ,"\i" 44 it ini: 13r,n I, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this cati 1 APPLICANT'S SIGNATURE PPbNT NAME Vic.eke Q.fo► DATE .I v iLo eAv1 Page 5 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 12 Disclosure Statement OWNER lit.H.1 YES [NO 1 [ SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ❑ Fl Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Aonlicant)-identify purchaser and purchaser's service providers Any other pending or proposed C i�J( purchaser of the subject property IIJJ (identify purchaser(s)and purchaser's service providers) 2 Construction Contractors Engineers/Surveyors/Agents +4•StA(' � ,);G,J Financing(include current C LJ E{ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n P1 Legal Services Real Estate Brokers/ Coat cca�Q, [T/ Agents/Realtors for current and �Y 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 E/ 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 13 II Disclosure Statement 7 i \'IIgini,1 ES.;ic Ii / ...— 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. 1laiOffi 6� do 6J ?1,) )L �ae,d„ k.d l4, 6. . 61. Zs�l6 PROPERTY OWN R'S SIGNATURE I PRINT NAME Pl4 4+ 14 4—Lu DATE Page 7 of 7 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 14 Disclosure Statement Virginia Beach APPLICANT'S NAME: Fel K 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 VConditional 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 Page 1 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 15 Disclosure Statement NP3 Virginia Beach ECheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, p nership irm, business, or he, k.. C other unincorporated organization. I _ TpdI L ' -tL.C- , J (A) List the Applicant's name: N c-c-k�0-k i P.U ALsc 11_ _61 id la, ( C CL n F1 If an LLC, list all member's names: rere6Lc1 .t4) (V'P. 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Secdon 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. rx 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: P"Chc"I OcilltL itsitIkr 1-1,/..._If an LLC, list the member's -tom names:_ A 1 Ar? /{ / iC. ( lvipL'(G�r�'1 1 Page 2 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Atttach list if necessary) Iir ( i.rt/ti' ut ' IVarc i11 t is ke (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 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 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 17 Disclosure Statement Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ("� Accounting and/or preparer of rnc,6 iOG�- E i • your tax return C (-1 Architect/Landscape Architect/ ■- ,- Land Planner Contract Purchaser(if other than the Aoalicant)-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) Lia Construction Contractors 2 Engineers/Surveyors/Agents ErITLMITMVAil. Financing(include current mortgage holders and lenders selected or being considered to 13123 provide financing for acquisition or construction of the property) I4 Legal Services Real Estate Brokers/ �_ I^ Er I Agents/Realtors for current and bar( 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 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 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 18 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. «__ N Act A CANT'bSIGNATURE 147 PRINT NAME J DATE �'b" PRINTAMEc'IG( r! C/ ltl TE} PROPERTY OWNER'S 2fl/li Page 5 of 5 Hardee Realty Corporation/Folk City Tattoo, LLC Agenda Items 10& 11 Page 19 I II I I i Item#11 Folk City Tattoo, L.L.C. Conditional Use Permit 3590 Holland Road District 3 Rose Hall April 13, 2016 REGULAR An application of Folk City Tattoo, L.L.C.for a Conditional Use Permit(Tattoo Parlor)on property located at 3590 Holland Road, District 3, Rose Hall. GPIN: 1486-64-1556-0000. CONDITIONS 1. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and shall be located on the building as shown on the submitted photo rendering entitled, "Folk City Tattoo Bldg Sign,"dated March 3, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 2. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. A motion was made by Commissioner Inman and seconded by Commissioner Weiner to approve item 11. 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 Item#11 Folk City Tattoo, L.L.C. Page 2 By a vote of 11-0,the Commission approved item 11. Michael Cann appeared before the Commission on behalf of the applicant. Daniel Cardona appeared in support of the application. 0 • 4,1 ; # 1.0 ,. 4 / = ,.... ,, oji illit , 1 . . ,., ,..., .,... ..,. ......... ,//7 /C2/ 041P Ai fr 0 0 0 a o•. , .,..„,....,,,, , \c",57° ''' , ,, , ....' i_ii 0---- . .„, thcsi _. ,. . ., . ...„,,..„ 1 ,T.,,,:: , r•'' z7,..: ,.. ...___\.",,A,..„....„_. , .....,......„,74. _ .....,,,,,., _ 74 .,..„.„.„ ,, ,..10 -:t„, , X(71m1/ 4. a:3 x� y'y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 5668 INDIAN RIVER RD, LLC [APPLICANT] 16, LLC [OWNER] Conditional Use Permit (Car Wash Facility) 5668 Indian River Road (GPIN 1456901977) COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: May 17, 2016 • Background: The applicant requests a Conditional Use Permit to demolish a vacant restaurant building located on an outparcel of the University Shoppes shopping center and replace it with an automated carwash. As part of the request, the applicant is proposing to retain the legally nonconforming sign on site. • Considerations: To ensure a quality site design, dormers will be added to the building, the system for the rear vacuums will be installed underground to minimize clutter, and additional landscaping will be planted in the right-of-way. The landscaping requirements will be exceeded and architectural materials will reflect those used at Regent University. The proposal is not entirely consistent with the Centerville Strategic Growth Area. Due to the level of quality design, and understanding that certain drive-through uses are permitted by-right, Staff supports this request subject to conditions. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this request on the consent agenda and recommended approval with a vote of 11-0 following the conditions below: 1. With the exception of signage, the site shall be developed substantially as shown on the plan entitled, "CONCEPT PLAN, 5668 Indian River Road," dated 3/14/16, as prepared by Blakeway Corp. 2. The building shall be constructed substantially as shown on the plan entitled, "GRAND SLAM CAR WASH," dated 2016-01-20, as prepared by Balzer and Associates, with the addition of dormers constructed on the eastern building elevation, at a minimum, in a manner similar to the applicant's existing operation located at Edwin Drive and Independence Boulevard. 5668 Indian River Road Page 2of2 3. The existing legally nonconforming free standing sign may remain for the duration of the conditional car wash use. Should the site be redeveloped or used for a use other than the conditional car wash, the legally nonconforming sign shall be removed. 4. The applicant will work with Planning Department Staff during site plan review to propose landscaping between the existing sidewalk and front lot line, in the public right-of-way of Indian River Road. This landscaping shall be approved by the DSC Landscape Architect and Landscape Management, and incorporate evergreen plantings reaching at least 3 feet in height. 5. The vacuums shown to the north of the proposed building shall be installed underground. 6. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme' ' - .ency: Planning Department City Manager: Ira& ` \BrApplicant 5668 Indian River Rd, LLC Agenda Item Property Owner 16, LLC Public Hearing April 13, 20163 City Council Election District Kempsville Virginia Beach tdena a°ad Request a" wn,,avNe e e Conditional Use Permit (Car Wash) o tGondv,ew Dry a I, twme`"iard prIlls e4 m — o 0v � 33Staff Planner i, A �.4 Aspen Drive - o YKristine Gay r i r'd4,R 4yktwardD oveW''rCourtav o E RadthwnD Harrh Location p R , 3 2 Arch k "cyan 5668 Indian River Road ""I Hear �a�as`�o�� G g GPIN � ::::: A I Ph ef - 1456901977 a aLt f' Cans.Court Site Size �,'� r�c �F3� 4 d" 1.0219 Acres ea AICUZ mea t� 4,c'. Be'"4 r(ane Less than 65 dB DNL aerw;,une Existing Land Use and Zoning District Vacant restaurant/ B-2 Business Surrounding Land Uses and Zoning Districts ' ,> , ; ,w ,` `y.1 A North • -• , .4• ,',y �, Strip shopping center,YMCA / B-2 Community r„•, E .•. y y ,,;' a4",`: Business _ '�' *, South - ';'; A,.: ' ,r Indian River Road ,. - #, 1 "/� ,••:-. -' Regent University/ H-1 Hotel A � ,. {3 \� Iffy .,;° / ' 1, c Lia, East '' -4),'-,-- ,, r; '14' . 4,� homes R-7.5 Residential , ,, �', 1 ,, z Single-family / ;c;. k West , �yfi , +�,, , e° ~,_ Single-family homes/ R-7.5 Residential , . P''` ,- r'� -..r, , - N.- 1 . ,. . ,,,,.,- .. . , i.,„,„ ,,,, ,. , . ,,,,t, ok‘ -' 1 0 k.„ ,}...,,,,,, ,k1;` ' ' ilt' 5668 Indian River Road, LLC Agenda Item 3 Page 1 1 i I Background and Summary of Proposal • The applicant is proposing to demolish the currently vacant restaurant (Shoney's) and redevelop the site with a car wash.This use requires a Conditional Use Permit in the B-2 Business District. • As shown on the submitted plan, vehicular access to the single car wash bay will be via three collector lanes.The proposed structure will house an 89-foot long automated car wash.The site layout also depicts 18 parking spaces where customers can use onsite vacuums. • The proposed hours of operation are 7:00 a.m. to 8:00 p.m., seven days a week.The facility will have a maximum of three employees on the site during operation hours. Parking for employees is provided on-site, behind the existing 7-Eleven convenience store to the east. • The submitted elevations of the "colonial-style" building depict an exterior of brick veneer with a front-facing gable, one sectional garage door and a standing seam metal roof. • Qtelb 00 ' iti�� ' ♦ Zoning History I,. # Request 4J tt , 1 CUP(Motor Vehicle Sales)Approved 02/10/1998 c�-4 2 CUP(Religious Use)Approved 09/09/2003 .0 ,' , it 7 . CUP(Religious Use)Approved 12/03/1996 �/t CUP(Religious Use)Approved 01/25/1994 -7.5 H �, II' �c i�. Application Types CUP-Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject site is located in the Centerville Strategic Growth Area (SGA).The Centerville SGA Master Plan identifies the shopping center where this site is located as the University Shoppes. The Plan acknowledges that the University Shoppes are isolated from the Centerville SGA due to widening of Indian River Road.The Plan identifies two redevelopment scenarios for the shopping center—a transition from commercial to recreational fields with an enlarged YMCA, or a consolidation of all parcels with an updated commercial development. 5668 Indian River Road, LLC Agenda Item 3 Page 2 Evaluation and Recommendation Staff has concerns that the proposed use is entirely auto-centric and does not move towards the goals as recommended by the Centerville SGA Plan -an opportunity to consolidate commercial uses or create outdoor recreational uses. The applicant is aware of these concerns; however,the subject site may be developed as a matter of right with uses such as a drive-through restaurant or bank. Further,the site is adjacent to established suburban neighborhoods,fronts on an eight-lane arterial, and is within 1,000 feet of Interstate 64. As such,the proposed car wash will provide a service to residents of the adjacent suburban neighborhoods. Staff has consistently recommended a ten-year time limit for interim uses proposed in a Strategic Growth Area that are not consistent with the vision of the SGA Plans. Interim uses typically lease space in an existing,often older building, and construct minor improvements, such as alterations to the building facade or signage. For interim uses, it is Staff's goal to recommend improvements that may be achieved without requiring a full site plan review. In this case,the applicant will own the property and is proposing to entirely redevelop the site. For this reason,the ten- year time limit has not been recommended.To compensate for the use,the applicant has revised the site plan to provide as much plant material on the front of the site,facing Indian River Road,as possible. Further, minor changes to the proposed building have been recommended to ensure the lasting operation is aesthetically pleasing. The applicant has specifically requested that an existing legally nonconforming sign remain on the property and be used by the car wash operation.Staff has consistently recommended that nonconforming signs be removed via the Conditional Use Permit process as a means of reducing visual clutter along roadways. This,coupled with the fact that no time limit for the car wash is recommended and the nonconforming sign could remain on this site indefinitely,Staff recommends that this sign be removed and replaced with a conforming, legal sign. For the reasons above and as summarized in this report,Staff recommends approval of the request for a Conditional Use Permit with the conditions below. 5668 Indian River Road, LLC Agenda Item 3 Page 3 I Recommended Conditions 1. With the exception of signage, the site shall be developed substantially as shown on the plan entitled, "CONCEPT PLAN, 5668 Indian River Road," dated 3/14/16, as prepared by Blakeway Corp. 2. The building shall be constructed substantially as shown on the plan entitled, "GRAND SLAM CAR WASH," dated 2016-01-20, as prepared by Balzer and Associates, with the addition of dormers constructed on the eastern building elevation, at a minimum, in a manner similar to the applicant's existing operation located at Edwin Drive and Independence Boulevard. 3. The existing legally nonconforming free standing sign may remain for the duration of the conditional car wash use. Should the site be redeveloped or used for a use other than the conditional car wash, the legally nonconforming sign shall be removed. All signage shall be of the Monument style and meet the applicable eequiremcnts of the City Code.The legally nonconforming sign shall be removed prior to receiving a Certificate e4 Occupancy. No signage shall be installed within the cantilevered arcs of the vacuums. 4. The applicant will work with Planning Department Staff during site plan review to propose landscaping between the existing sidewalk and front lot line, in the public right-of-way of Indian River Road.This landscaping shall be proved by the DSC Landscape Architect and Landscape Management, and incorporate evergreen plantings reaching at least 3 feet in height. 5. The vacuums shown to the north of the proposed building shall be installed underground. 6. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site. 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. 5668 Indian River Road, LLC Agenda Item 3 Page 4 1 Proposed Site Layout IM,01,991£ S I ,00'85 t 3 < 1 n o 8 3( �niR w0 ce - '•i �a_ m'-8 z u 1 WI O - o I i ...,p; .t 01 ni .00 SL1 __... __ M'-0 t.rit£S ____ IA 1 a 1 ' i 74. — — \jt -N _---�-�- - , - � ) g ; 11-HT ,.4.17-,,,,...„.4 N iii i & as .+wtB O \' 8CC +" ' g: 11. 3a i . ii � .8 ifilkiViiiiii 111,. ._ ..lik_ ... . __ __ 4 1 ill W, t,. & 'alt o poi - I 1 t �t i 3 _ ♦8 8 1 ♦ R kW N > wt 1- ii. „G z R 1 .-00 SL t . 0:,ts1S N i C: 1 .V.i 1� ' 5 3 < Z 0 0 j7 _.._.__-_..__Q Z p ml- J g . $Y tJ I; z :1I i--- -_ ,00'SLt-----3-16-1:;9.a ti - ----... N1 I G Ig n- I 4( e -0t 8 E P g 'n cn c § ;;:ti yy_ < oo y Y vl rl I € 4V i q a I 'z c V Yn Y foo 0' � o! i 2 Q ^y g mbY? A n = .. 8� iS y g .00'W 8 3 .--4 3 3..01,911£ N Y I § 1.6,111 27 4 ( M/21 .09 ) 0 VA3111O8 ONV1N3�2i1S ° e g ` E> € E4 1 hg o0 5668 Indian River Road, LLC Agenda Item 3 Page 5 I Iii Proposed Elevations ; I 11 :' o 04, � U _� �� r H 0 I 6 i , -"TI!3! 1 i 11 : ii iI„ i � & 1 Q _ - ----- _ 11 i 1 1 (..-.I IC : iI tt j 1 LJ I -i Ll ; _ i i 5668 Indian River Road, LLC Agenda Item 3 Page 6 I Existing Operation on Edwin Drive 9 4 e y E wq4,„,„,,,,,,-...VO -'� _"ms• t . R ISM � : I , � - , .00*,) ; ._ri - N. li I 7111110111111 111 a t Ail* _ iiiii.044,,,4444‘, � s _ x �` y 2 0 "=mayrs , $5 EXPRESS A � 't " ^-cuaNSLAM CAR WASH "` �- FREE VACUUMS • _.:-7'1:11'!"--,T-47,-,.'.t .—„,.7,-t„- -- 1r ,, " '` I .111,1.J ,�i _ r ri •y., ala, -=r° v_, i 5668 Indian River Road, LLC Agenda Item 3 Page 7 Disclosure Statement 1\113 APPLICANT'S_ NAME: 5668 Indian River Rd, LLC DISCLOSURE STATEMENT FOR M 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 _ JEW") 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 Properly Subdivision Variance Board Conditional Use Permit ; License Agreement IVI+I etlands Board The disclosures contained in this form are necessary to inform public officials who rzmay vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE P:gr 1 01 5 El 1 5668 Indian River Road, LLC Agenda Item 3 Page 8 Disclosure Statement VirUni.4\33 Br. 01 Check here ,f Olt APPLICANT IS NOT a corporation. partnership, firm. nosiness, or other unincorporated organization. lxi (.heck here if the APPLICANT IS a corporation. partnership, firm. business, or other unincorporated organization. (A) I st the ApplicanC5 name•___idielnaan_Riko.r LLC If an LLC. list all member's names: Vanix Barticy Ryan Cnnl a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: !Attach WO if necessary) OS) list the businesses that have a patent-subsidiary I or affiliated business entity relationship with the Applicant: ,fAttach list if necessary) Grand Siam Car wash 493 S I ndependenoe Blvd. Virginia Bean VA 23452 Set- next page lor infofriation pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE commie-to Section 2 v ifxrinterty 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, 51 business, or other unincorporated organization. AND THEN, complete the follovding. (A) List the Property Owner's narne._____15—LLO_ - If an LI C, list the member's Bernice Schoenbaurn name!, Page 2 of 5 5668 Indian River Road, LLC Agenda Item 3 Page 9 II i Disclosure Statement Vi reinio Bead' If a Corporation, list the names ofall oftkers. directors, members, trustees, etc. below i'Attach fist if neressaro (g) I ist the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner `Arrach rise if riecessar}' 'F'are-il•subsidiary relationship' means 'a rrlatrsnchip that exists when one corporation direedy nr •,i,ieci1y owns shares possessing mwe than SO patent of the waiting power of another corporation.' 5Ee State an0 Local Governme,,1 Co+nt1[t or Into rsts Act Code 4 2 2-3H)1. 2 Affiliated business entity relationship means 'a relationship other Ilan parent-subsidiary relationship, that eX Sts Wien Iii Q ie USISirle S entity Itas 4 LcintrQflirl9 cwftershi{i interest in the{7th:) business entity. liil a controlling owner in one entity =;s arso a control)<nq owner In The ottser entry, or irl there rt shared management rx control o'ttween the business entities. Factors that should he ;tmsidrred nn ttetermining the existence of an affd+ated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common ar comm+,nyled funds ur assets, the business entities snare the ase of the carer offices or employees or otherwise share activities, resources ur personnel on a regular basis, or there is otherwise a Liuse working •elatioris!Ip between the entities.' Sec Slate ar :;sal Govrrnrnenl Conflict of Interests ALL Va CuJa § 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 YLS, please Identify the firm or individual providing the service. IF TfIL OWNER AND APPIICANT ARF DIFFERENT, EACH MUST COMPUTE THE SECTION SL LRAILLY Rage 3 of S 5668 Indian River Road, LLC Agenda Item 3 Page 10 ! 11 Disclosure Statement Iiii:3 Virinia I ,v:•h YES , I NO i ; SERVICE ' PROVIDER fuse ad/lrional sheets If rj ¢rd1 I 7- I I � Accountin and/or prepares of J,RI Stevenson IAccountan' 77 your tali return I X ❑ Architect/Landscape Architect/ Balzer a-a Assvclsles, Inc Ihrch,tectl l and PlannerI Lentz Law Group Contract Purchaser (if other than I 1'X 1 the Applicant) - identify purchaser and purchasers service providers i 1 Any other pending or proposed rl purchaser of the subject property L" (identify purchaserts)and purchaser's service providers) ElConstruction Contractors tau Lei [1 Engineers /Surveyors/Agents Alakeway Corporation Financing (include current Bank oo Hampton Roads • _ mortgage holders and lenders j X El selected or being considered to provide financing for acquisition or construction of the property) I 1 El Legal Services _ tents Law Group Valverde&Rowell Real Estate Brokers / Ed0 Agents/Realtors fur current and g Cvmmerr�a. Inc �J U 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 ---1 nan Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the rldnre of the uffrudl w eraipluyve dull veldt is the Itdturl of Ow interest? Pagr, 4©I 5 5668 Indian River Road, LLC Agenda Item 3 Page 11 I Disclosure Statement 1 ISIB 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- _._,. _ l/_'� r r� ,,f �` ,?/ icl ?. 4 / r Cl/F 00'.. APPLICANT'S SIcNA1uRE- PRINT NAME DATE 5668 Indian River Road, LLC Agenda Item 3 Page 12 Disclosure Statement 1113 34v 4, OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ZI ❑ Accounting and/or preparer of Holly Martin at Corbin &Company 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 1:1 ® 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 Irving B.Goldstein Real Estate Brokers / James R.Joseph at Harvey Lindsay ® ❑ Agents/Realtors for current and Commercial Real Estate 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 ❑ 111 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? 5668 Indian River Road, LLC Agenda Item 3 Page 13 Disclosure Statement IkA3 iruinia h, rh 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 _ Bernice Schoenbaum, Manager 4125116 OPERTY OWNER'S SIGNATURE PRINT NAME DATE 5668 Indian River Road, LLC Agenda Item 3 Page 14 II I Item#3 5668 Indian River Road, L.L.C. Conditional Use Permit 5668 Indian River Road District 2 Kempsville April 13, 2016 CONSENT An application of 5668 Indian River Road, L.L.C. for a Conditional Use Permit(Car Wash Facility) on property located at 5668 Indian River Road, District 2, Kempsville. GPIN: 1456-90-1977-0000. CONDITIONS 1. With the exception of signage,the site shall be developed substantially as shown on the plan entitled, "CONCEPT PLAN, 5668 Indian River Road,"dated 3/14/16,as prepared by Blakeway Corp. 2. The building shall be constructed substantially as shown on the plan entitled, "GRAND SLAM CAR WASH," dated 2016-01-20, as prepared by Balzer and Associates,with the addition of dormers constructed on the eastern building elevation, at a minimum, in a manner similar to the applicant's existing operation located at Edwin Drive and Independence Boulevard. 3. The existing legally nonconforming free standing sign may remain for the duration of the conditional car wash use. Should the site be redeveloped or used for a use other than the conditional car wash, the legally nonconforming sign shall be removed. • • _ . _ •- _ • - • - . . 4. The applicant will work with Planning Department Staff during site plan review to propose landscaping between the existing sidewalk and front lot line, in the public right-of-way of Indian River Road.This landscaping shall be approved by the DSC Landscape Architect and Landscape Management,and incorporate evergreen plantings reaching at least 3 feet in height. 5. The vacuums shown to the north of the proposed building shall be installed underground. 6. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention- seeking devices displayed on the site. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE II I Item#3 5668 Indian River Road, L.L.C. Page 2 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 3 for consent. Stephen Lentz appeared before the Commission on behalf of the applicant. rfril, u r if • 0 lI I i g va oc=3 _,-- 0 -z9„ .::___,, f V%!t o,..._........, ‘, _,,,., • KA. < mil. t 0 rit 4 • J r 0100 . C173 I 009 1 . ' is u � ‘ P 6 '° ' 0 CD L: .0.4 , ,,,. p ., ,_, ,__,,, r.,2, ...,_ilik,„ N l I • wol r Q0 Cl r. a gli Ili 4 CO • CD N VI1 0 Q Liwi 0 war C a (111 C7 N th ( Q [1:\I i' Q 'ID CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant / Owner] Change of Zoning from B-4 Mixed Use District to P-1 Preservation District. 2272 Old Pungo Ferry Road (GPIN 2309236398). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: May 17, 2016 • Background: In 2015, the City purchased the 20.24-acre parcel using funds from the Open Space Acquisition Program and the Agriculture Reserve Program. The site had previously been occupied by Captain George's Seafood restaurant. The City intends to repurpose the site as a public park, providing water access to the North Landing River. Improvements such as debris removal, removal of the existing pier, repaving the parking area, renovating the existing boat ramp, and increasing the beach area, will be done initially. As funding becomes available, additional improvements will be considered. • Considerations: The proposed change of zoning of the site to P-1 Preservation will remove the potential for significant development within the Floodplain Subject to Special Restrictions and an environmentally sensitive area. The use of the site as a public park will provide a valuable resource to the City and its residents. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no known 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. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depart - . gency: Planning Departmen City Manager: Applicant/Owner City of Virginia Beach Agenda Item Public Hearing April 13, 2016 City Council Election District Princess Anne 4 City of Virginia Beach Request Rezoning (B-4 Mixed Use to P-1 Preservation) Staff Planner 1 3 Kevin KempIIIyPurE°fere ns Location Puny hrrviem 2272 Old Pungo Ferry Road GPIN 23092363980000 Aora Drive Site Size 20.24 Acres AICUZPrincess Anne Road Less than 65 dB DNL Existing Land Use and Zoning District Undeveloped Land/B-4 Mixed Use Surrounding Land Uses and Zoning Districts North Ackiss Canal Undeveloped land/AG-1 Agricultural South Old Pungo Ferry Road1r 4 Undeveloped land/AG-2 Agricultural, I-1 Light -41 Industrial • East , Single-family dwelling and farm/AG-1 &AG-2 ' t� Agricultural ; 'ns West North Landing River l Undeveloped land/AG-1&AG-2 Agricultural V.0 Fe*€rSr•►to, City of Virginia Beach Agenda Item 4 Page 1 Background and Summary of Proposal • In 1966, a Conditional Use Permit was approved on the subject site for 53 cabins, a marina and marina sales and repair services. • In 1976,a restaurant (previously Captain George's)was constructed on the site. In 1989,a second building was constructed on the property and contained a convenience store, restroom facilities and a laundry room. • In 2007, a Modification of the Conditional Use Permit and a Floodplain Variance were approved to allow for the redevelopment of the site with a 92,307 square foot boat storage facility and a 3,000 square foot restaurant, pool and recreation area. This plan never came to fruition. • In 2015,the City of Virginia Beach purchased the property using funds from the Open Space Acquisition Program and the Agriculture Department. • The City of Virginia Beach proposes to rezone the property with the intent of converting the site to a public park, providing water access to the North Landing River. The proposed improvements are listed below: o The boat ramp will be renovated and surrounding piles will be cut to be level with the surface of the water; o The concrete foundation from the previous restaurant building has been removed; o A portion of the previous parking area has been repaved; o The existing pier towards the rear of the site will be removed (the building that previously existed has been removed already); o The area at the rear of the site will be cleared of debris and reseeded where appropriate; o The existing beach area will be expanded, improving water access for the public; o A new guardrail has been installed along Old Pungo Ferry Road; and, o A fence will be installed limiting public access to the marina area. (In the future, should the marina area be renovated,access to this area will be provided.) • Future improvements on the site will be completed as additional funding becomes available. The future improvements may include, but are not limited to, restroom facilities, installation of a structure for food sales and boat rentals, and the renovation of the marina area. City of Virginia Beach Agenda Item 4 Page 2 1 • AG-1 AC 1 Zoning History j 'a,.T a o # Request o t 1 CUP(Home Occupation-Fitness Studio)Approved a ' 03/25/2014 J� - B-4 0Ar ° q�F 2 FVR Approved 12/11/2007 i-;. 2 n .-i; �a,.: MOD(to CUP approved 04/11/1966)Approved "_`_' c, •,'"`" .,, - AG-2 , • 12/11/2007 /G-2 •'`� . -A�-2 _ ssi CUP(Marina)Approved 04/11/1966 A�'.2 ..iiiiisfitAG-1 --_ Pungo F AG-22 A_-- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject property is located on the North Landing River and the City's Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities,wetland banks,fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental,scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures (pp. 5-1 to 5-4). The Green Sea Blueway and Greenway Management Plan, adopted by reference as an amendment to the Comprehensive Plan, presents a long-term management strategy that protects,conserves and manages a unique system of natural resources,open space areas, and selectively chosen recreational uses, activities and facilities. The Plan's strategy includes a facilities development and management component with the goal to expand and sustainably maintain an integrated system of recreational facilities and support amenities that accommodate a variety of user needs and interests through the use of environmentally friendly practices and materials. Natural and Cultural Resources Impacts The site is located within the Southern Rivers Watershed Management Area. The site is completely within the Special Flood Hazard Area and is heavily impacted by storm events. The removal of the buildings that previously existed on the site significantly decreases the amount of impervious cover and provides a less intensive use than what has been on the site for the past 40 years. Additionally, proposed restoration of the natural habitat will have a positive impact on natural resources. City of Virginia Beach Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No existing traffic No existing traffic Existing Land Use 2—14,087 ADT Old Pungo Ferry Road counts are available for counts are available for Proposed Land Use3 —32 ADT this roadway this roadway weekday, 324 ADT weekend 'Average Daily Trips 2 as defined by B-4 zoning-20.24 3as defined by a City park-20.24 4 LOS=Level of Service acres acres Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Old Pungo Ferry Road in the vicinity of this application is considered a two-lane undivided local street.The existing infrastructure currently resides in a variable width right-of-way. It is not included in the Master Transportation Plan. There are no roadway CIP projects slated for this roadway. Public Utility Impacts City water or sewer service is not available in this part of Virginia Beach. Private wells and septic systems will be required by the Health Department if restroom facilities or a snack bar are ever provided. Evaluation and Recommendation The proposed change of zoning of the subject parcel from B-4 Mixed Use to P-1 Preservation is recommended for approval. Converting the site to a public park is, in Staff's opinion, a positive redevelopment of a site that will provide a valuable resource to the City and its residents.This proposal is consistent with the Comprehensive Plan's goals for the Rural Area and restores portions of the 21-acre parcel back to its natural state. The proposed change of zoning and conversion of the site to a park removes the potential for significant development within the Floodplain Subject to Special Restrictions. Preserved open space, such as parks, are a desired and encouraged land use within the floodplain. Additionally,should Virginia Beach join the FEMA Community Rating system, a program that provides residents a discount on their flood insurance premiums, projects such as this would provide the credit necessary to achieve greater discounts. The existing commercial zoning on the site is, in Staff's opinion, not appropriate given the site's location in the Floodplain Subject to Special Restrictions and in an environmentally sensitive area. Commercial uses, as previously existed, do not adequately protect a parcel that is a valuable natural resource for the City and its residents. Changing the zoning on the site to P-1 Preservation, restoring portions of the site to their natural state, and creating a public park for residents to enjoy and access the North Landing River while minimizing impacts to the floodplain. City of Virginia Beach Agenda Item 4 Page 4 1I Proposed Site Layout PCKISS .1.� - \\ erV«a 31,NOM D WWI'[.xrt., ,�.- 1 I i '/- F,,..y, f P ZLa.AI,s p DRAMIX.IA r1Alq ! ? .01,P t Id i s limo.� � • i'" J �ufK fes.s/iy�T 0 i . I J { .f 5 Y ,`• ~� ]6w _44 ,02.11.a..scwr i ` ,•40.1 fR.aJQ ar.w I�0°fwltf01JY°f a tw«a - -4arDa J7f.W.r11�� 1A .* t .« RNL 0.!1111• i W,„..„ 1; .:”` re""t J w a1+a s EDGE OF WATER ` ,.."''y _ ,o,1rw r Pana } a 1210 RE ■.,rr,.«:,w s SING MARINA ri«rs_ e'1°ia ■ Iowa.•••• PR R TO BE RESEED AREA ''°"°" C. REMOVED i (TO BE FENCED OFF TO PUB!C)! ""' CC T 5 ..CO•12.202,k. r01.1 11.1r Ctt%Co 01 fP.u1°Lr y:1J 14.01 101,-;1 0 «.S F m =M 71 LE ■ T ,910 I ,. Y 'l— By cc arn'rD'e w"PILES CU� S ,nal, .110`°0."11 OF..r. a J";"r« o.01.4,1 h W} f l _- usr S 0a r:k ►1r f u»xaJewl 1 ;n - aa■a 1ar.ai. r n O 91/ATER ra« •W«rr 1,.. O«>n1=3..v+, `° ft...cows, V PATHWAY �/ .a+.�i«.o «ooe+sr 'c Z TO REMAIN L`�-E41 �" - •nens3D• rn":a`o„r0 -ow t •..A^11 F� ,1c71 K - rias.lmri> zo— 1 gh RENOVATE ;�� :rj i _00 10.110 • .5.u e r�a.r -.o.a MM.! .•90124• AREA TO E , c +� BOAT RAMP s°°1«. li u,h •._ QCLEARED g i... POND ':•".1.7 > r re "a n-Fora OR PUBL a a'.' '.~ J11F]�Y«r 'M I BEACH g 1 j PARKING ■ec , 11` 2I F- III / AREA sk `r. u 111 Aaaa S . art -L14.IS. CC i. (PAVED) x N '«%c..•. +syr"s o�'irc�s ...r. W a 'i,�C f. «oR y z .xars�s SSW DtvaortD.r. r� _'" i `r +'. +...m__ .l��Gre_,[�.{ art 11-.1-IS cm4 m1.On a Mpw-12x.. W Y%24.I «xao.rFon.u.n .6 Tr ,k ROAD 2-••22' -• : ISM S 011202•. •.13112.2.11.1 R1•: pUN d_«a .,11110,0 _ s 212x0. s arse•.a NEW GURDRAIL OI.D r�N ` Taal CSC P,a1oo rcART kC.li■Aki"' � „s,. 121«' (Y'+k1°SFDe,3w-»,l(, n[ Wwrs Lts we O. ' (SN P.n ..rrf •1Q OQr.F.«t 0016 010(..o tK was• CM Of 5 SIA KAO. aw..Jfa[ 4R«a 1 :+ r«a1r �` t.:i'_-i-1 nca+o.aeric acus[Rivtw.c.ra.P.vw:� •.... •, a+.a.anna araw xaw. Ma !'.NW ,..• 5.,L __.... City of Virginia Beach Agenda Item 4 Page 5 AERIAL ,1/4117r1:'' r` ' ' li''4;:i''' '"::tr''tt'i ';'. 1 1 '''4 ' i it '' i1ay ) i ", r X I I ' I IIi BUILD! AND I '�!�!`",• °f PIER VE „ MARINA, , I ,1 1 i s -. r°' 15 EEG ' ' BEE I , I , I} ; y 1 `... REMOV:0 `. `. #; r' ' �, —' 1u t 'lik .. ,� _� ATER APPROXIMATE LOCATION OF FENCE ` r--;tLEVEL '. F t „ a ti BOAT RAMP w ° `. a. .., POND CONCRETE �: y t BEACH HAS BEEN 5' REMOVED .t" PARKING AREA REPAVED -,,c , J, ., .14 le* -moi- OLD PUNC,O FERR it(dAD. r City of Virginia Beach Agenda Item 4 Page 6 Site Photos � * g;, ..4 y rr • .peg ` . Parking Area to be paved rGc .V R *. 'tea l 01.41 :I. ...:64„...,L,' r,r,.., '- —0 ...00, . . �� ` YNew guardrail along 00,.._ t Old Pungo Ferry Road . .;, r ; City of Virginia Beach Agenda Item 4 Page 7 Site Photos . * _-- t pr g ..,......- ,,:f,;,,tli ,'''-, _",, ,.'t:,. - _ - ,____. y �y :C "1§x hz i x / m 1v }'��5p 9ts. � C�y `;4 22 {{qq ,itof .t T'M YV t '� Boat Ramp to be - �� renovated i r a ..-.:: '.,' '---1 Boat Ramp to be N _ renovated City of Virginia Beach Agenda Item 4 Page 8 Site Photos r t _,,,,,,., ,0. ,,, , , I: , ,,,(4 Beach Area expanded for to pubbelic use , * ,,,:,.., 11.0:1 4g 1 ' e r, F� kz,.I akani Cf N�{ N 'i ; �3l',I pp IItt k 14, , , ,,,133t A iiilloil . , :, ., i on., 1 I ' ikl,( ai' tis ri, 3 � i« I 1 { t r Ks ,,(1,,,,4',' *t $A j1' I �l ,d trtf/ , r P-�rje, Pathway will remain I T ,tri1{ y tr t sem{ "Pip �. -4 I. � Ir it,.0 .r City of Virginia Beach Agenda Item 4 Page 9 I Site Photos - ii to 1'1, ro 'r - y r c V144.4 s. a*. ryt x 3 4 j d syyaV {rpt `;.t RR 4F ;kl *� �f Fx! t"�� � A, 1,t ° .t ' 100: L 4r J '`� fi, ' `i'`,,111�r+` f t Piles to be cut level to '. ,,� � `- T � . '� �. " the water surface v 41111PI:. :---' ''' —.LP ti ; i. e,.. . ' _ Pier to be removed 1 . @� a'«,, : '{' 1 City of Virginia Beach Agenda Item 4 Page 10 Site Photos moi; t r , 4« ''�. a, $. f} i a "# i ( w e C ! ti if N - F. m u Marina area to be rf i , � . 4` '....' I.'-''.,,'4, ` * .'' .,"-. < 'w¢' ri a renovated at a later ' , -'..' �'•, *^ -, date �r , FSf;tie.1 ,' "i } '.2 rp' ..141 ' 'S;ay..2 .r.�,,`.i. "— •4 wa''C`'', r et - viis+'- .- ' x. ''..`1:4-- R'ar µ' �/ ; '°� w pp'ma—' � '1-- ' eer ...._.......... . __„.. . • ". y4x ,..._:,.. , , ..t;a � r � . .„.,..,.........„.;..,s.... ....,....,. _ .., L C,,' ''` Mir -:!-:'-'f:' V. 41* .e tiff �� a,t .4t�44%. in ' - f Pond to remain City of Virginia Beach Agenda Item 4 Page 11 1 Site Photos 4 * 4 wr . -' Existing parking spaces 7{.4 4 % > yi4 t *.t` � "oat M on Old Pungo Ferry -F 4 a 7; -' . 1,-ti 4r. -,, t w< m I," r Road c`F.* ''..-„4,' "t, '' r r • - r F 4 jji. --- ,_ .F i i <: j. i View of the Pungo ii Ferry Bridge from the ��1 j, Beach Area • City of Virginia Beach Agenda Item 4 Page 12 ! I II I Item#4 City of Virginia Beach Change of Zoning 2272 Old Pungo Ferry Road District 7 Princess Anne April 13, 2016 CONSENT An application of the City of Virginia Beach for a Change of Zoning from B-4 Mixed Use District to P-1 Preservation District on property located at 2272 Old Pungo Ferry Road, District 7, Princess Anne. GPIN: 2309-23-6398-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN 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 4 for consent. I.i-, 7:,..12, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to adopt the City of Virginia Beach Comprehensive Plan, It's Our Future: A Choice City, 2016, including the Policy Document, Technical Report, Reference Handbook, and all plans incorporated by reference which will supersede the 2009 Comprehensive Plan. MEETING DATE: May 17, 2016 • Background: The Planning Commission is required under Virginia Code Section 15.2-2230 to review the adopted Comprehensive Plan at least once every five years to determine whether it is advisable to amend the plan. The Planning Commission commenced its review of the City of Virginia Beach Comprehensive Plan, It's Our Future, adopted December 8, 2009 (as amended), in June 2014 and has completed its work. The Planning Commission recommends amendments to update the Comprehensive Plan. The plan was reviewed and a recommended update prepared using a broad public engagement process. The Planning Commission and city planners hosted five public open houses around the city and held a Virtual Town Hall session with a citizen survey in October and November 2014. Staff from 19 City departments also participated in two workshops to provide input. Through these forums, citizens and City staff shared opinions about the City of Virginia Beach and the Comprehensive Plan, including what may need improvement. After consideration of all of the public staff input gained through the process described above, the Planning Commission reviewed each chapter of the 2009 Comprehensive Plan during the period of February 2015 through June 2015. Along with City staff, the Commission studied existing conditions, recent and projected trends, and new state planning mandates. In addition to being responsive to public input, the Commission established several desired outcomes for this plan update as follows: • To build on the strengths of the current Comprehensive Plan with an updated plan that is appropriate for this present time and looking ahead to the year 2040; • To address new state planning mandates approved by the General Assembly since December 2009; and, II City of Virginia Beach Comprehensive Plan Page 2 of 3 • To align the plan with the goals of Envision Virginia Beach 2040 (endorsed by City Council in 2013), the region's 2040 Long Range Transportation Plan, and the City's Community Plan for a Sustainable Future (adopted 2013). An initial draft plan was prepared in November 2015 for Planning Commission and City Council review. Subsequently, a public review draft was prepared. Citizens were invited to review the draft Plan and provide feedback during the month of January 2016 through a multi-media campaign involving a free mobile app, public information displays at the public libraries, various Parks & Recreation Centers, and Tidewater Community College. Three public meetings were also held around the city during January 2016 and the draft plan was posted on the Comprehensive Plan webpage at www.vbgov.com/2016CompPlan. The Virginia Department of Transportation (VDOT) was also provided a copy of the draft Plan to determine the plan's compliance with Virginia Code Section 15.2-2222.1. All public feedback received on the draft Plan was presented to the Planning Commission in February 2016 and a Final Draft Plan (dated February 24, 2016) was prepared based on this input. • Considerations: The Comprehensive Plan Final Draft is comprised of three parts: a Policy Document, a Technical Report, and a Reference Handbook. The Policy Document is organized to provide long range planning guidance for the City's five Planning Areas: Urban Areas (Strategic Growth Areas), Suburban Area, Princess Anne Commons & Transition Area, Rural Area, and Military Installations & Support. This is followed by policy guidance for four city-wide elements: Master Transportation Plan, Environmental Stewardship Framework, Housing & Neighborhoods Plan, and Economic Vitality. This guidance is presented in both a Planned Land Use Map and through a series of written policies. The end of each section of the Policy Document contains a list of "Agenda for Future Action Recommendations" or steps that should be taken following adoption of this Comprehensive Plan. The Technical Report provides a snapshot of existing conditions, emerging trends, and projections. The data found in the Technical Report is presented by topic with associated maps. It also contains a Cost Estimate Summary for all roadways shown on the Master Transportation plan's Primary Roadway Network Map in the Policy Document. The Reference Handbook contains important reference documents associated with the Master Transportation Plan, a listing of Design Guidelines based on where development is being considered or by type of development, and a listing of all documents that have been adopted by reference as part of this Comprehensive Plan. A copy of the Final Draft Plan, dated February 24, 2016, was provided to City Council in early March, prior to the Planning Commission and City Council conducting their public hearings for adoption. The Planning Commission held public hearings on March 9, 2016 and April 13, 2016. The City Council held a public hearing on March 15, 2016. VDOT provided the City with its review comments by letter dated April 29, 2016, which are attached for reference. City of Virginia Beach Comprehensive Plan Page 3 of 3 • Recommendations: Support and opposition was present at the Planning Commission public hearing on April 13, 2016. The Planning Commission passed a motion by a recorded vote of 11- 0, to approve the City of Virginia Beach Comprehensive Plan, It's Our Future: A Choice City, Final Draft (dated February 24, 2016) with a list of revisions and an addendum to the revisions, the addendum being based in part on additional public comments received during the public hearing. The Planning Commission also passed a resolution by a recorded vote of 11-0 recommending to the City Council adoption of the Comprehensive Plan as approved by the Planning Commission, including the list of revisions and addendum to the revisions to the February 24, 2016 Final Draft Plan considered by the Planning Commission on April 13, 2016, Policy Document, Technical Report, Reference Handbook and all plans incorporated by reference which will supersede the 2009 Comprehensive Plan, and certified a copy to the City Council of the same. • Attachments: Ordinance Planning Commission Resolution Approved Revisions Addendum and Approved Revisions List Staff Reports Minutes of Planning Commission Hearing VDOT Review Letter Recommended Action: Staff recommends approval. Planning Commission recommends approval (11-0). Submitting De gency: Planning Departmer City Manager: II 1 AN ORDINANCE TO ADOPT THE CITY OF VIRGINIA 2 BEACH COMPREHENSIVE PLAN-IT'S OUR FUTURE: A 3 CHOICE CITY, 2016, INCLUDING THE POLICY 4 DOCUMENT, TECHNICAL REPORT, REFERENCE 5 HANDBOOK, AND ALL PLANS INCORPORATED BY 6 REFERENCE WHICH WILL SUPERSEDE THE 2009 7 COMPREHENSIVE PLAN 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice require: 11 12 WHEREAS, the purpose of the Comprehensive Plan (the "Plan") is to guide and 13 accomplish the coordinated, adjusted and harmonious development of the City which 14 will, in accordance with present and probable future needs and resources, best promote 15 the health, safety, morals, order, convenience, prosperity and general welfare of the 16 City and its citizens, including the elderly and persons with disabilities; 17 18 WHEREAS, the Planning Commission, in concert with the Department of 19 Planning, conducted numerous work sessions and an extensive outreach program, 20 including on social media, in order to determine the existing conditions and trends of 21 growth, the probable future requirements, the needs and desires of the general public 22 and business, environmental, military, agricultural, cultural and other groups; 23 24 WHEREAS, on April 13, 2016, the Planning Commission held a public hearing 25 and recommended the adoption of the 2016 Comprehensive Plan, including the 26 revisions and the addendum to the revisions made by the Planning Commission and 27 certified to the City Council, superseding the previous Comprehensive Plan adopted by 28 the City Council on December 8, 2009, and thereafter amended, in accordance with the 29 requirements of Article 3 of Chapter 22 of Title 15.2 of the Code of Virginia, and certified 30 the attached copy to the City Council; and 31 32 WHEREAS, the certified copy of the Plan is in compliance with the required 33 provisions of the Virginia Code Sections 15.2-2223, 2223.1, 2223.2, 2223.3 and 2224. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That it hereby adopts the 2016 Comprehensive Plan, "The City of Virginia Beach 39 Comprehensive Plan-It's Our Future: A Choice City, 2016," attached hereto and made 40 a part hereof, including the List of Proposed Revisions and the Addendum to the 41 Revisions to the February 24, 2016 Final Draft for Consideration, the Policy Document, 42 the Technical Report, the Reference Handbook and all provisions of the incorporated 43 plans that are not in conflict with the provisions of the 2016 Comprehensive Plan. 44 45 Adopted by the City Council of the City of Virginia Beach, Virginia on this 46 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (j4i4 f1 n annning D-.art m nt City Attorney's Office CA13570 R-1 April 27, 2016 2 1 A RESOLUTION OF THE PLANNING COMMISSION OF 2 THE CITY OF VIRGINIA BEACH RECOMMENDING TO 3 THE CITY COUNCIL THE ADOPTION OF THE CITY OF 4 VIRGINIA BEACH COMPREHENSIVE PLAN-IT'S OUR 5 FUTURE: A CHOICE CITY, 2016, INCLUDING THE 6 POLICY DOCUMENT, TECHNICAL REPORT, 7 REFERENCE HANDBOOK, ALL PLANS INCORPORATED 8 BY REFERENCE WHICH WILL SUPERSEDE THE 2009 9 COMPREHENSIVE PLAN 10 11 WHEREAS, the purpose of the Comprehensive Plan is to guide and accomplish 12 the coordinated, adjusted and harmonious development of the City which will, in 13 accordance with present and probable future needs and resources, best promote the 14 health, safety, morals, order, convenience, prosperity and general welfare of the City 15 and its citizens, including the elderly and persons with disabilities; 16 17 WHEREAS, the Planning Commission, in concert with the Department of 18 Planning, conducted numerous work sessions and an extensive outreach program, 19 including on social media, in order to determine the existing conditions and trends of 20 growth,-the probable future requirements, the needs and desires of the general public 21 and business, environmental, military, agricultural, cultural and other groups; 22 23 WHEREAS, on April 13, 2016, the Planning Commission held a public hearing 24 and recommended, the adoption of the 2016 Comprehensive Plan, including the 25 revisions and the addendum to the revisions madeby the Planning Commission and 26 attached hereto, superseding the previous Comprehensive Plan adopted by the City 27 Council on December 8, 2009, and thereafter amended, in accordance with the 28 requirements of Article 3 of Chapter 22 of Title 15.2 of the Code of Virginia, and certified 29 the attached copy to the City Council; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING. COMMISSION OF 32 THE CITY OF VIRGINIA BEACH, VIRGINIA: 33 34 That it hereby recommends the adoption of the 2016 Comprehensive Plan, "The 35 City of Virginia Beach Comprehensive Plan-It's Our Future: A Choice City, 2016," 36 attached hereto and made a part hereof, including the List of Proposed Revisions and 37 the Addendum to the Revisions to the February 24, 2016 Final Draft for Consideration 38 by the. Planning Commission on April 13, 2016, Policy Document, Technical. Report, 39 Reference Handbook and all provisions of the incorporated plans that are not in conflict 40 with the provisions of the 2016 Comprehensive Plan and certifies the attached copy to 41 City Council 42 43 AAopted by the Planning Commission of the City of Virginia Beach, Virginia on 44 this It day of 9k,pri k , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 411. ping ment Cit °.I:rney s •ffice DF9259 R-6 April 13, 2016 2 Addendum to List of Proposed Revisions to February 24,2016 Final Draft Considered and Approved by the Planning Commission on April 13,2016 Policy Document Chapter 1,Section 1.2—Urban Area—Pembroke SGA • Page 37: Following the bulleted list of"Programmed and Funded Capital Improvement Projects (CIPs)"which ends at the top of this page, insert a new section as follows: AGENDA FOR FUTURE ACTION RECOMMENDATIONS o Prepare a Master Transportation Plan for the Pembroke SGA using a public process that involves the adjacent neighborhoods. Chapter 1,Section 1.3—Suburban Area • Page 40: Add a bullet to the list of"Agenda for Future Action Recommendations—Suburban Area"which reads: "Using a public process involving area stakeholders,study the Historic Seatack Community and Vicinity area for potential designation as a Suburban Focus Area (SFA) with associated land use recommendations." Chapter 1,Section 1.5—Rural Area • Page 9: In the section"RURAL PRESERVATION PLAN" insert the following sentence after the bulleted list of planning objectives for the Rural Area: "The City's commitment to directing new growth into the Strategic Growth Areas(SGAs)and Special Economic Growth Areas (SEGAs)is complementary to these Rural Preservation Plan obiectives." Chapter 2,Section 2.1—Master Transportation Plan • Page 5: Revise the third sentence in the second paragraph under"Primary Roadway Network Plan Map"as follows: "The City has contracted with the ODU Virginia Modeling,Analysis, and Simulation Center(VMASC)...." 1 I EXHIBIT A Policy Document Chapter 1, Section 1.3—Suburban Area Page 36: Suburban Focus Area 8—Military Highway Corridor Map Replace existing map with the following map: CITY OF NORFOLK .4 Oq .till ;1 .nom• � ,:, . .( RI" ..... .... ..., 11 /:. � IV) i z. ita __ mOb A ot ,7.--i . x I� a� •\/..,•__"J. 4411)41:,,, ,,1 r�1 d., .+ CITY OF CHESAPEAKE s \n, :/;'�I/ .+ '�_ l 4'1, : ..,� 750 „!�rti-:.: :.,1,:,....1-,, t i r 0 <V . .,, to 2 List of Proposed Revisions to City of Virginia Beach Comprehensive Plan Update It's Our Future: A Choice City (Policy Document,Technical Report,and Reference Handbook) Final Draft dated February 24,2016 Considered and Approved by Planning Commission on April 13,2016 Policy Document Chapter 1, Planning Areas-Section 1.1-Planned Land Use Map • Page 2: Delete and Replace "Planned Land Use Map" (see Exhibit A) Chapter 1, Planning Areas-Section 1.3-Suburban Area • Page 2: 2nd paragraph, 2nd sentence "Chapter 7 Chapter 2,Section 2.1 (Master Transportation Plan)describes..." • Page 7- 15`paragraph, last sentence "Chapter Eight Chapter 2,Section 2.2—Environmental Stewardship Framework..." • Page 8: At the end of the section, "Apply Natural Resources Planning Principles in Development" add the following: Southern Watershed Subject to"Special Drainage Considerations" In addition,the Southern Watershed portion of the Suburban Area is subiect to"special drainage considerations." Drainage in the Southern Watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters. Therefore, it is incumbent upon the developer of any property in the Southern Watershed to understand and evaluate these factors prior to undertaking the project and to properly account for these factors in the project design. Receiving waters in the Southern Watershed are subject to tidal influences which can be exacerbated by winds. High ground water elevations and poorly draining soils can result in increased runoff,can limit the capacity of the stormwater conveyance systems,and can counter indicate the use of certain Best Management Practices,such as infiltration. All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watershed. Accordingly, it is strongly recommended that the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by-right) development application that involves that land disturbance in the Southern Watershed. The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas. The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. 1 II • Page 10: 3`d paragraph: "There are-9 8 SFAs designated in the Comprehensive Plan,which can be found on the locator map on p. 11:" and delete item#9:9. Histo. S„atack Community Note: The description of the Historic Seatack Community has been relocated to the Technical Report, Chapter 10—Historic Resources to be included in a narrative on the City's history. • Page 11: Delete and replace Suburban Focus Areas Locator Map. (see Exhibit A) • Page 36:SFA 8—Military Highway Corridor Map Remove one of the City of Chesapeake labels on the map; replace with "City of Norfolk" (see Exhibit A) • Pages 38-39: SFA 9—Historic Seatack Community—delete all text, map,and photo. • Page 40 : Agenda for Future Action Recommendations: insert Suburban Area Add new bullet to read: Study the area between Holly Road and Pacific Avenue,north of 32nd Street to 42nd Street(the southern boundary of North End SFA)to determine need for infill development and redevelopment policies and design guidelines. Chapter 1,Section 1.4—Princess Anne Commons&Transition Area • Page 7: "Southern Watershed Subject to Special Drainage Consideration",second paragraph remove italicized text and the following changes: All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds. Accordingly, it is recommended that . _ . . . _ - . . . . •-• . _ .. . •• •- _. •- • A . - _ ,the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by right)development that involves land disturbance in the Southern Watershed. The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas. The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. Chapter 1,Section 1.5—Rural Area • Page 2: 1st Paragraph (Description—Physical Character) "It is a treasure in agricultural industry and economic vitality, rural heritage,and wildlife habitat, . ... . . . ' . .. . - • . . In its current state, it functions as a critical part of our City today.The Rural Area land use policies..." 2 1 • Page 14: 1st paragraph top of page, revise as follows: A recent change in sState law now requires local governments to approve single-family residential development plans on parcels where the Virginia Department of Health has approved the design of an Alternative On-Site Septic System (AOSS), regardless of soil quality. -- • . . . - - -- . Nonetheless,the City maintains its Rural Area density policies for calculating allowable density. However,Tthe discretionary determination by City Council to issue a Conditional Use Permit for residential development should also take a number of factors into consideration to determine density, including, but not limited to, adverse impact on agriculture,the presence of floodplains,groundwater table elevation,and drainage, roadway,and other infrastructure conditions, in addition to soil suitability foret44 • Page 14: "Southern Watershed Subject to Special Drainage Consideration",second paragraph remove italicized text and revise as follows: All of these effects must be fully considered and evaluated in the analysis and design of drainage systems in the Southern Watersheds. Accordingly, it is recommended that - . _ - . . •-• . _ ._ . • • - _. •- • . . - --- ,the developer has a preliminary drainage study prepared by a qualified professional engineer in advance of any request to approve a discretionary(versus by right)development that involves land disturbance in the Southern Watershed. The drainage study should fully and accurately evaluate the effects of the foregoing factors on the planned development and on upstream and downstream areas. The proposed drainage system for the planned development would provide positive drainage that meets City standards and does not result in flooding within the planned development or to upstream or downstream areas. • Page 17—"Agenda for Future Action Recommendations" Revise 1st Bullet as follows: Review Section 402(b) of the Zoning Ordinance (Agricultural Districts)for possible amendment to address Code of Virginia Section 15.2-2157(c)a44€1.because it limits density by reference to how well different soil types can accommodate a traditional on- site septic system. Therefore,tThe City should use other means consider factors other than soil types to limit density • - • -• • . • - • •• . - - - - -- • - =, •• __ - - _ ' . - - _ . . _ . _ - - - - , including, but not limited to, adverse impact on agriculture,the presence of floodplains,groundwater table elevation, and drainage, roadway, and other infrastructure conditions. Revise 5th Bullet as follows: Using stakeholder input and community consensus-building, prepare a Master Plan for the Pungo Rural Village to determine the type and form of future desired growth. An important aspect of this planning process should be to anticipate when that growth might reasonably be expected to occur. 3 o Conduct a study for Pungo Rural Village to determine if the existing on-site systems should be used if Rural Area development policies remain at the current density limit,or if such systems cannot be repaired or rehabilitated using AOSS technology if they are found to be failing. If it is found that existing onsite systems are failing and cannot be repaired,or if development with increased density is anticipated (or desired)to such an extent that onsite technology will not work, a conduct study should be conducted to determine the need for,technology options,and feasibility for providing public sanitary sewer treatment systems for the Pungo Rural Village.The study should also investigate and evaluate the feasibility and cost of various alternatives. Chapter 2,Section 2.1—Master Transportation Plan • Page 6—Changes to Primary Roadway Network Map corresponding to changes noted for p. 9 (see below) re: Military Highway and portion of Shore Drive. (see Exhibit A) • Top of Page 9 —Added Military Highway to list of roads with increase in ultimate lanes on Primary Roadway Map. Added portion of Shore Drive to list of roads with decrease in ultimate lanes on Primary Roadway Network Map. (see Exhibit A) • 3rd line of page 14—Corrected opening date of the Norfolk"Tide" Light Rail Transit system. (see Exhibit A) • Second bullet to the bottom of page 15—Corrected description of future proposed transit"Red Line"to reflect change made to map showing proposed alignment solely within Virginia Beach. (see Exhibit A) • Page 17—Delete Map(see Exhibit A) • Page 18—Includes new"Virginia Beach High Capacity Transit Map" (see Exhibit A) • Page 21—Added text after map title to explain that yellow lines refer to new bus routes. (see Exhibit A) • Page 23—Amended second sub bullet of bullet one to reflect new description of future proposed transit"Red Line" in Virginia Beach. (see Exhibit A) • Page 25—Delete"via the rail corridor" in the bullet describing"South Hampton Roads Trail"and delete map exhibit. (see Exhibit A) • Page 26—Add new South Hampton Roads Trail Map exhibit. (see Exhibit A) • Page 28—Deleted and added text to second paragraph to update information regarding the Norfolk Airport EIS (see Exhibit A) 4 Chapter 2, Section 2.3—Housing& Neighborhoods • Page 1: Introduction, 1st Paragraph, delete the last three sentences as follows: The purpose of this chapter is to provide comprehensive planning policies to guide and protect the future character of housing and neighborhoods citywide. A key indicator of every successful city is how well it safeguards the health and quality of its housing and neighborhoods. As defined in the Suburban Area Chapter, neighborhoods are"...a cohesive arrangement of properties,structures, streets, and uses within an area that most or all of which is residential, and that shares distinct physical, social and economic characteristics." Thus, housing and neighborhoods are discussed as one entity in this chapter as a cohesive arrangement, intertwined in affecting the existence of stable neighborhoods that thrive in the context of quality housing and civic pride of the residents. _ - _ -, - - - - - • - _ • establishing civic leagues, is a vital tool for encouraging residents to be involved with this represented the Seatack community for over 100 years. Seatack is one of the City's twelve historically African American neighborhoods. See page 2 for a map with the general locations of these African American neighborhoods. • Page 2: Delete map"Historically African-American Neighborhoods" Note: This map is being relocated to the Technical Report, Chapter 10—Historic Resources to be included with the narrative on the City's history. Chesapeake Bay --.` ....1 City of Nor.,;. ` 465 3 10 Atlantic Ocean �>✓��a 6 joil11 & iiirkigiesP.,imew---; . - 12 1--itglt. '7. 4111 - '', ' • IN ii .„,„,,Iiirik1/4 Avk 1 i I,MIlltobilrill L,,,, ,,,,..4111111E CKY of ChesaAeake, -i H:stoncally African-American Neighborhoods „t.r,,.-'' 1 Queen C ty 2.Newlight 3.Burton Station 4.Lake Smith • 5.Beechwood 8.Gracetown 7.Newsome Falrr 8 Reedtown 9.Doyletown , 10.Mill Dam 0 1 2 4 11 Atlantic Palk Melees 12.Seatack 5 I �I Technical Report Chapter 10, Historic Resources • Pages 214—217: Replace"History"section (see Exhibit A) 6 EXHIBIT A Policy Document Chapter 1, Planning Areas-Section 1.1- Planned Land Use Map Replace Planned Land Use Map with below map City of Virginia Beach Chesapeake Bay l T. ,.•r:,. 0 0.5 1 2 3 4 5 Moes Strategic Growth Areas 1 Burton Station `2C 2 Centerville 3 Newtown 0r 4 Pembroke 5 Rosemont 6 Lynnhaven 7 Hilltop 'i` 8 Resort Area .. hp , K i _ , t 1111 , _ , 111 C , <'� ��'_� Atlantic Ocean cps ' )i.,ik. a� d4 P e tt it 4 a e1, V. Pe Legend Back Bay f opt Strategic Growth Areas i( Special Economic Growth Areas Suburban Area Suburban Focus Areas Transition Area Rural Area il ( Military Instailabons ` •Federal and Slate .' ` Water 4' A,. •• Greer Line North Carolina Planned Land Use Map 7 Policy Document Chapter 1, Planning Areas -Section 1.3 -Suburban Area Page 11: Replace Suburban Focus Areas locator map with below map Chesapeake Bay N City of Norfolk lik ,4, SFA 1 Areas 7 • \ Atlantic Ocean ISL � 5 f t 1111/1111111141V tt��*�� �.,: _.ala . 264 .411111 . z 264 }y iblA 64 1 11111 tiell 1 '-'' A „., V, `r ft, SF Areas Rti � cFR rOs r NECF, ���QHHN ; i , A0 H Hf '” ti 4 Ch 1 �r�'1rpM Ilic City of �• �'9r,_ esapeake , ,r,.4c),"`ko _ ti9,N,, �(R4 Suburban Focus Areas • 6 1. Shore Drive Corridor Q 2. North Courthouse South Holland 3. Historic Kempsville Area 1 Z 4. Virginia Aquarium and Owls Creek Area 76 a x '' 5. First Colonial Medical Corridor " 6. Sandbridge 7. North End 0 1 2 4 8. Military Highway Corridor Miles 8 Policy Document Chapter 2, Section 2.1—Master Transportation Plan Page 6: Map Insert: Replace Primary Roadway Network Plan Map with below map Crty of Vrginfa Beach Comprehensive Plan Chew.3e Boy Y DRAFT 14.13 2016 AtO r° �w • .47,,,,.4� 1 AfWnte Ocean A.� • a fillater .. � ,e.. 1 ,mg-lp • • • CT Z o ' i •10, .a inMrnor AA al up Ip,n North Carolina --u>eontrot osa we v , w e.n~..�.,raterm R•.a . 0r 3 myny Primary Roadway Network Plan Map 9 Policy Document—Chapter 2,Section 2.1—Master Transportation Plan Affected chapter pages with edits as follows: 10 I Itl FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 Increases in future ultimate lanes(from the 2009 to 2015 Map for the year 2040) • Princess Anne Road(from Providence Road to just south of Ferrell Parkway)from 4 to 6 lanes, Formatted:Font:Bold,Underline • Military Highway(from Norfolk City limit to Chesapeake City limits from 6 to 8 lanes Decreases in future ultimate lanes(from 2009 to 2015 Map for the year 2040) • Diamond Springs Road(from Northampton Boulevard to Newtown Road)from 6 to 4 lanes • Baker Road(from Wesleyan Drive to Newtown Road)from 4 to 2 lanes • Salem Road(from Nimmo Parkway to Indian River Road)from 4 to 0 lanes • Birdneck Road(from Norfolk Avenue to General Booth Boulevard)from 6 to 4 lanes • First Colonial Road(from Old Donation Parkway to Great Neck Road)from 6 to 4 lanes • West Neck Creek Parkway(from Nimmo Parkway to Indian River Road)from 4 to 2 lanes Formatted:Font:Bold,Underline • Shore Drive(from Diamond Springs Road to Norfolk City limit)from 6 to 4 lanes Other modifications • Reflects the existing lanes for all primary roadways within the Oceanfront Transportation Planning Area shown on the 2009 Map. The model results did not indicate the need for increased lane calls for any of these roadways. • Moved the alignment of West Neck Parkway(from North Landing Road to Indian River Road)to the area just west of Courthouse Estates and line it up with the north-south portion of Landstown Road(from North Landing Road to Landstown Road). • Adjusted the right of way width on Nimmo Parkway/Sandbridge Road(from Atwoodtown Road to Sandfiddler Road)to accommodate a two lane Parkway section. Adjusted the right of way width of Nimmo Parkway to accommodate a four lane Parkway section(from Atwoodtown Road to Upton Road). Reclassified Nimmo Parkway to a Minor Arterial from Upton Road to General Booth Boulevard. The results are summarized below and detailed modeling information is contained in the Reference Handbook. This model calculated the need and lane call for a facility based upon the traffic generation of existing and projected land uses throughout the city and region for the year 2040. The model was calibrated by aligning recent year traffic assignments with the corresponding existing traffic count data. A unique feature of this model is that the lane calls are based on the implementation of a prioritized group of road improvements that have the greatest cost benefits and value for reducing system-wide delay.It is important to note that the Travel Demand Model is only one analysis tool to provide data and projections for creating the Roadways section of the city's Master Transportation Plan,as well as prioritizing the transportation projects funded through the city's Quality Physical Environment Capital Improvement Program(CIP). Access Controlled Roadways There are many ways to improve traffic flow on the City's busier roads. The most expensive way,in many cases,is to add additional pavement or concrete and travel lanes to existing roads. This method increases storm water runoff,and right-of-way and can have a negative impact on surrounding communities and safety. Limiting access on selected corridors may be a more cost effective method to maintain and improve the capacity of these roads. Limiting the turning movements to and from these roads can increase roadway capacity and improve traffic flows on the corridors. Chapter 2,Section 2.1-Master Transportation Plan-Page 9 of 38 I II FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 that makes the business case to bring high speed rail to the region. Regional/City High Capacity Transit Network The Norfolk Tide Light Rail line opened in 20118 and is considered to be a High Capacity Transit technology. This line connects the medical center in Downtown Norfolk with the Virginia Beach City line. HRT conducted an Origin and Destination Survey during 2013 and 2014 to determine points of origin and destination for passengers using The Tide7. Results of this study indicate that a surprising 33%of all the Norfolk Tide light rail users reside in Virginia Beach. The busiest stations for Virginia Beach riders are at the eastern end of the line,including Newtown Road(57%of riders) and Military Highway(21%of riders)stations. Virginia Beach ridership is fairly dispersed throughout the remainder of the system and this study reflects that there are multiple destinations within the City of Norfolk. The vast majority of trips were from home to work. Other secondary trip purposes include colleges/universities,personal business,shopping,social visits,and medical appointments. ti T. l $1AWL, The Tide Light Rail station In 2015,the Virginia Beach City Council adopted a Locally Preferred Alternative(LPA)resolution for an extension of The Tide from the Newtown Road station in Norfolk to the Virginia Beach Town Center,with new station locations at Witchduck Road,Kellam Road,and Constitution Avenue and above grade crossings at Witchduck Road and Independence Boulevard in order to bypass those roadways that experience high motor vehicle traffic volumes(see below map). With this action,Virginia Beach set in motion a multi-faceted approach to the provision of enhanced transit services to Virginia Beach for the future as follows: • A 3-mile extension of The Tide connecting Downtown Norfolk to Virginia Beach Town Center described above,thereby making the system truly regional,as intended,for the first time. • Design of an end-of-line station that can be expanded to become a major passenger hub in which additional north/south and east transit corridors can logically interconnect. The City has studied the ridership potential of these extensions using the Federal Transit Association (FTA)STOPS model described later in this chapter. • Design efforts are underway for the development of a shared use pathway running parallel to the light rail corridor to enhance connectivity between stations,along with the trail connectivity benefits as a multi-modal corridor. Chapter 2,Section 2.1-Master Transportation Plan-Page 14 of38 FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 • Walking/biking audits are underway for the SGAs and will form the basis of necessary infrastructure improvements to provide first mile/last mile connectivity to the transit stations and bus stops along the initial Tide segment,and eventually to all of the SGAs and future transit station locations. • An approximate doubling of the feeder bus network for The Tide extension will effectively double bus service within the City by establishing two new routes and increasing the timespan and frequency of several routes to match The Tide system operating schedule. • Strategic land use planning and economic development to maximize transit-oriented development(TOD)along the transit rail corridor and future high capacity transit corridors connecting the SGA5. This growth strategy will focus the most intense development in these appropriate areas and help preserve the character of the City's Suburban and Rural Areas. To further evaluate the feasibility of High Capacity Transit along various transportation corridors of the City,the Federal Transit Authority(FTA)STOPS(Simplified Trips-on-Project Software) program was utilized to model potential future transit ridership.STOPS is a stand-alone software package that applies a set of travel models to predict detailed transit travel patterns for the various transit extensions;quantify the trips-on-project measure for all travelers and for transit dependents;and,compute the change in automobile VMT based on the change in overall transit ridership between the two scenarios. The Virginia Beach high capacity transit extension map shown below indicates the approximate location for future extensions to the Newtown to Town Center alignment that is currently under detailed study. The modeling results indicate that the proposed alignments warrant inclusion in the Comprehensive Plan with recommendations for additional detailed study. Details associated with the modeling exercise are included in the Technical Report. Below is a brief description of the various alignment alternatives. • The Blue line represents the Newtown Road to Town Center extension that is currently under detailed study. • The Orange line represents the eastward extension of the Tide to the Oceanfront. • The Green line serves the central spine of the City connecting Town Center to the north with Princess Anne Commons and the Municipal Center to the south. • The Red lines serves the central spine of the City from Town Center in the south to Joint Expeditionary Base Little Creek to the north. This alignment then turns west and south to potentiallyservice Norfolk International Airport. • The Purple line serves the vast suburban residential areas of Kempsville from an approximate midway point in the Green line to a potential connection with the City of Chesapeake. I Chapter 2,Section 2.1-Master Transportation Plan-Page 15 of 38 I I II FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 1 Comment[14ES1]:Delete Map •wir d, s..se. ..' l - A. fr s. i k.. Virginia Beach High Capacity Transit Extensions-Precise lines and station locations subject to further study Chapter 2,Section 2.1-Master Transportation Plan-Page 17 of 38 FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 Replace with the following Map .yp.b♦u, : , ., 1 anti tow. / I A. m :=2..-- -'i`'''"� 'Union Stilton/; o� 'To Center • A r+ `K 9 'a f , moo•*•• ,, . '' �•� .` �o Dhesapeake ,,..."-..., • t f ,yam i v"C"� > ♦.�'0, '_ ,� O w, a ♦'� ' oma' a ♦ N.."' 0 d at e d `''.. "' 4. to Regional&Local Bus Transit The"Connect Hampton Roads"initiative found that reliable,frequent,and accessible local bus serves as the backbone of every successful transit system. The report describes the condition of the region's current bus system as inadequate,with routes that do not effectively connect across city boundaries;and operating with inconsistent times,days,and frequencies. Below are the types of HRT bus routes that currently serve the City of Virginia Beach: • Fixed Regular Routes-Regular routes at scheduled times and days of operation and service hours vary by route. There are currently 11 fixed routes within Virginia Beach. • MAX Express Routes-The MAX,or Metro Area Express,is a regional express service connecting commuters to cities across Hampton Roads.It offers an economical,stress-free, fast ride to major employment centers from established park and ride lots.There are currently 5 fixed routes that pick up Virginia Beach residents at the Oceanfront,Silverleaf Park and Ride lot or the Indian River Park and Ride lot and take riders to major employment centers,such as the naval bases,shipyards,and Downtown Norfolk with limited stops. The Max routes cost twice the fare of traditional buses but provide limited stops and extra comfort such as free Wi-Fi. Passengers can also partake in the guaranteed ride home program. Chapter 2,Section 2.1-Master Transportation Plan-Page 18 01 38 I FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 !l'l-, --- ..-- ............%---::::,,M Bkd • � M a � ; a + l .., ., 2 ",,.....4N. „...,,,,.. . ,.,. . , ...",,,„„„. .,„._ ___. ......\ ,..,,. 0 „ -,.. , ,-4--------,-\. -,, ,, / • , . ..„ ( .„. .,..„---- , ..:. , 7:,..„ „, tx ,,,->-, ,e.... i ›. ....., ,...... , .:,....._. c.,, .,, . ,.) T. { ,, O O ,a, li 4.'Y O 1 Ls a,... CU • '�"x t i ;z. I 1 ....-> / it 2 n. e 1 \ J 17 R / / r t J .s s Chapter 2,Section 2.1-Master Transportation Plan-Page 21 of 38 FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 Agenda for Future Action Recommendations: Passenger Rail and Transit/Public Transportation • City Council has adopted a Locally Preferred Alternative to extend The Tide from the Newtown Road station in Norfolk to terminate at a new station in Town Center near Constitution Avenue. Plan for the future extension of this high capacity transit system as follows: o East to the Oceanfront o North to Joint Expeditionary Base Little Creek and south and west to Norfolk International Airport area o South to Princess Anne Commons and the Municipal Center o West to Chesapeake • Evaluate appropriate technology for these high capacity corridors include light rail,maglev, bus rapid transit and others that depend on a rail or similar fixed guideway that separates the transit from normal vehicular use. • Light Rail System Planning-Construct the eastern terminus of light rail station;proposed at Constitution Avenue,so that it can easily be expanded to serve as a major passenger hub, with enhanced amenities and platforms to serve future east,north,and south high capacity transit corridors. • Establish an east-west multi-modal corridor-Develop a shared use path generally within the old Norfolk Southern railroad alignment from the Newtown Road light rail station to Town Center. Study extension of this path along this railroad alignment to the east of Town Center.This proximity will allow for greater connectivity to light rail stations and greater multi-modal choice(see also see Active Transportation recommendations). • Light Rail Station Connectivity-Enhance pedestrian/bicycle connections to all high capacity transit stations and bus route stops to provide safe access and enhanced modal choice. • Proactive Bus Service planning recommendations: o Coordinate annual evaluation of new bus routing,frequency of service,and duration of service. In the near future(within 5 years),implement the proposed feeder bus network needed to serve the light rail extension from Norfolk to Virginia Beach Town Center. o Enhance local bus service to become a viable option for people who could choose to drive,otherwise referred to as"choice riders." The provision of frequent,reliable, comfortable service can reduce single occupancy automobile travel and,thus,address traffic congestion and reduce the need for additional construction of highway lane miles. ACTIVE TRANSPORTATION "Active Transportation"is the combination of walking,bicycling,and other use of other non- motorized wheeled vehicles that may benefit from the same infrastructure.Benefits can include: • healthy activity and improved fitness • increased social interaction and engagement • reduced use of fossil fuels and the concomitant reduced pollution • reduced costs of living Chapter 2,Section 2.1-Master Transportation Plan-Page 23 438 1 III 1 1 I FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 • Perceived threats from traffic.Most of the larger roads have speed limits of 45 miles per hour,with large volumes of traffic moving at least that fast.Few cyclists are comfortable in such conditions for on road cycling,and those that do often report hostile behavior from motorists. • Neighborhood islands.Many neighborhoods are like islands surrounded by obstacles such as waterways and high-speed,high-volume roadways.Casual cyclists cannot get far without the challenge of navigating a major roadway or other hindrance. • Interstate barriers.1-264 is a barrier running east-west across Virginia Beach,and 1-64 does the same across the western portion of the City and leading into Norfolk and Chesapeake.Commuting across these barriers is very difficult,funneling cyclists and pedestrians into limited crossing spots,some of which can be difficult and dangerous. For cyclist commuters who work in Downtown Norfolk and in Chesapeake's Greenbrier area,it can be hard to reach these destinations. Virginia Beach is not an island and our active transportation system needs to coordinate with our neighbors in Chesapeake,Norfolk,and North Carolina,as well as beyond.Several initiatives are underway,and the staffs of the cities are collaborating on a variety of new connections: • South Hampton Roads Trailer(SHRT)will run 41 miles from the Oceanfront via the rail corridor,connecting the downtowns of Virginia Beach,Norfolk,and Portsmouth,and through Chesapeake to Downtown Suffolk.) ® COMM*OM (MlS3jt Dekte Map 1 1 rig O 0 O` o "tko © o .1'.i 4 . k m — ill .. 0 r '' - o .. CD Ve jcia,,, . . . c:, , . )4, . 4 4, 1,-Z:.., .., , 6 ''' Z", �4 r ,-Wt,fl. 4 . -.- ,.., ' • General Alignment of the South Hampton Roads Trail Chapter 2,Section 2.1-Master Transportation Plan-Page 25 of 38 II, I .I FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 Replace with the following Map t vL'wl.,:12WJLiJJ9Ali/(CJi1.�p1) ,,,viD, :'C'-'14-1 - a : — ''rte, .t,..t ,',Vtt,' , 4-';.".4,,,,, ,„,,,,,v17 /4 it lSfu„L.. 1 ,,T42 4''T,'" A Ai r4,4-',._ f.' 'Iv° 4* ."'",."-=t 1. C,,i'-y 1-,- ;IA - -1* S P7‘. ' ,. - ' '1,,f,-..4 ,, ... .--1-- -. 'TT erne 6luw+ • Beaches to Bluegrass Trail(02B111 is in planning stages with both the Virginia Department of Conservation and Recreation and Virginia Department of Transportation.It will be a "braided trail"following the SHRT,extending all the way to Cumberland Gap at the westernmost end of Virginia. • The East Coast Greenwayu(ECGW)does not enter Virginia Beach,but connects to both SHRT and B2B,providing north-south connectivity from Maine to Florida. • Bike Route 76(BR76)spurn The Transcontinental Bike Route runs from Astoria,Oregon to Yorktown,VA.Many cyclists,who have made the journey east;or are starting their westward journey,want to do a"wheel dip"in both oceans as part of the journey,and thus they opt to begin or end their treks at euw the Virginia Beach Oceanfront.Creating a spur route would formalize this and provide direction for them. • Blueways and Greenways.While sidewalks,bikeways,and trails are obvious elements of an active transportation system,Blueways and greenways are growing as components too.In Virginia Beach,we are developing the Thalia Creek Greenway around Town Center.The Green Sea Byway is a wide swath running from Chesapeake to Sandbridge,generally parallel to Indian River Road. • The 2040 Regional Long Range Plan and Map,prepared by the Hampton Roads Transportation Planning Organization(HRTPO),include a new Active Transportation Chapter 2,Section 2.1-Master Transportation Plan-Page 26 of 38 FINAL DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 24,2016 The Norfolk International Airport Master Plan was most recently updated in December,2008 and is intended to provide the Authority with a plan that identifies necessary capital improvements(see Master Plan exhibit is shown below)19. LLY�� pty¢ k Y . `, kit -'^ I. .,' > ,_ic_...„ Norfolk International Airport Expansion Plan The current update includes projects that will extend the useful life and value of the Airport to meet the air transportation needs of the Coastal Virginia region through 2024. Projections from this Master Pan indicated an annual growth rate in passengers of 2.6%per year,from 1.9 million in 2006 to nearly 3.3 million in 2024. Recent capital improvements at the airport include terminal renovations in 2014. The FAA is in the initial planning stages of an recently terminated the Environmental Impact Statement(EIS)for improvementsproposed by N°A at the Airport20as not currently meeting the purpose and need. However.FAA continues to support the inclusion of these improvements in its Ma:,ter Plant The purpose of the proposed improvements at ORF are toffs: Chapter 2,Section 2.1-Master Transportation Plan-Page 28 of 38 Technical Report Chapter 10-Historic Resources, replace"History" section as follows: CHAPTER 10. HISTORIC RESOURCES History Prehistoric Settlement-Native peoples have utilized the natural resources found near the mouth of the Chesapeake Bay and along local inland waterways for perhaps 15,000 years. The nomadic life of following the migration patterns of various animal species eventually gave way to seasonal habitation as the climate changed and the coastline and environment followed. Eventually,the native people lived as tribes in relatively permanent villages. This is what the English encountered when they arrived as settlers in the early 17th century. Artifacts dating to the Paleoindian period (9500-8000 B.C.),Archaic period (8000- 1200 B.C) and Woodland period(1200 B.C.- 1600 A.D.)have been discovered in various locations in Virginia Beach. Algonquian speaking tribes occupied the Tidewater area of Virginia and the Eastern Shore during the late Woodland period (900- 1600 A.D.).Maps created by Englishman John White in the 1580s located the native villages of Apasus and Chesepiooc within the geographical areas of Virginia Beach. In the late 16th century,the Cheasapeakes occupied the land from the Atlantic Ocean to the Elizabeth River. They tended to remain aloof from the Powhatan chieftain that controlled most of the other Algonquian speaking tribes in southeastern Virginia.The Chesapeakes were eradicated by Powhatan just prior to English colonization. In the aftermath,the Nansemonds,who were settled to the west,spread to the east to occupy area in Norfolk and Virginia Beach. English Colonization-Virginia Beach is the site of the landing of the Jamestown colonists on April 26, 1607 at Cape Henry.After a few days exploring the area they moved inland up the James River to settle. Permanent English settlement occurred in Virginia Beach in the 1630s when Adam Thoroughgood was provided a land grant of 5,350 acres along the western branch of the Lynnhaven River. Eight shires (counties)were established in 1634 by the English government as the first administrative subdivisions in Virginia. Virginia Beach was originally part of Elizabeth City Shire. In 1636 New Norfolk County was created from Elizabeth City County and included the land area south of the James River and Chesapeake Bay.This new county was further divided in 1637 into Upper and Lower Norfolk counties. Lower Norfolk County was divided in 1691 into Norfolk County and Princess Anne County.1 The Princess Anne County boundaries coincided with the Lynnhaven Parish boundaries that had been established by the Church of England in 1643.2 Most of the Princess Anne County land area would eventually become the City of Virginia Beach in the twentieth century. Agricultural pursuits provided the economic basis for Virginia Beach throughout the colonial,early national and antebellum periods.Subsistence level farms and small to medium size plantation 1 http://www.lva.virginia.gov/whatwehave/local/county formation/index.htm 2 Colonial Churches in the Original Colony of Virginia:A Series of Sketches by Especially Qualified Writers (Richmond,VA.:Southern Churchman Company) 1908. 11 operations were the typical forms seen in the landscape. The legendary Virginia tobacco staple did not grow particularly well in this area and a more diverse agricultural approach occurred very early in Virginia Beach. Wheat,oats and corn proved to be better cash crops in the eighteenth century in Virginia Beach. Other industries developed around the abundance of natural resources.The most notable of these were the production of pitch,tar and turpentine for their maritime uses. A small port for ships called Kempes'Landing developed on the Elizabeth River and the town of Kempsville was officially established there in 1783.3A few other small settlements appeared elsewhere in the county but none grew much beyond a handful of houses and shops/services. Post-Colonial-A skirmish in 1775 between British troops under British Royal Governor Lord Dunmore and a local militia occurred in Kempes Landing killing a militiaman,Francis Ackiss. A significant loyalist presence in the area and occasional British troop activities nearby made for an unsettled period during the Revolutionary War. British ships and troops were again active in the area during the War of 1812 and local militia companies provided what protection the residents had. Plans to construct a lighthouse at Cape Henry during the colonial period were developed but never executed. The tricky navigation in the area required a constant physical assistance and the Cape Henry Lighthouse was finally built in 1792 as the first public works project of the new United States of America government. Historic Seatack Community and Vicinity-A settlement of free people of African descent was established in the eastern area of northern Princess Anne County in the late eighteenth or early nineteenth century.Historic Seatack is located in the Beach District near the City's Oceanfront Resort Area.It is considered by area residents to be the oldest African-American community in Virginia and the United States,with original settlement by free men dating back to the late 1700s and early 1800s,and possibly as far back as the 1500s.The area eventually took its name from the words"Sea Attack,"based on British Warship cannons along the coast firing inland during the War of 1812.Seatack men fishing in the Atlantic Ocean were known to pull people to safety after shipwrecks.U.S. Life Saving Station Seatack,Virginia No. 2,was ultimately established in the area, which was listed on the National Register of Historic Places in 1979.In 1908,the citizens of Seatack formed the"first school for Negro children"at the"mother church"of Seatack,Mt.Olive Baptist Church on Birdneck Road.In the 1920s,the parents of Seatack formed the Seatack Public School League of Princess Anne County,and Seatack citizens later provided land for the original Seatack Elementary School,which opened in 1952.Men of Seatack served in every war in which the United States was involved,and those returning from WWII organized and built the first black-owned and operated fire department,known as the Seatack Volunteer Fire Department. In 1985,Mr.Joseph Grimstead,Sr.dedicated the land for the Seatack Community and Recreation Center,which opened in 1997,and was later rededicated in honor of Mr.Grimstead. In October 2011,the Seatack Civic League,which is over 100 years old,organized a 200th"birthday"celebration for Seatack. The area historically identified with"Seatack"was once much larger,described by the Seatack Community Civic League as extending north of Virginia Beach Boulevard,east to Cypress Avenue and Owl's Creek,and including not only the Seatack core neighborhood along Birdneck Road and 3 The Statutes at Large;:Being a Collection of All the Laws of Virginia.from the First Session of the Legislature,in the Year 1619.:Published Pursuant to an Act of the General Assembly of Virginia.Passed on the Fifth Day of February One Thousand Eight Hundred and Eight:Volume 1-XIII,(1823). 12 Virginia Beach Boulevard,but also the area to the west referred to today as the"Atlantic Park"and "East Oceana Gardens"neighborhoods. New development per market trends and redevelopment with AICUZ-compatible uses for nearby NAS Oceana has occurred in Seatack over time,in some cases altering the character of this historic community. The area shown as "Historic Seatack Community"was recommended in 2016 by the_Seatack Community Civic League (see Figure 1). As such,the area does not imply or intend special restrictions or land use limitations other than those currently regulating land uses in this area. . 11 / zati, �_11 nt L y 1 1 �ri` �r/y .. �'` ./ n (Iii liL �'1int1. •' Aratillr �W\AB_AGHet ti. n t.. 1a : • t i 11 S .., . .+ `I a ::.:.: mg jjj!� A + +♦,t, .: t {�{j p 1 �1..•,.. b -.9 •� to .. . ; ♦ .,, '1/4 s ®r, �' K �/�{��/�� 'H� 4 ..• 7 - ' , L ••. . 9 -. g.4.1* . %--. A .;:, , .......„...„ ..:. , .. • .' \, 0 0.250.5 , '_ ' G� tie 1_ Historic Seatack Community and Vicinity FIGURE 1 Civil War-Princess Anne County(Virginia Beach)remained a mostly rural and agricultural locality well into the twentieth century. Much of the early success of the agricultural economy had been achieved through the use of enslaved laborers of African descent since the seventeenth 13 century.The growing division between northern and southern states erupted in the American Civil War in 1861. The strategic location near the mouth of the Chesapeake Bay made this an important area for the opposing sides to control and the United States forces were able to do so early on in the conflict. This was accomplished without a major battle and very little military engagement occurred in Virginia Beach during the war. Despite federal occupation,the enslaved population remained in bondage and the Emancipation Proclamation,issued January 1, 1863,specifically noted that Princess Anne County was exempt from the executive order. The eventual surrender of the Confederate States of America and the ratification of the 13th Amendment to the U.S. Constitution in 1865 finally provided the enslaved people in the area with their freedom. Post-Civil War-The most influential black leader in post-Civil War Princess Anne County was Willis Augustus Hodges. He had left the county for New York as a young man and returned during the war. He became the county's first black elected representative,serving in the 1867-68 state constitutional convention. The new constitution,which went into effect in 1870,changed the administration of the county from the justices of the peace to a board of supervisors. Hodges was elected to be the supervisor to represent the Kempsville District.4 Other black citizens were voted into political office including Littleton Owens who was elected in 1879 to represent Princess Anne County in the House of Delegates. Some of the recently freed black citizens acquired land and small new communities,such as New Light and Burton Station,began to develop in the 1870s (see Figure 2).5 4 Stephen S.Mansfield,Princess Anne County and Virginia Beach:A Pictorial History(Virginia Beach,VA:The Donning Company,1989),68. s Mansfield,76. 14 Chesapeake Bay a ktY N--421x-I City of Norior- s Vid 45 \6 It. 3 f 10 ` Atlantic Ocean 8 &XO 4111tacrift WOW. 71 � , s 12 5. - will ,. ( , . 64 Walk - „....,01„ ..4111, ,, uR ERPEI�P%'� hi„,, < V,. 10 AM NPti ... 101P lelf -6� -R,,,,E,' _ ;yO P G� 41 h City of Chesapeake • Historically African-American Neighborhoods .,„ ,,,,O,NoRD 1 1.Queen City 2. Newlight oR ( 3. Burton Station 4. Lake Smith 5. Beechwood 6.Gracetown 7 Newsome Farm 8. Reedtown 9. Doyletown 10. Mill Dam 0 1 2 4 11 Atlantic Park mi=mitiiiMiles 12. Seatack Historically African-American Neighborhoods FIGURE 2 Virginia Beach - In the 1880s,Colonel Marshall Parks erected a wooden clubhouse at the oceanfront,which was the first structure built on what is today called the "resort strip." Parks,who is credited with naming Virginia Beach,and a group of investors formed the Norfolk and Virginia Beach Railroad and Improvement Company to acquire oceanfront property to build a hotel and pavilion and to construct a railroad. The first railroad service from Norfolk to Virginia Beach was 15 initiated in July 1883.The resort grew into a small town and was incorporated as the town of Virginia Beach in 1906.6 The small community of Oceana Gardens was platted west of the oceanfront in the early 1900s and it soon became a viable residential and commercial area that served much of the surrounding rural area.The first paved roadway between Norfolk and Virginia Beach was completed in 1920 and the automobile would eventually push the passenger railroad out of the city's landscape. Oceana sat strategically between the roadway(today's Virginia Beach Boulevard)and the rail line. The Seaside Park amusement complex opened at the beach in 1912 and the Princess Anne Country Club was incorporated in 1916.A new concrete boardwalk was built along the Atlantic Ocean beach in 1926.Further investment by businessmen from Norfolk and Portsmouth resulted in the construction of the Cavalier Hotel at the oceanfront in 1927. Along with the growth of several hunt clubs,the Cavalier and its associated leisure activities attracted a wealthy clientele to Virginia Beach,even after the stock market crash of 1929. Cape Henry-Development occurred in the late nineteenth century at Cape Henry,as well. A United States Weather Bureau Observation Center was established there in 1873 and a United States Life Saving Station in 1874. A new lighthouse was built there in 1881 and it became operational in place of the nearly century old beacon.A group of investors created the Cape Henry Syndicate and they began buying land there in the 1890s and the resort they established became increasingly popular during the first decades of the twentieth century.By the 1920s,the civilian development of Cape Henry consisted of a small community of frame cottages,several hotels,a railroad station,O'Keefe's Casino and St.Theresa's Chapel.? The strategic nature and location of Cape Henry prompted the federal government to appropriate funds in 1913 to purchase land there and to build a military installation named for General John P. Story. Fort Story was operational during World War I and has served as an important training facility and coastal defense ever since.8 World War II-Plans to establish a military airfield near the Oceana community began as early as 1938. Construction of a 2,500 foot runway began in 1941. The attack on Pearl Harbor accelerated the process and resulted in expanded plans and facilities for the Oceana Air Station.It was commissioned on August 17, 1943 and remained active through the war.In 1950,an expansion extended four runways to 8,000 feet making it a master jet base.9 The military facility at Dam Neck was first organized as an anti-aircraft school during World War II and was called the Fleet Air Defense Training Center.The Amphibious Training Base at Little Creek came under construction in 1942 and was operational by August 1943.10 The Tidewater Victory Memorial Hospital,a state tuberculosis sanitarium,and 22 acres around it were converted into 6 The Beach:A History of Virginia Beach, Virginia,Rev.ed.(Virginia Beach,VA: City of Virginia Beach,1998), 81-84. Phase I Reconnaissance Survey of Architectural Resources at Fort Story,Dutton+Associates,2012. $ The Beach,96. 9 The Beach,97-98. 10 The Beach,98-99. 16 Camp Ashby in 1943. This U.S.Army camp provided coastal defense shore patrols until June 1944. From September 1944 until April 1946,Camp Ashby served as a German Prisoner of War camp. 11 County/City Merger-Post war Virginia Beach in the 1950s saw a movement of population from nearby Norfolk to Princess Anne County.Suburban neighborhoods,such as Aragona and Princess Anne Plaza,sprouted along route 58. As this was occurring,Norfolk began annexing sections of western Princess Anne County.On January 1, 1959,Norfolk annexed 13.5 square miles from the county and the 38,000 residents that lived within that area. The local political machine,under the leadership of Sidney Kellam,saw such annexation as a threat and reasoned that more county land would soon be absorbed by Norfolk. In response,the consolidation of Princess Anne County and the City of Virginia Beach as a municipality began to take shape. Norfolk controlled the water supply to the county and Virginia Beach and tried to leverage that power to thwart the merger. The ploy backfired pushing the consolidation forward resulting in the establishment of the modern City of Virginia Beach on January 1, 1963.12 With the establishment of the independent City of Virginia Beach came the establishment of the City Council/City Manager form of government. From 1963 to 1988,the mayor was selected by City Council from among their membership. In July 1988,Meyera E.Oberndorf became the first mayor of Virginia Beach to be directly elected by the public. She also became the first female to serve as mayor of the city.13 Steady and rapid population growth characterized the first quarter century of the post-merger period.Virginia Beach grew into the most populated city in Virginia as large farming tracts in the northern half were developed primarily on a suburban model. Virginia Beach's status as a vacation destination also grew during this period and the resort area was modernized and improved. A new boardwalk and seawall were constructed to both accommodate the growing tourist trade and to protect the oceanfront from storms. Development and modernization took its toll on historic resources with many early twentieth century buildings near the oceanfront and older farmhouses and related structures inland being lost during this period. In 2000,plans for a downtown in the Pembroke area finally came to fruition. The first building in the new downtown,the Armada Hoffler Tower,opened in 2003. The Westin Virginia Beach Town Center&Residences was completed in 2007 and,at 38 stories,became the tallest building in Virginia. 11 http://www.northamericanforts.com/East/varoads.html#ashby 12 The Beach,101-107. 13 Mansfield,213. 17 1 Applicant City of Virginia Beach Agenda Items Public Hearing April 13, 2016 Resolution of the Planning Commission Citgo recommending adoption of the Comprehensive Plan D3 Virginia Beach A resolution of the Planning Commission of the City of Virginia Beach recommending to the City Council the adoption of the City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City,2016, including the Policy Document, Technical Report, Reference Handbook and all plans incorporated by reference,which will supersede the 2009 Comprehensive Plan. [The Descriptive Summary of the Comprehensive Plan, 2016, is provided on the first page of this report]. Section 15.2-2225 of the Virginia Code states the following: After the[Planning Commission's] public hearing,the commission may approve,amend and approve,or disapprove the plan. Upon approval,the commission shall by resolution recommend the plan,or part thereof,to the governing body and a copy shall be certified to the governing body. In accordance with this section, a resolution has been prepared for the Planning Commission's consideration and is attached to this report. Staff recommends adoption of the resolution,transmitting the Plan to the City Council for its consideration. City of Virginia Beach Comprehensive Plan Update Agenda Items D3 Page 1 1 A RESOLUTION OF THE PLANNING COMMISSION OF 2 THE CITY OF VIRGINIA BEACH RECOMMENDING TO 3 THE CITY COUNCIL THE ADOPTION OF THE CITY OF 4 VIRGINIA BEACH COMPREHENSIVE PLAN-IT'S OUR 5 FUTURE: A CHOICE CITY, 2016, INCLUDING THE 6 POLICY DOCUMENT, TECHNICAL REPORT, 7 REFERENCE HANDBOOK, ALL PLANS INCORPORATED 8 BY REFERENCE WHICH WILL SUPERSEDE THE 2009 9 COMPREHENSIVE PLAN 10 11 WHEREAS, the purpose of the Comprehensive Plan is to guide and accomplish 12 the coordinated, adjusted and harmonious development of the City which will, in 13 accordance with present and probable future needs and resources, best promote the 14 health, safety, morals, order, convenience, prosperity and general welfare of the City 15 and its citizens, including the elderly and persons with disabilities; 16 17 WHEREAS, the Planning Commission, in concert with the Department of 18 Planning, conducted numerous work sessions and an extensive outreach program, 19 including on social media, in order to determine the existing conditions and trends of 20 growth,-the probable future requirements, the needs and desires of the general public 21 and business, environmental, military, agricultural, cultural and other groups; 22 23 WHEREAS, on April 13, 2016, the Planning Commission held a public hearing 24 and recommended, the adoption of the 2016 Comprehensive Plan, including the 25 revisions and the addendum to the revisions made by the Planning Commission and 26 attached hereto, superseding the previous Comprehensive Plan adopted by the City 27 Council on December 8, 2009, and thereafter amended, in accordance with the 28 requirements of Article 3 of Chapter 22 of Title 152 of the Code of Virginia, and certified 29 the attached copy to the City Council; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF 32 THE CITY OF VIRGINIA BEACH, VIRGINIA: 33 - 34 That it hereby recommends the adoption of the 2016 Comprehensive Plan, "The 35 City of Virginia Beach Comprehensive Plan-It's Our Future: A Choice City, 2016," 36 attached hereto and made a part hereof, including the List of Proposed Revisions and 37 the Addendum to the Revisions to the February 24, 2016 Final Draft for Consideration 38 by the.Planning Commission on April 13, 2016, Policy Document, Technical. Report, 39 Reference Handbook and all provisions of the incorporated plans that are not in conflict 40 with the provisions of the 2016 Comprehensive Plan and certifies the attached copy to 41 City Council. 42 43 A,Qpted by the Planning Commission of the City of Virginia Beach, Virginia on 44 this 13 day of Nri k , 2016. 1 1 i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4, 4 4,0,4.. -76.,...,_ ...._, ,,..:;. .--..,--. ning Dz• meatall Cit i ....„.---.,-- •mey s ffice DF9259 R-6 April 13, 2016 2 Item #D3 A resolution of the Planning Commission of the City of Virginia Beach recommending to the City Council the adoption of the City of Virginia Beach Comprehensive Plan Page 2 Jeff Hodgson: Yes sir. Donald Horsley: I am sitting awful quiet today, and I know you all think that is unusual but I didn't on this Comprehensive Plan as much as the rest of you here because I was gone all last year. I didn't have much to say today. I just want to let the Seatack community know that the Comprehensive Plan is processed over the years has changed drastically. I've been around for a long time. Mr. Minns, I remember you when you were a young whipper snapper coming in here talking to groups. I remember that from many years ago. But the in depth analysis that is given to the Comprehensive Plan in these last two wasn't done many years ago because we didn't have the need for that in depth analysis. The City has grown and specialized in its development process over these years and it hasn't. But rest assure that your community will be well looked after because I can remember serving with the Honorable Barnett Thoroughgood from your community, and he took care of your people very well and he was a very honorable man and I can remember serving with him with great pride. He was a good man over the years that he was here. And we miss him,we really, really do. But I just want you to be assured that if nothing has been left out of any community, if there is a specific need and I'm hoping that this analysis will take place after this because the motion that was made, we will find out if it has the need to have a specific focus area for Seatack. I am sure it will proceed there but I want you to be assured that you are not getting overlooked or penalized in any way. It's just the way the City has developed over the years and these last two Comprehensive Plans have been so heavily scrutinized with the Strategic Growth Areas, the SFAs. We didn't have anything like that many years ago. So rest assured that we will take care of you. I'll be here for at least three more years anyway. Thank you, sir. Jeff Hodgson: Is there anything else? If not, I would like to thank everybody for coming down today. I would like to thank Director Barry and his department for taking the heavy lifting on all of these. Thank you very much. Ross Brockwell: This Comprehensive Plan has been really enjoyable for me to work on. I know everyone take it very seriously. It has been a real pleasure for me for the life time love for this City. It has been very enjoyable, and I thank you all very much. Jeff Hodgson:Thank you. Meeting is adjourned. � � I Item#D3 A resolution of the Planning Commission of the City of Virginia Beach recommending to the City Council the adoption of the City of Virginia Beach Comprehensive Plan - It's Our Future:A Choice City, 2016, including the Policy Document,Technical Report, Reference Handbook and all plans incorporated by reference, which will supersede the 2009 Comprehensive Plan. April 13, 2016 REGULAR Jan Rucinski: The next item on the agenda is item D3,A resolution of the Planning Commission of the City of Virginia Beach recommending to the City Council the adoption of the City of Virginia Beach Comprehensive Plan - It's Our Future:A Choice City, 2016, including the Policy Document, Technical Report, Reference Handbook and all plans incorporated by reference, which will supersede the 2009 Comprehensive Plan. Jeff Hodgson: There are no speakers. We'll close it for discussion amongst the Commission. Does anybody have discussion? Mike Inman: I have a motion. Jeff Hodgson: We have a motion. Mike Inman: I have a motion that we forward the Comprehensive Plan we just approved to City Council. Jeff Hodgson: Motion made by Commissioner Inman and seconded by Commissioner Rucinski. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved to move the Comprehensive Plan to City council. Jeff Hodgson: We have no more items. Donald Horsley: Can I make a comment? Applicant City of Virginia Beach Agenda Items Public Hearing April 13, 2016 2016 Comprehensive Plan Virginia Beach Descriptive Summary of the Comprehensive Plan The adoption of the City of Virginia Beach Comprehensive Plan-It's Our Future: A Choice City, 2016,which will supersede the Virginia Beach Comprehensive Plan 2009 and will contain the following: Preface [purpose and use of the Comprehensive Plan, public outreach and processes and elements of the Plan-policy document,technical report, reference handbook], planned land use map, urban areas [Strategic Growth Areas-Burton Station SGA, Centerville SGA, Newtown SGA, Pembroke SGA, Rosemont SGA, Lynnhaven SGA, Hilltop SGA, Resort Area SGA], Suburban Areas [Suburban Focus Areas-Shore Drive Corridor, North Courthouse/South Holland, Historic Kempsville Area,Virginia Aquarium &Owl's Creek Area, First Colonial Medical Corridor,Sandbridge, North Beach (North End), Military Highway Corridor, Historic Seatack Community], Princess Anne Commons&Transition Area, Rural Area, Military Installations & Support, Master Transportation Plan [Citywide transportation policies/complete streets, roadways, public transit, active transportation,other regional scale transportation planning,transportation demand management, intelligent transportation systems],environment stewardship framework[Sustainability Plan,water resources protection and management, parks and conserved lands,green infrastructure, living resources and ecosystem management (urban forestry, living shorelines,unique plant and animal habitats), sea level rise, recurrent flooding and hazard mitigation, land development and stormwater management,energy resources management and alternative energy development, solid and hazardous waste management, noise, light and air pollution management], Housing and Neighborhood Plan, economic vitality[Strategic Economic Growth Areas-SEGA 1-East Oceana, SEGA 2-West Oceana,SEGA 3-South Oceana, SEGA 4-Princess Anne Commons],plan implementation [implementing the plan,summary of policies,agenda for future action],the Technical Report, Reference Handbook,and the following plans and amendments thereto:Virginia Beach Historic Resources Management Plan (1994), Natural Heritage Report (1994), Municipal Center Master Plan (1997), Consolidated Strategy and Plan for Housing and Community Development Programs, Public Facilities:General Aesthetic Guidelines (2000),Shore Drive Corridor Plan (2000), Southern Watershed Area Management Plan (2001)-Multiple Benefits Conservation Plan,Strategic Plan for Agriculture in Chesapeake and Virginia Beach,Southern Watershed Area Rural Area Preservation Plan,Conservation Plan for the Southern Watershed Area, Beach Management Plan, 2002, Shore Drive Corridor Design Guidelines (2002), Retail Establishments and Shopping Center Ordinance Guidelines (2002), Mixed Use Development Guidelines (2004), Hampton Roads Joint Land Use Study(2005),Old Beach Design Guidelines (2005), Historic Kempsville Area Master Plan (2006, amended 2014),APZ-1/Clear Zone Master Plan (2008),Virginia Beach Outdoors Plan (2008), Resort Area Strategic Action Plan(2008), Northampton Corridor Strategic Growth Area Implementation Plan (Burton Station) (2009), Pembroke Strategic Growth Area 4 Implementation Plan (2009,amended 2014), Major Street Network Ultimate Rights-of-Way(2010), Newtown Strategic Growth Area Master Plan (2010), Interfacility Traffic Area (ITA) and Vicinity Master Plan (2011), Bikeways and Trails Plan (2011), Rosemont Strategic Growth Area Master Plan (2011),Virginia Aquarium and Owls Creek Area Master Plan (2011), Lynnhaven Strategic Growth Area Master Plan (2012), Oceanfront Resort District Design Guidelines (2012), Hilltop Strategic Growth Area Master Plan (2012), Centerville Strategic Growth Area Master Plan (2013), Urban Forest Management Plan (2014), Transition Area Design Guidelines (2015), and Green Sea Blueway and Greenway Management Plan (2015). City of Virginia Beach Comprehensive Plan Update Agenda Items D4 Page 1 i 1 11 Summary of Comprehensive Plan Update The Planning Commission is required under Virginia Code Section 15.2-2230 to review the adopted Comprehensive Plan at least once every five years to determine whether it is advisable to amend the plan.To that end,the Department of Planning and Community Development and the Planning Commission began a review of the 2009 Comprehensive Plan, adopted December 8,2009,and as last amended in January 2014. The Planning Commission and city planners hosted five public open houses around the city and held a Virtual Town Hall session with a citizen survey in October and November 2014. Staff from 19 City departments also participated in two workshops for the purpose of gaining input.Through these forums,citizens and City staff shared opinions about the City of Virginia Beach and the Comprehensive Plan, including what may need improvement. After consideration of all of the public and staff input gained through the process described above,the Planning Commission reviewed each chapter of the 2009 Comprehensive Plan during the period of February 2015 to June 2015. Along with City staff,the Commission studied existing conditions, recent and projected trends,and new state planning mandates. In addition to being responsive to public input,the Commission established several desired outcomes for this Plan update as follows: • To build on the strengths of the current Plan with an updated Plan that is appropriate for this present time in 2015 and looking ahead to the year 2040; • Address new state planning mandates approved by the General Assembly since December 2009; and, • Align the Plan with the goals of Envision Virginia Beach 2040(adopted by City Council in 2013),the region's 2040 Long Range Transportation Plan, and our Community Plan for a Sustainable Future (adopted by City Council in 2013). An initial draft Comprehensive Plan was prepared in November 2015 for Planning Commission and City Council review. Subsequently, a public review draft was prepared. Citizens were invited to review the draft Plan and provide feedback during the month of January 2016.The Virginia Department of Transportation (VDOT)was also provided a copy of the draft Plan to determine the Plan's compliance with Virginia Code Section 15.2-2222.1.This section of the Virginia Code is the result of legislation passed by the General Assembly in 2006(Chapter 527 of the 2006 Acts of Assembly).The legislation and the resultant review process established by VDOT, is commonly referred to as'Chapter 527 Review'. Chapter 527 Review provides VDOT with the authority to analyze and provide comments to local governments on comprehensive plans and rezoning proposals that may have a significant impact on state-controlled highways.The results from the analysis can then be used by local governments in their planning and land use decision making process. VDOT's findings are advisory in nature. To promote awareness about the draft Plan and encourage citizens to get involved in a variety of ways,the City's Communications Office created the"Leave Your Mark" public awareness campaign and developed a free mobile app, "SpeakUp!VB." Brochures about each section of the draft Plan were created and citizens were asked to rate draft policy statements.The draft plan was posted on the Comprehensive Plan project webpage at www.vbgov.com/2016CompPlan and copies of the public review draft were displayed at all of the public libraries. City staff set up weekend displays and talked with residents at three Parks and Recreation Centers during the Center's January 2016 Membership Drive and also met with students at Tidewater Community College.A display was set up in the first floor hallway of Building 2 of the Municipal Center,outside of the Department of Planning and Community Development.Three public meetings were also held around the city during January 2016.All public feedback received on the draft Plan was presented to the Planning Commission in February 2016.A final draft was prepared based on this input. City of Virginia Beach Comprehensive Plan Update Agenda Items D4 Page 2 ' I I A copy of the final draft of the Comprehensive Plan has been provided to the Planning Commission and the City Council separate from this report.The Plan is available for review on the City's website at www.vbgov.com/2016CompPlan. Summary of Proposed Revisions See attached list of proposed Revisions to February 24, 2016 Final Draft. City of Virginia Beach Comprehensive Plan Update Agenda Items D4 Page 3 Item#D4 City of Virginia Beach The adoption of the City of Virginia Beach Comprehensive Plan-It's Our Future: A Choice City, 2016, which will supersede the Virginia Beach Comprehensive Plan 2009 and will contain the following: Preface [purpose and use of the Comprehensive Plan, public outreach and processes and elements of the Plan-policy document,technical report, reference handbook], planned land use map, urban areas [Strategic Growth Areas-Burton Station SGA,Centerville SGA, Newtown SGA, Pembroke SGA, Rosemont SGA, Lynnhaven SGA, Hilltop SGA, Resort Area SGA], Suburban Areas [Suburban Focus Areas-Shore Drive Corridor, North Courthouse/South Holland, Historic Kempsville Area,Virginia Aquarium &Owl's Creek Area, First Colonial Medical Corridor, Sandbridge, North Beach (North End), Military Highway Corridor, Historic Seatack Community], Princess Anne Commons&Transition Area, Rural Area, Military Installations &Support, Master Transportation Plan [Citywide transportation policies/complete streets, roadways, public transit, active transportation, other regional scale transportation planning, transportation demand management, intelligent transportation systems], environment stewardship framework [Sustainability Plan, water resources protection and management, parks and conserved lands,green infrastructure, living resources and ecosystem management(urban forestry, living shorelines, unique plant and animal habitats), sea level rise, recurrent flooding and hazard mitigation, land development and stormwater management, energy resources management and alternative energy development, solid and hazardous waste management, noise, light and air pollution management], Housing and Neighborhood Plan, economic vitality [Strategic Economic Growth Areas- SEGA 1-East Oceana, SEGA 2-West Oceana,SEGA 3-South Oceana,SEGA 4-Princess Anne Commons], plan implementation [implementing the plan, summary of policies, agenda for future action],the Technical Report, Reference Handbook, and the following plans and amendments thereto:Virginia Beach Historic Resources Management Plan (1994), Natural Heritage Report (1994), Municipal Center Master Plan (1997), Consolidated Strategy and Plan for Housing and Community Development Programs, Public Facilities: General Aesthetic Guidelines (2000),Shore Drive Corridor Plan (2000), Southern Watershed Area Management Plan(2001)-Multiple Benefits Conservation Plan,Strategic Plan for Agriculture in Chesapeake and Virginia Beach,Southern Watershed Area Rural Area Preservation Plan, Conservation Plan for the Southern Watershed Area, Beach Management Plan,2002, Shore Drive Corridor Design Guidelines(2002), Retail Establishments and Shopping Center Ordinance Guidelines (2002), Mixed Use Development Guidelines(2004), Hampton Roads Joint Land Use Study (2005), Old Beach Design Guidelines (2005), Historic Kempsville Area Master Plan (2006, amended 2014),APZ-1/Clear Zone Master Plan (2008),Virginia Beach Outdoors Plan (2008), Resort Area Strategic Action Plan (2008), Northampton Corridor Strategic Growth Area Implementation Plan (Burton Station) (2009), Pembroke Strategic Growth Area 4 Implementation Plan (2009,amended 2014), Major Street Network Ultimate Rights-of-Way(2010), Newtown Strategic Growth Area Master Plan (2010), Interfacility Traffic Area (ITA) and Vicinity Master Plan (2011), Bikeways and Trails Plan (2011), Rosemont Strategic Growth Area Master Plan (2011),Virginia Aquarium and Owls Creek Area Master Plan (2011), Lynnhaven Strategic Growth Area Master Plan (2012), Oceanfront Resort District Design Guidelines (2012), Hilltop Strategic Growth Area Master Plan (2012), Centerville Strategic Growth Area Master Plan (2013), Urban Forest Management Plan (2014),Transition Area Design Guidelines (2015), and Green Sea Blueway and Greenway Management Plan (2015). April 13, 2016 REGULAR Jan Rucinski: Our next item on the agenda is D4 for the City of Virginia Beach, the Adoption of the City of Virginia Beach Comprehensive Plan "It's Our Future: A Choice City, 2016" which supersedes the Virginia Beach Comprehensive Plan 2009 and will contain a Policy Document, a Technical Report, Item#D4 City of Virginia Beach Page 2 Reference Handbooks, Land Use Maps, and photos. I believe Jeryl is going to give us a quick run through and presentation of that. Kay Wilson: Jeryl, I would just like to inform the Planning Commission that they will need to vote on D4, that will be your vote on the Comprehensive Plan, and then when you do D3,that is simply a vote to send it off to City Council. Thank you. Jeryl Phillips: Good afternoon Mr. Chairman and members of the Commission, I'm Jeryl Phillips, Comprehensive Planning Manager. Just to recap where we are with this item,and for the benefit of the public, our Comprehensive Plan update that is proposed. Just to back track on our process and talk about our proposed revisions and the Addendum. The Planning Commission is required under Virginia Code Section 15.2.-2223 to review the adopted Comprehensive Plan at least once every five years to determine whether it is advisable to amend the Plan, and to that end the Department of Planning and Community Development and Planning Commission began a review of the 2009 Comprehensive Plan adopted December 8,2009, as it was last amended, in January 2014. The Planning Commission and City Planners hosted open houses around the city in held a virtual town hall session with the citizens serving in October and November of 2014. And the staff and 19 city departments also participated in two workshops for the purpose of obtaining input. Through these forums, citizens and city staff prepared opinions about the City of Virginia Beach and the Comprehensive Plan including what may need improvement. After consideration of all the public and staff input came through the process described, the Planning Commission reviewed each chapter of the 2009 Comprehensive Plan during the period of February 2015 to June 2015. Along with city staff, the Commission studied the existing conditions recent and projective trends and new state planning mandates. In addition to being responsive to public input, the Commission established several desired outcomes for this plan updates as follows. To build on the strengths of the current Plan, with an updated Plan which is appropriate for this present time in 2016 and looking ahead to the year 2040,to address new State planning mandates approved by the General Assembly in December 2009, and to align the plan with the goals and of Envision Virginia Beach 2040,the regions 2040 long range transportation plan,and our community plan for a sustainable future. AN initial draft Comprehensive Plan was prepared in November 2015 for Planning Commission and Council review,and subsequently a public review draft was prepared. Citizens were invited to review the draft plan and provide feedback during the month of January 2016. The Virginia Department of Transportation was also provided a copy of the draft Plan to determine the plan's compliance with Virginia Code Section 15.2-2222.1. All public feedback received on the draft plan was presented to the Planning Commission in February 2016 and a final draft plan dated February 24th was prepared based on that input. You held a public hearing on March 9th, and received public input on the final draft plan. You deferred action at the time, and gathered in a workshop to consider that input, and to consider a list of proposed revisions. A list of proposed revisions is in your packet, and based on this morning's discussion with some additional input, there is an addendum. It is a little hard to read on the screen and I'll go over it. The first item on the addendum is a proposed revision to the Policy Document based on a public meeting that was held with the Aragona Civic League and considered by you this morning regarding the Pembroke Strategic Growth Area Plan.So this is the proposed amendment adding an agenda for future action recommendation to the Pembroke SGA section of the Plan Chapter 1, Section 1.2, Page 37, "prepare a Master Transportation Plan for the Pembroke SGA using a public process that involves the adjacent neighborhoods". Next, in addition to the Rural Area, Chapter 2, Section 1.5 on page 9, in the section on the Rural Preservation Plan insert the following sentence after the last bullet listing planning objectives for the rural area. The City's commitment to directing a new growth in to the Strategic Growth Areas and special economic growth areas is complementary to these rural preservation plan objectives. This was a very important statement for you as you worked on this chapter. We receive a Item #D4 City of Virginia Beach Page 3 request to make a minor change to a sentence in the Master Transportation Plan acknowledging that the City is contracted with ODU the Virginia Modeling Analysis and Simulation Center to prepare the modeling that was the basis for the update of the Master Transportation Plan. And then lastly, a map was omitted from Exhibit A, in your list of proposed revision,and that was the map with a labeling change for Suburban Focus Area 8, the Military Highway Corridor Strategic Focus Area. You can look to the next page so you can see that map. It was just a labeling change. We mislabeled a portion of the City of Norfolk as the City of Chesapeake. We are making that correction. So,with that list of proposed changes and that addendum,the staff recommends approval of the Plan and it is available for any questions. Jeff Hodgson: Does anyone have any questions for Jeryl? Jeryl Phillips: And before I leave, I would just like to acknowledge all of your time and effort working with us. We really appreciate this in the past two years and the huge staff effort that was involved, led by the Comprehensive Planning Division and a lot of input from many other departments. We appreciate the support of the Director. Jeff Hodgson: I believe this has been going on for a year and a half on this. Jeryl Phillips: Almost two years. Jeff Hodgson: Almost two years. The list is too long to even begin to mention you all who have been involved in this. I mean,the countless hours. I mean by your team and the Commission up here. I think in some ways the City staff was over us. We went through this line by lien and word by word, and we started with a great plan before and our goal was,and the reason why we took it so seriously was to try and make it that much better for the final;so,thanks for being patient with all of us for all the little nick picks that we went through and did in this Plan. So,thank you. Jeryl Phillips: Thank you. Jan Rucinski: I just have one thing. For those who weren't familiar, if you could just provide some clarification. So, once this goes to Council, and whatever point it becomes accepted, it is going to be one whole document. They are not going to see piece meal on what was changed at those different times. Everything is going to flow smoothly and it is going to be all together in one document. Jeryl Phillips: Correct. All adopted revisions would be moved in to a new clean document of three parts, a Policy Document, a Technical Report, and a Reference Handbook. Jan Rucinski: Okay. Thank you. Jeff Hodgson: thanks Jeryl. Jan Rucinski: We have a speaker in support and that is Lorraine Samko, representing the Aragona Village Civic League. Jeff Hodgson: Good afternoon. Item #D4 City of Virginia Beach Page 4 Lorraine Samko: Good afternoon. Thank you. I've never spoken before a group before so forgive me if I am nervous. Jan Rucinski: Please state your name for the record. Lorraine Samko: I have a prepared statement. Jeff Hodgson: Could you please state your name first for the record. Lorraine Samko: I am Lorraine Samko and I am President of Aragona Village Civic League in the Bayside District of Virginia Beach. Okay. I do have a prepared statement. Good afternoon, ladies and gentlemen of the Planning Commission. I am Lorraine Samko, President of the Aragona Village Civic League. I am here today in representation of a consensus of the residents of the Aragona Village. Aragona Village Civic League and the residents of Aragona Village, respectfully ask today that the Planning Commission approve the City Comprehensive Plan, with its incorporated Strategic Growth Districts to include an addendum, an amendment, or revision that would adopt the removal of actual physical written and visual consideration to open a paper street section of Lavender Lane and Aragona Village located between Broad Street and Virginia Beach Boulevard and that future plans and maps reflect this matter,which was item A on the handout that I brought a copy of for each member. Aragona Village, begun in 1957 by Johnny Aragona, has existed much earlier than the surrounding development built to our north, east,south and west. Our neighborhood sustains direct impact of encroachment from all sides to include the increase of heavy and dangerous traffic on numerous streets in our neighborhood that were only designed and initially for neighborhood usage. This includes Lavender Lane,Aragona Boulevard, Sullivan Boulevard, and Kellam Road among others. It is fair to note that Aragona Village has never been directly invited to participate in the planning stages of either the Pembroke Strategic Growth Area referenced further as PSGA Plan or the City Comprehensive Plan. And while we respect the protocol of public notice, if we are suggested in print from our city government,to be directly impacted by a flyover to run straight through the southwestern part of our neighborhood of 2,988 homes per the City tax records, which is item B,then we should be invited to participate on a personal level at the beginning of such planning. It is stated on page 12 of the PSGA plan that Columbus Station and Pocahontas Village were to be invited to participate in early planning and then have no such affront suggested for these neighborhoods. A presentation brought to an Aragona Village Civic League meeting in September 2014, long after much of the planning had been done,did not include the power point slide presentation in item B. The Lavender Lane flyover only came to our attention in the month of March by an astute neighbor who now watches web and print for information related to our neighborhood. We requested copies of all current plans and an Aragona Village Civic League task force reviewed them in full. In reviewing this to the PSGA plans it is more discretely indicated to open through traffic on a paper section of Lavender Lane between Broad Street and Virginia Beach Boulevard and create a flyover, which is item C. We requested a meeting with PSGA Planning to address this, along with other questions concerning the effects of the plans. We met on April 7 with Mark Shea and Ashby Moss. We directed to them at present: 1. Lavender is a lane, not a Boulevard or road. Traffic on Lavender is excessive and extremely dangerous at present. Speeding at or in excess of 35 mph is normal and has been substantiated by Virginia Beach Traffic Engineering. We have received minimal support Item #D4 City of Virginia Beach Page 5 from Traffic Engineering to curb the abuse. Even additional stop signs have been asked for and we have been denied. 2. There are 70 homeowners on Lavender that directly sustain the current traffic misconduct on a daily basis. Adjacent streets of Rose Marie, with 55 homes,Jacqueline, with 85 homes and Carnation,with 41 homes, also bear a substantial impact. These homes have already lost resale value due to the current traffic conditions. Homeowners selling their homes have concerns about them being shown at peak commute times. 3. There are a minimum 3 elementary bus stops on Lavender Lane, one within 75 feet of Witchduck Road traffic. There are also several middle and high school bus stops. A near tragedy happened in fall of 2015 with a car careening at high speed and narrowly missing a parent with children at a bus stop on Lavender. 4. Our Police Department has indicate through reports from Traffic calming work on Sullivan Boulevard that nearly 70 percent of citations issued are not residents of Aragona Village. We feel this holds true to most of the traffic abuse on our streets. Can you imagine yourself living on Lavender Lane now? And if this lane is opened to further traffic perversion, can you even imagine living within a mile of Lavender Lane? It was stated by both planners that the flyover presentation in Item B was a concept by an outside consultant and that current or future funding is non-existent and implementation was doubtful. A consensus by all parties was reached that there is no viable reason to continue indication or pursuit, per the plans,to open a paper street section of Lavender Lane between Broad Street and Virginia Beach Boulevard. We asked for directive to proceed to remove this item from the plans and their recommendation was to ask you,the Planning Commission,for this relief. Mark Shea and Brian Solis have indicated they would attend this meeting and would address the Planning Commission to support our request if asked. Aragona Village Civic League, on behalf of the residents of Aragona village, respectfully requests the Planning Commission approve the City Comprehensive Plan today with an addendum, amendment or revision that would adopt the removal of any consideration to open the paper street section of Lavender Lane in Aragona Village located between Broad Street and Virginia Beach Boulevard and that future plans and maps reflect this matter. Thank you for your time and allowing us to speak. Jeff Hodgson: Thank you Ms. Samko. Real quick! Were you in this morning's meeting? I am not sure you were. Lorraine Samko: No sir, I was not. Jeff Hodgson: This came up and we discussed this at our meeting today, and out of that was this addendum, which I don't know if you saw that has future action recommendations for the Master Transportation Plan for the Pembroke SGA, using a public process that involves adjacent neighborhoods, and that is to address your concerns that were brought to us this morning, and we hope that would suffice on what you're looking for. Item #D4 City of Virginia Beach Page 6 Lorraine Samko: Do you have a copy that I could see? I did hear the previous speaker mention something but could not hear her from the back. Jeff Hodgson: If you look at the one that says page 37. Lorraine Samko: Okay. Alright. Jeff Hodgson: I believe Mark mentioned that this isn't even proposed in the next 20 years, and since it is not like something that can happen next year, we've got a 20 year window,this gives us time to do a study and make the necessary changes to the SGA. Is that kind of a correct statement? Mark Shea. Yes that is correct. Ed Weeden: State your name for the record. Mark Shea: I'm Mark Shea,Transportation Planner for the City of Virginia Beach. Just to kind of be consistent with Lorraine was saying earlier that we do agree that with the lack of the need being shown for that paper street being connected, and also based on the fact that it is a conceptual plan and that we didn't have any funding identified for the flyover in the next 20 years, however, looking at the big picture the flyover isn't necessary to support the SGA, so we didn't want to go any further on that but our paper street,we were. The second point was the cost estimate on how to do that with a future plan amendment or could it be done at this meeting. Does that answer your question? Jeff Hodgson: Does that answer your question? Lorraine Samko: We would have to test that previously. Jeff Hodgson: Okay.A re there any other question up here? Ronald Ripley:The idea of the public plan was really to look at the whole area, so if the transportation is not working the way it should work and how it should work in the future,this part that you brought up ought to be considered seriously, so that was the idea of the plan. Mark Shea: We are seeing Lavender Lane as a whole. Lorraine Samko: Lavender Lane is a whole and should be addressed and I think it is important that we begin now to address the fact that if we don't do something it is going to be worse and certainly, I think we've agreed that a flyover would not help the situation, but I think there are things that we can do within the Plans to assist our neighborhood and better traffic management for our neighbors. Jeff Hodgson: I think we agree with you and this gives us an opportunity to do that at a greater detail instead of just having one more piece. Lorraine Samko: Okay. Jeff Hodgson: Is there anybody else. Lorraine Samko: Thank you for your time. Item #D4 City of Virginia Beach Page 7 Jan Rucinski: Our next speaker is in opposition and it is the Seatack Community Civic League. There is no name on here. It just says Seatack Community Civic League. E. George Minns: That is not my card. My card has my name on it Jeff Hodgson: Did anyone just write Seatack Civic League speaker? E. George Minns: That is not my handwriting. Jeff Hodgson: Please continue. E. George Minns: Seatack would ask.... Jeff Hodgson: Please state your name. E. George Minns: E. George Minns, President of the Seatack Community Civic League. We would have to ask that again that this not be approved on the basis of fundamental values. Other communities may have minor situations. As I indicated to this body on March 9th, Seatack was left out for 40 years, as it relates to the Comprehensive Plan,48 years overlooked historically, although we were the first community there. Now, keep in mind that Seatack has never caused any problems to the City. Seatack has provided a lot of the backbone that helped the foundation of the City to grow. So, why is it that Seatack has to beg for basic American fundamental values? If you look at what was before you on March 9th, now you look at what's before you today, we are in worse condition today, as it relates to the Comprehensive Plan than we were on March 9th'when this body took a constitutional position and sent it back to get it corrected. On March 9th,your record will show they got our name correct, Historic Seatack Community,they placed us in the proper position Suburban Focus Area,along with other suburban focus areas. In that aspect, name Suburban Focus Area,we were equal for a moment. We didn't have anybody else to come to other than you to exercise our free speech and objection. We did not create the problem we are forced to live under. We did not exclude ourselves for 40 years. We excluded by the City. We didn't create the problem. We came to the City to correct the unjust, the unconstitutional lift that was opposed upon our community for over 40 years, while everything around us progressed. When due process, I believe would be required. And due process is a process that is due under a given set of circumstances depending on the precise governmental action to a degree to which the American citizens have to suffer. We already suffered 40 years before we even knew what a Comprehensive Plan was. We didn't get a full understanding of it until January, so we come before you in March and I outline to you this problem that is forced upon us, not any other community in the Oceanfront. We are the only African-American community in the Oceanfront. We had no control of being born African-American. Why is that being used to treat us differently? If you look at the March 9th and you look at what's proposed today. You look at North Beach, it stays the same. You look at Shore Drive Corridor, it stays the same. These are focus areas. Now you look at Seatack. Delete the name. Delete the picture. Delete the text. The only thing we were saying was correct our history. We are over 200 year old community.As African-Americans, haven't we suffered enough? Is it too much to ask that our history be correct for all our contributions we given before any law American ever had? Who created the problem? Mr. Frankenfield said he was going to write up something with a passion. Well that sounded fair. The only thing he didn't tell he was going to write it up,and put it in the book before letting me know. So, that's where the argument started over history because what was in there was wrong, because Mr. Frankenfield didn't grow up in Seatack. He does not know Seatack history. Each city community should have the American right to tell you who they are. What their needs are. Item #D4 City of Virginia Beach Page 8 We should not be punished for exercising free speech, but if you look where we were on March 9th, and look where we are today, in your records,we were punished. Now what would the Supreme Court say about punishing innocent American citizens guilty of no crime? We haven't committed a crime. All we wanted was our history corrected. To impose punishment upon a person solely because he can do it, because he has the power to do it,just was William 0. Douglas,who was one of the longest is sitting on the Supreme Court,said it's offensive to the cardinal principles for which the Constitution stands. We would never have liberty and justice for all if citizens can't come to you and explain their community conditions and surely not to be there after punished because you sent back for corrections. We should have not been punished but when you take this below from where we were, and you said now delete them.That's punishment for what? You just had us where we should have been all the time in the Suburban Focus Area but you took it all away. That's wrong. It's constitutionally wrong. At the very moment, we deserve procedural process since all of it does involve property. Here is the record of the notice we received. We just got notice this was being done to us April 7th. Would you please pass this around? This is Mr. Frankenfield's email to us that we discovered what was being done to us. Now, somewhere I read that citizens were supposed to be given two week notice on changes of that major. And these are material changes. These are not minor changes. And we shouldn't get mad and punish us because, he doesn't know our history,you can't know it. You didn't live it. That's the reason we ask because once the Comprehensive Plan goes forward,that's five years. We should not be committed to suffer five more years. We already suffered 40. I believe somewhere along the line that even Seatack is entitled to equal justice under the law. I think the Federal constitution says that"No state shall make or enforce any laws that are abuse the rights and privileges or deny its inhabitants. We are inhabitants, equal protection under the law. How can you look at how Shore Drive is? Adequately treated. Look at North Beach. Adequately treated. But look at what happened to Seatack? Denied for 40 years, and then when we finally discovered what was going on,we didn't know anything about a Comprehensive Plan. Last month we were almost there. We were almost to the equality, but now we are worse off just because we exercised free speech. I don't think you can punish American citizens for going to the statutory governmental body exercising free speech. And look at the different between where we were when you sent it back and look where we are now and tell me what is the crime that we committed that would warrant that degree of punishment upon a community,the entire community? Even if you hate George Minns,you cannot justify punishing a whole community because you don't like the Civic League President, denying free speech even if there are things we don't agree because we are limited. And Seatack doesn't need the Planning department to be a Taliban on us. We supposed to be America. And no citizen should feel afraid to come before the Planning Commission or City Council, and the city record should not show that those innocent American citizens have been punished by city staff for free speech. Are there any questions? Jeff Hodgson: Are there any questions for Mr. Minns? I just have one question. You said you weren't aware of the Comprehensive Plan until this January that it even existed? E. George Minns: In the context of how it works and so forth. I heard the phrase Comprehensive Plan. But we didn't know that communities could participate in it and all of that. When the City uses a lot of phrases, they don't ring a bell. Just like we caught them labeling our community Oceana East, but you use that phrase, people at Seatack don't know what you're talking about. Jeff Hodgson: I don't think the City intentionally hid the Comprehensive Plan from Seatack and showed it to the rest of Virginia Beach and just didn't show Seatack that we had a Comprehensive Plan. E. George Minns: Let me say and I will put it like this. If you are subjected to a second rate education Item #D4 City of Virginia Beach Page 9 system for years, and you expect it to function like people who never suffered that, we are constantly being subjected to things. Now you can hear about Comprehensive Plan,you can hear a lot of phrases but you don't really know the inner workings of it that ok if it opens up like the Red Sea once, and then it closes up for five years. We are sitting in Seatack we were wondering why were things are being done in other communities but not in ours. After we got in to in depth, I saw a map with a name that I have never seen, so I went to digging and that's what led to a full understanding of the Comprehensive Plan. And that's when inside that old community it began to understand why we got left out of so much, so that became really important for us get into a better corrected now, because it is basically now or never. We got overlays all on top of us that shouldn't even be in our residential area. In fact, when proposed by the City they were not going to do it. One of them was the aquarium. It was supposed to go around the back of Seatack . We went to the day time meeting,the nighttime meeting and all that, and they showed us maps and said okay, we are not coming through your residential area, and then we got to January 20th at the Convention Center, the map they got up there is the one they had at the beginning. So, they fooled us by switching the maps. It was like a bait and switch thing going on. That is what I mean when I say what we experience in Seatack versus what you see in other areas. And then City records showed you were an inbalance in the black community and not in others because they go down there and meet with them privately and explain things to them and they didn't do that to us. It is not the same. So we will ask that you not approve this. No other community in the City has suffered 40 years. We have now suffered in front of you. We were here on March 9th. You see where that is, it is on your record. And you see where we are today, which is less. That's punishment. That's wrong. Jeff Hodgson: Just one more thing I want to clarify is this. You mentioned that if this is approved, it is five years. That's it. I would just like to tell you that five years that I've been on here, I can't tell you how many Comprehensive Plan revisions we've done in the last five years that I've been on here.So, it is not that if it is approved today, nothing can happen to it for five years. It can be amended next month, two months from now,six months from now. So, it is not a five year. E. George Minns: You know how indian say if you walk a mile in my moccasins then you understand my pain. If your community has been denied 40 years,you finally find out and the doors open and gasping and go cope to find the equal that the sun is shining. March 9th, we were close. But from March 9th, to here, that is basically a 30 day period, look how far we've been pushed almost back to where we were before we even discovered it. And, now you're saying, it could be. It could be. It could have been done any time in the 40 years but it wasn't. Jeff Hodgson: So, my understanding was that previously everything you asked for is in here. E. George Minns: No sir. Jeff Hodgson: With the exception you're saying the Special Focus Area,that map. E. George Minns: No sir. The history that is written in the revision... Jeff Hodgson: Which I am looking at right here. E. George Minns: Does even match the Circuit Court Records. I just didn't go down bullet, bullet, bullet, all the things that are off base. It is contradictory within the first paragraph of itself. It says formed in the late 1800s. Don't you know we got our name in the war of 1812? So, how can you say we've became existing in the late 1800s? ' I I Item#D4 City of Virginia Beach Page 10 Jeff Hodgson: It says possible as far back as the 1500s. E. George Minns: But I'm saying it's bouncing around. Jeff Hodgson: Well, okay. E. George Minns: The history leaves out a lot. It is twisting in ways it shouldn't be. So,the history is not correct. Then we are moved out of the Suburban Focus Area where we should be. Jan Rucinsk: I have a question. E. George Minns: Yes ma'am. Jan Rucinski: Why do you think you need to be in the Suburban Focus Area? What focus do you think that the Planning Department or the city of Virginia Beach needs to do at Seatack? E. George Minns: Number one, it should be respected as a historical community. Since the Supreme Court of Virginia says you don't have to have a historical building. They already tore down all the historical buildings. But there could still be a historical overlay district protecting its culture. How does the City justify trashing all of the black history in Seatack that is American history. We have civil war graves and stuff there and other artifacts. How do you justify overlooking it? Jan Rucinski: It is not overlooked. E. George Minns: It has been totally overlooked. There is no reference. Jan Rucinski: It has been moved to the historical section of the Comprehensive Plan, so my question to you is why do you think there needs to be a Special Focus Area? What focus do you think the city needs to have in regards to Planning for Seatack? E. George Minns: The same, equal should mean equal. The same way the City preserved community that came into existence in 1915 Old Beach. That is the same type of City delivering of preservation services that should have been delivered to the Seatack Community that has existed over 200 years. If no more than the fact that we helped build the town of Virginia Beach, and the City of Virginia Beach, for all we've contributed. In your own documents, it says something about those who contributed to the growth work and development of the City. But how do you disregard Seatack? Jan Rucinski: I still don't understand why you think it should be a Special Focus Area? E. George Minns: Because we made contributions to this City,and our community is being eaten up from 1963 to now. It is like pacman eating our community up, so our boundary is going to be outlined and that area needs an overlay historical culture area, and tweaked as past history. We don't have a chance to show the historical value, because no one won't listen. A lot say the same thing like you. But I don't' understand. Sometimes it is hard to understand other people's culture, and we will never understand diversified cultures if we don't'give them a chance. But they understood Old Beach. Jan Rucinski: Because there were changes that needed to be made there. What changes need to be made to Seatack? I II i Item#D4 City of Virginia Beach Page 11 E. George Minns: Stop trashing it. Stop putting storage sheds in there. Give it a chance to be the historical place that it is, recognize the few historical things that are still there so we can have in this city a black history tour about American history. It is as much American history in Virginia Beach, as a matter of fact, it is the Colonial Williamsburg of Virginia beach. But it has been overlooked. The City saw the significance in Kempsville, but it's overlooked at Seatack. Jan Rucinski: Because changes need to done there, and that is why I believe by putting in the Technical Report and referring to the History of Seatack and giving Seatack the credit for the history that is there is a more appropriate place for Seatack to be outlined in the Comprehensive Plan. E. George Minns: I respectfully disagree that Seatack is more than just history. We are still there, but our community is being wiped out. What you're are talking about leads to our land being taken and anything else done with it, without us having a voice. And that is what happens with the section I live in. We ask you as a body today,to consider these wrongs that has been done. You can refuse. We've then left with nothing but the Federal judge because at somewhere it needs to stop. Anybody outside of Seatack shoves down Seatack is struggles, to microwave what I think your land should be used for. Jeff Hodgson: Speaking for me and nobody else up here. I think this is a very important area. I think this area is surrounded by the some of the City's biggest assets.The aquarium,the Oceanfront,the potential arena that may be coming in,the amusement park that is there.You've got a lot of the amenities surrounding the Seatack area. I personally think this is a very important area. The one thing I think we're doing positive here is instead of at the 11th hour trying to rush and create an SFA in this area, when it needs to be studied a little more, which is what was asked, and you're saying that once itgs approved by Council, it is five years. That is not true. It could be next month we can decide and say let's look at this as a Special Focus Area, and spend the time on it instead of holding this entire plan up that we worked for two years on because this came to us at the 11th hour. It wasn't because we're trying to punish you, and I'm speaking for myself. I don't think anybody here is trying to punish you. I think this came to us at the 11th hour. We worked incredibly hard on this document, and to trying to shove something in at the last minute and not give it the attention that we gave every other piece of this document is not fair to you, Seatack or the City of Virginia Beach as a whole. E. George Minns: Let me ask you this what would it take away from you as Commissioner of the City,to put Seatack if only simplistically on equal footing of significance in a Suburban Focus Area? Jeff Hodgson: I don't think anyone is disagreeing with you on that. I think we want to look at this, instead at the 11th hour trying to stick something in here that may not be right or it might not do you the justice that is deserved. E. George Minns: The injustice is to do things in to us without us included. Whatever was done in back rooms,we were not included. Bob Thornton: What exactly are you talking about? What was done to you that you didn't know about? We had public hearings for zoning. Public hearings for use permits, public hearings for everything known to man in the City, which is the way it is supposed to be. So what exactly are you talking about? What specific? E. George Minns: The original write-up that went in the printed book was not shown to us until after it was in that book. We were not told anything before it went in. We were told it would be written up, II Item #D4 City of Virginia Beach Page 12 could review it. That sounded very fair. When we went to look, it was already in the book. Then we were told that it cannot be changed. It has to go past Planning and City Council before any revisions could be done. Bob Thornton: Are you talking about the amendments that the plan we are working on now? Are you talking about the past? E. George Minns: What came before you on March 9th when we were in a Suburban Focus Area. Nobody said we shouldn't be in a Suburban Focus area, and that's exactly what the Planning Staff brought to the community in the meeting and we got the video. Jeff Hodgson: That goes back to what I was just been saying. It came to us at the 11th hour. And those things, we want to do them right, and all of a sudden were saying here's the map, here is where the SFA needs go. We haven't had a chance to go through that and might even make it better for you, maybe its bigger, maybe smaller. I don't know. We haven't had a chance to go through it we're saying we don't' want to hold up two years of work so we could get that. This could be approved by Council next week,maybe not. And then the next month. We can say hey, let's look at this SFA and see how we can do this the right way instead of just doing it at the last minute and not doing it right. E. George Minns: The only reason why I was at the meeting last month, it was because we were not informed as other communities were informed. Dee Oliver: Mr. Minns, respectfully, every time we do something, it is published. It is published in the newspaper. It is published all over the City for the public to hear it and to know that. That being said, this document is a living short, I think now it is breathing, because we worked on it so much. The document changes constantly. The lady from Aragona came in. All of a sudden she says wait a minute you got this ramp coming in 20 years down the road. Maybe this ramp will come in, maybe it won't come in. But right now,she's got an issue with the paper street. We just,two hours ago made an amendment to add in here to protect this paper street that she doesn't want made into a road. When you came up here the first thing you said when you stood up was I don't want any storage unit. Right? E. George Minns: That was another application. Dee Oliver: Right,that is on this issue because what we're talking about is your district. That is in your district. I don't want the storage unit in your district. E. George Minns: Well,thank you. Dee Oliver: But you have to give us an opportunity to look at the district,detailed completely. You don't want us to just willy nilly throw a blanket, and a net overlook this area, and just say let's just do it. It is not fair to that area. It is not what you want and it is not what we want. I don't want to see these storage units all through your neighborhood. I think it is terrible. E. George Minns: They are already there. Dee Oliver: I realize that. I'm well aware of that. What we have in the book now is your map. We have your map. E. George Minns: You have part of what we tried to get them to do. Item #D4 City of Virginia Beach Page 13 Dee Oliver: Sir,we have a map. We have the history of Seatack. We've done a ton of work on this. What we need to do to make it a focus group for you is to work on that so we can get what you want but we can't do that like that, because we just started working on this 45 days ago. The description is there. It is open-ended and it is ready to roll. It needs to go and be voted on; so, we can do it the correct way. Jeff Hodgson: I can you that my two years on this Commission, and I will do everything that I can to work in the area. It is my backyard. I live right there too. My best friend lives in Seatack. So, I will do everything that I can, and I'm sorry that I have to say something here. Barry agreed„ and I don't want to put words in your mouth that this warrants to be looked at as a SFA, and we are willing to do that but we as a group said we're rushing it. We don't want to do this half-cocked. Let us look at it in more detail and try to come with something a little better than what we would just shove in right now We are not trying to punish you. I can promise you that. Dee Oliver: I don't mean to cut you off but Seatack is not just your community. It is all of our community. We are built around Seatack. We drive through it, we live through,and we use it. It is part of our community. Don't you think we want to be proud of your community when we go through there? Don't you think it is as important to us as it is too you to make it as beautiful as it can possibly be? To rush us through this is not in the best interest of that section of our City that we all proud of our City, and we need to take it slow. You're talking new construction, roads,whatever you want, storage buildings and not storage buildings. Change in zonings, not change in zonings. We can't do all that in 45 days. You don't want us too. We want to be as proud of that community as you want it to be. E. George Minns: May I respond? Dee Oliver: Yes sir. E. George Minns: I don't see how anyone else and I can be on the same page if I am not included. For what you're saying now, it sounds like you're saying that the Commission removed it from the Suburban Focus. Jeff Hodgson: That is correct. Jan Rucinski:That is correct. We requested a change of placement. We did not want it removed from the Comprehensive Plan. We agreed to a change of placement in the Comprehensive Plan. Jeff Hodgson: For the history and the map. The SFA, we did not want to stick that in there right now. That was not a choice by Barry. Barry came to us and said it, and again I don't'want to put words in your mouth. This area deserves to have a special focus area, and it warrants it. And, I think we all agree on that. We just weren't willing to try and do it that quickly. E. George Minns: That makes it even more painful. That is saying there was something about the Commission. A decision was made from where we were. We were looking at it March 9th. And then it was moved to where it is now, not by Mr. Frankenfield but by the Commission, and we were not even told that it was being discussed, so that our input could have been considered whatever the decision is made to move it from where it was shown on the record March 9th to where it is today. In fact, we were actually thinking Mr. Frankenfield did it. But from what you're saying the Commission did it. Item #D4 City of Virginia Beach Page 14 Bob Thornton: Mr. Minns,the SFA never existed. There was never a Special Focus Area 10. E. George Minns: We were 9. Bob Thornton: Nine. Bob Thornton: When you came to us in March and brought this matter up,one of Barry's solutions was to say to us, we can create another Special Focus Area built around the map you gave us. After we debated with Barry,we as a body said, it is not proper. We can't debt it. As Dee said, you're not the only people that live in this neighborhood.There are businesses.There are industrial properties. The United States Navy has the large piece of property in here that they control by air rights and AICUZ. We just didn't feel like we could stick this in the ordinance or stick this in the plan without having the whole community involved in it. So, we suggested to him to pull it out. We're not comfortable creating a Special Focus Area, so we put your concerns in the Technical section of the book,and that is where we have it today, and that is where we propose to approve it. If you and your neighborhood, and the rest of this body feel like a SFA is warranted,we'll have public debate about it. We'll have a meeting about it. We'll have work sessions on it. We'll ask our staff to give us recommendations, but you have to remember, and Dee said it perfectly right,you all are not the only people that live inside that map. There are lots of businesses. There are lots of people, and we just can't do something to satisfy one small group of that geography, and not take into consideration everybody that is in that geography. So that is why we made the decision we made, and we asked him to move it, and put it where it is today, as a result of our work. E. George Minns: Why didn't someone let us know? Dee Oliver: We did. There was a public hearing. You weren't there. It was at Town Center. What was the date of that? At the SGA Office. It was a workshop. It was open to the public. Ross Brockwell: And also what we are doing today is kind of presenting the results of that workshop. As I was going to point out. Jeff Hodgson: Hold your though real quick. I know Karen has been waiting. Karen? Karen Kwasny: I think the discrepancy between what you want and what's there,what's been provided, what's been documented is illustrative of Jeff's initial point, which is that it needs more detailed attention,with your input with you at the table, your community in the discussion for the shaping of the SGA. If it is going to go in as a Suburban Focus Area, I'm sorry SFA, it is going to go in as a SFA. One of the things that was apparent when we were looking at,what we had a workshop is there was a huge body of historical information in the SFA, which isn't appropriate to the information that goes into the Comprehensive Plan on a SFA, it is much more technical, and so when we took out the historical vial information and put it where it belongs,which is in historical resources, and I may add that Seatack has a significant area of text in the historical resources, and rightfully so. It is a valuable historical resource to the City of Virginia Beach and we need to recognize these historical resources because we don't emphasis the draw of our history. It is everyone's history. And so that is the place for that. But when we put that out what was the more technical aspect of the SFA, we were at a loss because work needed to be done to put it into the shape of the other SFAs,and frankly,there just isn't the time to do that with your community at the table. You've illustrated that,you're very displeased with the language in the historical resource section, and you weren't 100 pleased with what was being done in the SFA, and that I Item #D4 City of Virginia Beach Page 15 suggest to me,going back to Jeff's initial point, that this living breathing document, as Dee said, needs to be, this part of it needs to be addressed in such a way that we're patient with the process, so that what needs to be done to highlight the history, mark the area, show the value can be done. Sometimes it's just a matter of taking a step back, taking a look at the value, and then applying. What we're doing right now is arguing over what's not in there, and we just need to take some time with it. And it is not the Red Sea closing. It is actually a door still opening, because there is an opportunity here for us to, really, have your voices be heard and have the history you like in the Comprehensive Plan,Technical Report whatever, be there. I think continuing to be divisive about what's not correct and what's not included isn't helping us get to where we need to be and that is push this forward and come back and do what needs to be done, and spend some time providing all of us with a history you're convinced we don't have a value for, and we don't have the knowledge of, and we can't get that in two to three weeks when we're trying to put together this very dense document in its entirety. E. George Minns: I am absolutely blown away. That a workshop, I was under the impression at your workshop you all discuss things but others could not have input. Michael Inman: We could never do that. We have to out in the open. E. George Minns: You could be out in the open but, in other words, I could not speak. Michael Inman: Oh, okay, I'm sorry. You're right. E. George Minns: So, I wouldn't have input, and I have to work for a living. So the time for me to have input is today. But I'm hearing that a decision was made in your workshop. I object for the record to that process. Ross Brockwell: Well, I can make the point that I was going to make and so that you know, in this workshop, we had scheduled for two hours and it took 3 1/2 hours. We take this very seriously. One of the things that we discussed was the merits of recommending in the plan is the Historical Overlay District, and that recommendation has large consequences, some which are unforeseeable and unintended and a discussion about, yes of course this is a historic district, should we do a Historical Overlay District? And there are lots of things that happen when you invoke that mechanism that can't be hashed out in a two hour workshop and they can't be hashed out here. So, I am just saying this to let you know that all of these things that you're thinking about are being taken very seriously and considered very thoroughly but like everyone has said,to put this in the Plan in the format that you envisioned, we didn't feel it was appropriate and we think we can go forward confidently with the good recommendation of this Plan in its current form,with plenty of opportunity to address this topic and the others in the fairness they deserve going forward, so I would just like to reassure you personally that we take all of these things seriously, and the things that you may be afraid we have done,we haven't done. We definitely appreciate your commitment and your time and hopefully you understand the things that we try to highlight here in this discussion. So,thank you. E. George Minns: I owe Mr. Frankenfield an apology because I felt he did it. Now I am informed that it was done in a workshop, in which I would have had no voice, even if I had been physically present I could have no input. Because it wasn't a public hearing, it was a workshop, if I understand correctly, that's the reason we didn't appear because we assumed it was your workshop. Dee Oliver: Mr. Minns, when you come to a workshop, it gives you the opportunity to actually see what Item #D4 City of Virginia Beach Page 16 we do. What you see up here is not what we do. When we were in the informal, where you are allowed to come, and nobody is allowed to participate in our conversations,or a workshop that we participate in, you get to see exactly how we process things, what we do, how we vet certain things, what we want for the City. What you view of us here isn't the amount of work and though that goes into every single thing. We want the best for Seatack. We want it to grow. We want it to thrive. We want it to look fabulous. Those are the things that we discuss, It takes time to get those things done, and there is a process where in which we are tied to.And in order for us to do that,we have to have more time, but it is like Commissioner Kwasny said,this has opened the door to allow us to work more in depth in that area. E. George Minns: I want to thank all of you that have done anything to help Seatack. Seatack does not reflect today if you drive through it that anyone has sincerely tried to preserve it. I think you all know that as well. It is a big difference when you tell a citizen this is a hearing where you can speak versus this is a workshop,you can only sit and listen, and you have to make a decision to go to work and so forth. And you don't expect the binding decisions to be made that would have shifted us from where were to where we are now and that decision to have been made in a workshop. That constitutionally scares me a little bit. I'm not going to labor anymore. Jeff Hodgson: Mr. Minns, I know we're not going to come to an agreement here but we did this in your best interest whether you see that or not. E. George Minns: I don't. Jeff Hodgson: I understand.That is your opinion. Mike Inman: I want to clarify. We didn't make a decision in the workshop. The recommendation on how to proceed today we're making a decision. E. George Minns: Someone said,they said they made a decision to move from where it was to here. Jeff Hodgson: Not a decision, a recommendation. Mike Inman: The recommendation for changing the draft which was done. Bob Thornton: The SFA was never approved. It was a recommendation from our leader, Mr. Frankenfield, and we processed it. We talked about it. We spend three hours working on it. And at the end of that time, we came to the conclusion this would be a mistake because we're doing it in a hurry, and quite frankly, what I would like to suggest is, where we've reached the point where we put back on the table whether it is a good idea or not to create a Special Focus Group,you be part of it. You come and meet with us. We want your input because you are a big part of that community but you have to remember you're not all of that community. We need the stakeholders at the table and what we would call a Special Focus Area. You are part of it. The businesses are a part of it. There are other people that are part of it. We got to hear that from everybody. If we just did this just for you and the Seatack folks, we would have the other half of the people that live in that area pretty upset with us because we may put something in there that limits their ability to use their property. So, once we get to that point, I as one, and I'll be on this Commission two more years,we want you to work with us. We want a cooperating working environment. We don't want an adversarial environment. And, so that is my closing remark. Item#D4 City of Virginia Beach Page 17 E. George Minns: Two things. If you saw what we as a people, a packed church saw. There is DVD of it. That is why we DVD it. What Mr. Frankenfield presented to us that Planning would do. He is the Director of Planning, and we have every right to believe to what he was telling us about the Suburban Focus Area, and working on that, when we see we move, an official city record, however it happened and we never knew that anyone was making a decision on Seatack in a workshop. Jeff Hodgson: We made a recommendation. E. George Minns: The other thing is that I understand when you see me standing here, it is not just me. There are nine churches,4000 some citizens, but I hope the same procedure that is applied to Seatack. If you make Seatack bring everybody in the community; so, we can see everybody agree with that and not just you, do the same thing to the rest. But the City records show that special efforts were made to work with other communities and to get them to where they are. That is special effort wasn't applied to Seatack, but I am going to leave that right now. I'm going to go back and outline it chronologically how help was given to others that was not given to Seatack. We operated on basically what was shown to us. Jeff Hodgson: I don't know the benefit of that. We are telling you right now we are willing to work with you, and we did this in the best interest of Seatack. It seems like we're trying to help you but you're trying to point out all the wrong doings that we did, and that is why I am confused. We did this and delayed this. I hearing you say that you are blaming us that we did that for your community. I am dumb founded. E. George Minns: I am not blaming you for doing something for my community but as adults, if I'm doing something to impact you, your life,your parent,your hope, dreams and aspirations as an American citizen,should you not as an adult being informed as to what is being done? Bob Thornton: That is what today is all about. That is today. Jeff Hodgson: Just like Aragona Village. Today, we informed them what we were doing. We are not treating you any different then we treated them. Karen Kwasny: I think when Barry came to present to your community what he was making was a recommendation of what could be done with some of your desires, and some of your ideas. And what he brought back to the Commission, and what we reviewed was how that related to land use plans, which we are responsible for in the Comprehensive Plan, and that was why we took a look at what was in the Suburban Focus Area 9,what was in that text and determined what was appropriate to the text and what was appropriate to another part of the Comprehensive Plan document.So,we simply separated things out, and we then we took one piece of it and said this still needs attention. And Mr. Thornton made a very good point about. I understand that you represent a significant body but there are other pieces of that community that may also, want to be at the table that you don't represent. That is an important part of the process,that is that open door we're talking about getting bogged down in parts of the process up to this point that you are displeased with is in impeding the progress and all of us working together and coming up with a quality piece. And I really almost as a supplicant to you ask you to focus on what we can do. And I think we all admitted that there have already been mistakes along the way in terms of how Seatack has been incorporated or addressed in previous Comprehensive Plans and the documents. Whether or not we agree on that is subject to debate, I'm sure, for everyone in the room and elsewhere. But I think at the moment were agreeing that more Item #D4 City of Virginia Beach Page 18 positive work can be done and that we could do it if we put aside displeasure with process up to this point and focus on what can be done with the documents at hand. Bob Thornton: We can't rectify the past. We can only move forward and work with your community, and do the best we can for your community,the other people in the community and this Commission to make reasonable recommendations to City Council. At the end of the day,they are the people that make the decisions. We make recommendations to them, like Barry makes recommendations to us. And we want to work with you, but dragging up the past does absolutely nothing. We cannot fix the past. What happened two years or what happened in previous Comprehensive Plan, none of us were around then, and we want to make this right. We want to make a good document, and as someone said earlier. This document is constantly being tweaked. We see modifications in the ordinance. We see modifications in the Comprehensive Plan on a frequent basis. By law,we have to do a Master Comprehensive rewrite every five years but that doesn't mean we don't look at it when it is needed.The staff over here brings this stuff to us on a frequent basis and says this is inconsistent with another part of the plan; so, it is a living and breathing document. We want your input but dragging up the past and quite frankly, blaming us for the past, we didn't have anything to do with that. We want to be here to fix it. We want to be part of the solution not the problem. E. George Minns: I'm not blaming you for the past since you brought that issue up. But I have a duty to bring to your attention those things that we feel. If this one says don't talk about the past. We've already suffered through it. Then we get here. You suffer through the past some more. And nobody wants to touch it. But other things are going on around the City that has been done wrong in the past, is corrected. But I respect your position today. I will argue mine in another forum. Jeff Hodgson: Thank you sir. E. George Minns:Thank you. Jan Rucinski: We have one more speaker in opposition. Cheryl Snowden with Coastal Virginia Preservation. Jeff Hodgson: Good afternoon. Cheryl Snowden: Good afternoon to everybody Jan Rucinski: State your name. Cheryl Snowden: My name is Cheryl Snowden. Today, I am here as Information Officer for Coastal Virginia Preservation. An organization,we created four of us,and you all know Edna Hendricks, local historian, black historian, retired Lt.Colonel, United States Army,Jim McCue,who is our Vice President. B.G. Mills,who is Second Vice President,Seatack Community Civic League, and myself, who wear a number of hats. I sit on the Vision to Action 2040. I am to an At-large Board member of Seatack Community Civic League, and a native since 1959, since when I was born. After listening to everybody, and I'm glad now Barry that we don't have to blame you. Barry Frankenfield:There is probably some blaming you can do. Cheryl Snowden: Yeah, I am pretty sure there is. But, what I like to say was Mr. Minns does speak for I I Item #D4 City of Virginia Beach Page 19 Seatack Community,those of us the African American land owners and tax payers that live here. We back him and he backs us. I appreciate everything you guys said about going forward but sometimes weren't not going to go forward until we know what the past has done to make corrections. My cousin told me that I'm not going to make any friends trying to make the corrections that we have to make. But what Coastal Virginia Historical Preservation wants to offer to the City of Virginia Beach is the cited and referenced historical contributions of Seatack. Not just within the walls of Birdneck Road but also to from the beginning the Seatack Lifesaving Station that was changed. It is still Seatack. Princess Anne Hotel was Seatack Hotel, before it was changed. We're not just talking about an African American community, when we incorporate. I see this light blinking but I do believe I have ten minutes as a group. Jeff Hodgson: Yes ma'am. Cheryl Snowden: Okay. We're not just talking about Birdneck Road, Bells Road. We're talking about Seatack as a whole. With all of this intensive research that we done completed, I got a list right now of 13 items that I could shoot to guys with citations and references to Seatack. Whatever your research is or whatever you have to do, we can help. I personally would like to see being that this gentleman, Ross Brockwell is leaving, can we get someone one on this Planning Commission that would help with the, not only with the research that needs to be done for Seatack, but also a representative because right now I'm looking at everyone here. Is anyone here from Virginia Beach? Jeff Hodgson: You many not want to hear this but I'm actually am your representative for Seatack. Cheryl Snowden: Didn't know!. Just as the law doesn't recognize,we call it ignorance but I am just going to say this. We've had so many City representatives come to our civic league, and on questioning and asking why we couldn't do this and why couldn't do that. Not one of them brought up the Comprehensive Plan. So we could be informed with it. I have a Bachelor's Degree in Information Management Technology. I have an MBA. You can imagine how I felt after we found out about the Comprehensive Plan. My family also has a history of the Convention Center of having to be moved by imminent domain. Not that this is the subject here but I'm just saying my parents were never informed. They were just given a piece of paper one day. You have to leave basically. So, what Mr. Minns is talking about I can relate to. When you all talk about I can relate to because I was born and raised here. And a lot of my friends are black and a lot of my friends are white. But he is still trying to show you all is that it may not, and you can say that you didn't do it, but we are still talking about the Planning Commission. Right now, we can't look at you all as individuals, we look at you all as the Planning Commission. We can't look at Barry as an individual,we look at him as the Planning Director. We can't look at the SGA. It is agencies that we are looking at. So, Mr. Minns may be kind of aggressive. I am here to try and soften that blow Jeff Hodgson: We'll say he is passionate. Cheryl Snowden: He is very much so. I just want you guys to know that, and I was going to literally to run down on my list everything that I had but I'm going to hold that information because in these talks and whatever you guys decide to do today, and it looks to me that you have already made your decision but can be revised, or looked at, please incorporate some Seatack natives, maybe Coastal Virginia Presevation. It is not that we focus on black history. We focus on all the history. But, I'm trying to choose words. I don't want to sound like Mr. Minns, so much. Jeff Hodgson: It is okay if you sound like Mr. Minns. He didn't say anything wrong. Item#D4 City of Virginia Beach Page 20 Cheryl Snowden: I'm just saying I lived here since 1959, a child of desegregation. I've seen things happen. We've seen procedures. I don't know if our political representation wasn't informing us,which I thought it wasn't supposed to happen in politics but evidentially it has not happened. We are not blaming anybody as an individual here, but we do look at you all as a body because just as Mr. Brockwell, who is going to Italy,will be leaving,that changes nothing about the Planning Commission. Jeff Hodgson: Were going to miss a big asset. Cheryl Snowden: I watched you all in the last couple of years to see what was going on. You did have quite a bit of input. I liked your style and you kept it clean. Sometimes people can talk and they double talk.So, I think we need to get past the double talking, represent the African American community in Virginia Beach as a 200 year old African American community that is documented in the Library of Congress by our Congressman in the Second District, Congressman Scott Rigel. I don't know if you all knew that but he got on the house floor in May 2013,went to the Capitol building, and he read info to the Library of Congress that Seatack was the oldest African American community in the United States. So there is documentation for the history of the community itself, but the community far stretches more so than just N. Birdneck Road. If we look up all the history in deeds,you might almost have to give the city back to Seatack. Maybe that might be what the problem is because we really don't want to go back but we do have to recognize our past before we can move forward on some of these SGAs or what the Planning Commission wants to do. I am just keeping it real because I am really out of my comfort zone, don't like being in front of you, but it is almost force. Involve the Seatack community, and what the community wants. The civic league is a 106 year old civic league. So,when you're saying focus area, and my understanding. I know that you may be talking about the businesses that have been put there, some of the people who have recently moved there, but were not talking about present day. We're still trying to keep it historical. Some kind of way it has to be kept historical, and it also has to be kept protected. My family still owns a piece of land. They can't do anything but put crops on it. Chesapeake Bay Preservation,APZ1. A lot of that is not your fault. And I am pretty sure you all probably know other people like there in our situation, but as far as the effort of the SGA,the Planning Commission so much taken more land that we have that our grandfathers paid for. We are over 200 years old. We could not have stood without having people like Mr. Minns speak up for us. Even in some of the technical writings I've seen in the library, it says that they didn't want that land. I wonder why they didn't want the land? You had the opportunity to get it. Well,we had the opportunity to get it,we got it and we want to keep it. That is the bottom line. It is ours. We paid the taxes on it. Like I said,there needs to be more involvement. You just can't continue to come and decrease and decrease and decrease a community, an African American Community. I will beseech to all of you, let Coastal Virginia Preservation get involved with the historical aspect of what you all need to know before you make other decisions because I don't want to see us in Federal Court. I believe that would destroy our City. That is just what I believe from my heart. I really do. We all have to make decision as taxpayers,as Commissioners, as gencies to get this done, passing it today. Please be honest about your word Mr. Hodgson and Mr. Thornton, because you both expressed that. Don't let it be that we pass it today, and two weeks you guys are going to Italy. Bob Thornton: He hasn't invited us. If he invites us. Cheryl Snowden: I'm just saying because it is not an individual thing. It is the Planning Commission as a body. Anyone of you or all of you could be gone and replaced any day. It is not an individual thing. So, your fight is not with Mr. Minns. It is not even a fight. It is about communications. And again Barry, I am so glad. I like Barry, when we worked on the 2040, I like him. I know that he has a job to do. I II 1 Item#D4 City of Virginia Beach Page 21 Everybody basically has their job to do that works with the City, but also my job as a volunteer to advocate for those who cannot speak for themselves or who may be misinformed. Please keep us informed and let's try to do this thing together. Okay? Jeff Hodgson: Thank you. Are there any questions? Thank you very much for coming down. Is there anybody else? Jan Rucinski: I have no more speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commission. Jan Rucinski: Maybe what we need to do because I don't think we did this is go ahead and increase the addendum, the amendments we've done and indicate, put an addition for recommended for further action is to evaluate the Seatack, and the need for the SFA. Jeff Hodgon: I have to agree with you on that. Ross Brockwell: We had discussion on about it in the workshop. Jan Rucinski: I don't see it. I may have missed it Jeryl, but I went back to look at the bullet points that we made to make the addition to the changes but I don't see that we putting the other further action recommendations. And maybe that would help the Seatack community to have a little bit more of a good feeling that yes, our intentions are to look further, and see if action is needed. What kind of action? Where it should it be? But just to review that. Ross Brockwell: Jeff, if I may? We had two Friday workshops when we talked about this at night and the one we had in the Planning Building. We had four bullet points that I thought they were going to add to the recommendations. If I am mistaken,the second Friday workshop,we referred back those and maybe we thought the way those were phrased covered the intent as you just described after our discussions,the second projected workshop. Barry Frankenfield: We have them. We have those recommendations. When we moved it to the Technical Document, the Technical Document doesn't make recommendations so,we have those recommendations,we'll be able to put them somewhere, but they will not go into the Technical Document. Jan Rucinski: But wouldn't they go under in that same section of,well future recommendations in the Suburban Area. Isn't there a section that has further recommendations? Jeryl Phillips: Yes. That would be my recommendation that at the end of the Suburban Area Chapter, there is an agenda for future action recommendation, and that we add an item based on the wording you suggested that we evaluate the historic Seatack community neighborhood for consideration for recommendation as a Suburban Focus Area. I think it is very important that we go out, and work with the community in a non-rushed process, as you said,to identify what are the needs of the community. What are the needs of the stakeholders? And bring forward a set of recommendations for consideration for yes or no as a Suburban Focus Area. Jan Rucinski: Because we may sit down at a table in a workshop that includes everybody in that Item #D4 City of Virginia Beach Page 22 conference, and it may be determined that Seatack might say,you know what,we don't want those kind of restrictions; so, no we would like to have this changed in the Technical Document, if that is in their best interest. I just think that might give them a little bit more comfort that we are genuine. We're genuine that we think that area needs to be looked at, what the outcome of that is, we don't know right now. We won't know until we have an opportunity to review it and look at it. Ross Brockwell: Hey Jeff, I think page 39 of 40, Chapter 1, Section 1.3. These are the four bullet points we discussed. And, I remember we heard a lot of discussion about the word evaluate. We changed the word pursued delineation of the Historical Overlay District to evaluate for that exact reason. So, some of that leg work we may have already did. Jan Rucinski: That all went away when we took it out of the SFA and put it into the Technical Report. Jeff Hodgson: Is everyone okay with adding this to the addendum? Karen Kwasny: What if the language needs to include, and I don't know that we will assume it will be part of this but if it could include something that says with significant community outreach and perhaps even. I think Coastal Virginia Preservation needs to be mentioned in there. They have significant body of history and they would like a liaison, a Commissioner or someone to provide research, leg work with them to liaison with them, and that a recommendation be a part of that. Jan Rucinski: I don't think it is necessary to be listing all of those people because if we forget someone. Karen Kwasny: Outreach would cover that. Having that phrase in there references those people beyond just the Seatack community itself, other organizations. That is all that I am saying. Community outreach might be appropriate for that recommendation. Jeff Hodgson: You got all that wording for us? Jeryl Phillips: Again, I would recommend there would be an agenda for future action recommendation item added to partner with the Seatack community, and the stakeholders there to identify what the land use needs are. There could be other needs identified as part of that process. I'm comfortable with an evaluation on whether or into this should a Suburban Focus Area that could include things as looking into a Historical Cultural Overlay District,etc. Whatever comes forward as part of that process? But, committing to that as a recommendation here, I think will go very far. Jeff Hodgson: Okay. Does anybody else have any other discussion on this? Jan Rucinski: How does that affect our ability to move forward with this? Kay Wilson: It doesn't. You're going to vote on D4, approve or not approve the Comprehensive Plan and D3 is simply forwarding it to with your recommendation, and we're going to add this extra condition into the addendum that you're voting on, and it is included in your resolution. Jeff Hodgson: Is there anybody else? Would anybody like to make a motion? Jan Rucinski: I will. I would make a motion that we approve the Comprehensive Plan with the revision, and the addendum that we have been provided today, and send it forward to City Council. Item#D4 City of Virginia Beach Page 23 Jeff Hodgson: Motion made by Commissioner Rucinski. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: Second was made by Commissioner Oliver. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the Comprehensive Plan with the additional amendments and recommendations. Jeff Hodgson: Thank you for coming down. Mike Inman: Aren't we going to make a motion on D3? Jan Rucinski: I have to call D3. Jeff Hodgson: I wasn't saying were adjourned. I was thanking everybody for coming down today, and us, have a good debate on this. I think it was worth the time spent. So,thank you. Also, I know the Comprehensive Plan is a big document to read, but I would encourage everyone to at least read the introduction because it is very insightful to the City of Virginia Beach, and when I was looking through it, I was absolute amazed at the accolades that the City has gotten from the Nation just in the last, maybe ten years, so it is definitely worth reading that. It will make you proud to be part of the City. I f t ti 11. COMMONI VEAL TH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1700 North Main Street SUFFOLK,VIRGINIA 23434 Charles A.Kilpatrick,P.E. Commissioner April 29, 2016 Mark E. Shea, AICP City of Virginia Beach 4525 Main Street Virginia Beach,VA 23462 Re: Chapter 729 review of Virginia Beach's proposed Transportation & Comprehensive Plans Dear Mr. Shea We have completed our Chapter 729 review of Virginia Beach's proposed Transportation & Comprehensive Plans. The plans are extremely well done&offer a great deal of information to guide the City Council &Mayor regarding land use, transportation planning&its Capital Improvement Plan. Our review was focused on the state's Ch. 729 requirements & the locality's following three Plan documents: • Master Transportation Plan- 37 pages • Comprehensive Plan, Technical Document-247 pages • Plan Reference Handbook-83 pages The following are our Chapter 729 comments related to the above three documents: 1. CoSS Identification-Page 85 of the Technical Document includes a map of the state's CoSS. Virginia Beach has three CoSS: Interstate 64, U.S. 13 & U.S. 58. In addition to the statewide map,the Plan should include the identification of these three routes&the importance to the overall transportation plan. 2. Transportation needs & recommendations- These are discussed in great detail &mapped within the entire Master Transportation Plan. This item is acceptable. 3. Hierarchy of highways— Included primarily from pages 5 to 8 within the Master Transportation Plan. This is also discussed throughout the entire Master document. 4. Transportation map including projects & costs • This Chapter 729 requirement needs to be addressed within the final version of the Plan. Beginning on page 90 of the Comprehensive Plan Technical Document, there is a list"Primary Improvements." There were some of Virginia Beach's Six Year Improvement Plan projects listed here with some of the related costs. • Not all of Virginia Beach's SYIP projects need to be included in the document(s). Projects that should be included are those that are"significant new, improved, or relocated" highway projects on Rural Major or Urban Collector(or higher classification)roadways that involve either a new location, a relocated roadway, or adding one or more through lanes or an interchange. • I have attached a PDF document listing all of Virginia Beach's projects in the SYIP and a spreadsheet listing the SYIP projects vs those shown in the report. The projects you have shown in the"Primary Improvements"list are adequate to meet this requirement but the estimated costs do not line up in for all of the projects and should be addressed. Should you have any questions, please contact this office at the VDOT Hampton Roads District at 757-925-1525. ALincerely, . J M. pto Ro• •s Transpo at on Planning VirginiaDOT.org WP {CrFP V P1 JNA MnvTNC L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC � I M. UNFINISHED BUSINESS � I 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 ****************************** 05/17/16 tc MINUTES SUMMARY INFORMAL/FORMAL SESSION April 19 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H L W O Y L N AOOOR S 0 R E E EN SNM I 00 T R Y S E SDSNND CITY MANAGER'S BRIEFINGS A. FY 2016-17 Budget 1. Schools Daniel D.Edwards, Chairman—School Board 2. Quality Education and Lifelong Eva Poole, Director-Libraries Learning 3. Cultural/Recreational Opportunities a. Parks/Recreation Michael J.Kalvort, Director b. Cultural Affairs Emily Iabows, Office Director c. Aquarium/Historic Lynn Clements, Homes Director-Museums& Historic Resources A A IUIIUIV/ CERTIFICATION OF CLOSED CERTIFIED 9-0 Y B Y Y Y Y Y B Y Y Y V.A-E SESSION E T N A T 1 N E D A V.F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y April 5,2016 E N T V.II MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION REMOVED FROM Ambassador Jose Cuisia,Jr., AGENDA,BY Philippine Embassy CONSENSUS 2. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director—Finance V.1 PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 1113 Atlantic Avenue No Speakers (deWitt Cottage) b. Café Franchises: No Speakers Repeal Bourbon/Burgers Atlantic Avenue 204 Grill Atlantic Avenue Cancun Fiesta Atlantic Avenue Giovanni's Atlantic Avenue i CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 2 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y LN A O O O R S 0 R EE EN S NM I 00 T R Y S E S DSNND Vi PUBLIC HEARINGS(continued) 1. LEASES OF CITY-OWNED PROPERTY b.Café Franchises: No Speakers Lighthouse Boardwalk North Beach Boardwalk Yacht Club Boardwalk Chix Boardwalk c.Open Air Markets on City- No Speakers owned property: Old Beach Farmer's Market at 620 19th Street to 18th Street Old Beach Art Market at 620 19th Street to 18th Street Old Beach Green Market at 620 19th Street to 18th Street A V.J.1 Resolution to AUTHORIZE/ DIRECT ADOPTED,BY 9-1 Y Y Y Y Y Y Y Y N Y Beaches and Waterways Commission study/ CONSENT E recommend re EVENT HOMES N T V.J.2 Ordinances to AMEND City Code: a.Section 23.22.1 re possessing an ADOPTED,BY 10—0 Y A Y Y Y YY Y Y Y Y open container of alcohol in a public CONSENT place E N T b.Section 21-359 re Resort Permit ADOPTED, 9-1 Y A Y Y Y NY Y Y Y Y Area Parking with adjustments to RESOLUTION TO revenues BE PREPARED FOR MAY 3,2016 N T C.Advertising/Streets/Sidewalks: ADOPTED 10-0 Y A Y Y Y YY Y Y Y Y Sections 3-1 and 3-3 re on public s streets/ROW or other Public E Property: N T ADD Section 3-6 re Motor Vehicle Signs REPEAL Section 3-2 re Billboards Section 33-113.1 re Subdivision Identification Signs ADD Sections 33-114.4.1 re Roadside Guide Signs/33-114.4.2 re Public Art Sponsorship Signs Section 10-1 re renaming the Polling Place for Lynnhaven Precinct I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H LW O Y L N AOOOR S 0 R EE EN S NM 1 00 T R Y S E SDSNND V.J.3 Ordinance to AUTHORIZE/EXECUTE ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y a Lease with Back Bay Wildfowl Guild, CONSENT Inc.for City-owned property at 1113 E Atlantic Avenue N DISTRICT 6-BEACH T V.J.4 Ordinances GRANTING Franchise ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y Agreements: CONSENT a.Open Air Cafés in the Resort Area: E Repeal Bourbon&Burgers Atlantic N Avenue T Cancun Fiesta Atlantic Avenue Giovanni's Atlantic Avenue Lighthouse Boardwalk North Beach Boardwalk Yacht Club Boardwalk Chix Boardwalk b.Open Markets in the public ROW: DEFERRED FOR 10—0 Y A Y Y Y Y Y Y Y Y Y Old Beach Farmer's Market to 18th CORRECTION TO Street MAY 3,2016,BY Old Beach Art Market to 18th CONSENT N Street T Old Beach Green Market to 18th Street V.J.5 Ordinances to EXTEND the dates for ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y satisfying conditions in the matters of CONSENT closing: E • a.An unimproved ROW known as N Scott Bend Lane T b.I Jnimproved portions of: Singleton Way(formerly Princess Anne Road) South Witchduck Road(formerly Kempsville Road) Princess Anne Road(relocated) adjacent to the North,East and Southeast sides of Parcel"D" V.J.6 Ordinance to AUTHORIZE temporary ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y encroachments into portions of City- CONSENT owned property: E a.Lake Joyce at 4449 Lee Avenue N b.Lake Joyce at 4453 Lee Avenue T V.J.7 Ordinance to APPROPRIATE: ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y a.$380,325 Federal/State Seized Assets CONSENT to the Police E N b.$176,442 State revenue and TRANSFER$132,342 to General Registrar re Republican Primary Election i CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y LN A O O O R S 0 R E E ENS NM I 00 T R Y S E SDSNND V.J.8 Ordinances to ACCEPT/APPROPRIATE: ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y a. $844,447 from National Oceanic/ CONSENT Atmospheric Admin.to Citywide E Sea Level Rise/Recurrent Flooding N Analysis T b.$53,965 from VA Health/$19,877 from EMS/$36,460 from stand-by duty at special events to EMS V.J.9 Ordinance to TRANSFER$400,000 from ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y Neighborhood Dredging Reserves to CONSENT Beach Replenishment/AUTHORIZE E emergency beach replenishment at Cape N Henry Beach T V.K.1 TATTOO SKILLS TOO,LLC/DAM APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y NECK SQUARE,LLC CUP re a tattoo CONDITIONED,BY parlor at 1577 General Booth Boulevard CONSENT E DISTRICT 6—BEACH N T V.K.2 STEPHANIE L.WEEKES CUP re day- APPROVED/ 10—0 Y A Y Y Y Y Y Y Y Y Y care at 1205 Sydenham Court CONDITIONED,BY DISTRICT 1—CENTERVILLE CONSENT N T V.K.3 VEONCA EVANS/NHI HO CUP re APPROVED/ 10—0 Y A Y Y Y Y Y Y Y Y Y day-care at 5490 Davis Way CONDITIONED,BY DISTRICT 2—KEMPSVILLE CONSENT E N T V.K.4 PEMBROKE SQUARE ASSOC.CUP APPROVED/ 10—0 Y A YYY YVYYY Y re outdoor recreation at 4554 Virginia CONDITIONED,BY Beach Boulevard CONSENT E DISTRICT 4—BAYSIDE N T V.K.5 ASHDON BUILDERS,INC.& APPROVED,AS 9-0 A A Y Y Y Y Y Y Y Y Y ESTATE OF BERTHA H.CAFFEE/ PROFFERED/ s s ESTATE OF BERTHA H.CAFFEE, CONDITIONED T E THOMAS CLAY CAFFEE,JACKIE A N WELTON DAVIS,MARY MELISSA I• T CAFFEE-PEACOCK,JAMES M. E SMITH,SR. D COZJComprehensive Plan/Variances/ Conditional COZ/ DISTRICT 7-PRINCESS ANNE DEFERRED FROM APRIL 5,2016 i CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 5 A - ✓ H S AGENDA E H A E W ITEM 4 SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS H L W O Y LN A O O O R S 0 R EEENSNM 10 0 T R Y S E S DSNND V.K.6 TITAN MYERS DEVELOPMENT, APPROVED,AS 9-0 Y A Y Y Y Y Y Y Y Y A LLC/KHJ,LLC,BESS P.DECKER, PROFFERED s s MONICA JOHNSON,TALMADGE C. E T HUNT,SR.REVOCABLE LIVING N A TRUST T t Conditional COZ from R-7.5 to PD-H2 at E Daniel Smith Road/Connie Lane,East of D Newtown Road;Comprehensive Plan: Suburban Area re density DISTRICT 2—KEMPSVILLE V.K.7 CITY OF VIRGINIA BEACH ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y a.Ordinance to AMEND CZO Sign CONSENT Regulations: E AMEND Sections 210-218,234, N 303,403,501,504,605,705,805, T 901,905,1001,1005,1503,1533, 2210 AMEND Oceanfront Resort District Section 6.3 ADD Section 210.01 re General Regulations REPEAL Sections 211.1,212.1 and 212.2 b.Ordinance to AMEND CZO Sections 111,401,501,801,901, 1001,1110,1125,1421 and Oceanfront Resort District Section 5.2 re day-care centers/family day- care homes c.Ordinance to AMEND and REORDAIN Section 506 of the ('ZO re Roof Dormer Diagram" V.L APPOINTMENTS BOARD OF BUILDING CODE RESCHEDULED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y APPEALS—Plumbing/Mechanical CONSENSUS HEALTH SERVICES ADVISORY E BOARD N HISTORIC PRESERVATION T COMMISSION HUMAN RIGHTS COMMISSION TOWING ADVISORY BOARD ARTS and HUMANITIES COMMISSION Reappointed 4 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y 07/01/16—06/30/20 Carolyn Garrett E Martha McClees N Laura Nguyen T i CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:04/19/2016 PAGE: 6 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS H L W O Y L N A O O O R S 0 R EE EN SNM 100 T R Y S ESDSNND V.L APPOINTMENTS(CONTINUED) continued BAYFRONT ADVISORY COMMISSION Reappointed 3 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y 07/01/16—06/30/19 Joseph Bovee E Kal Kassir N T BEACHES and WATERWAYS Reappointed 3 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION 07/01/16—06/30/19 B Michael Clark Thomas Fraim N William Hearst T BIKEWAYS and TRAILS ADVISORY Reappointed 3 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y COMMITTEE 07/01/16—06/30/19 B Richard Hildreth S Daniel Koach E N Howard Kuhns T HAMPTON ROADS PLANNING Reappointed 2 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y DISTRICT COMMISSION 07/01/16-06/30/18 B Louis Jones S John Moss Amelia Ross-Hammond T John Uhrin MINORITY BUSINESS COUNCIL Reappointed 2 year teen: 10—0 Y A Y Y Y Y Y Y Y Y Y 06/01/16—05/31/18 B Linda Bright Amma Guerrier E N Francina Harrison T PLANNING COMMISSION Appointed Unexpired 10—0 Y A Y Y Y Y Y Y Y Y Y term thru 12/31/18 B David Redmond— Bayside District N T SOCIAL SERVICES BOARD Reappointed 4 year term: 10—0 Y A Y Y Y Y Y Y Y Y Y 07/01/16—06/30/20 B Martha McClees S E N T M/N/O ADJOURNMENT 6:48 PM MINUTES SUMMARY INFORMAL/FORMAL SESSION May 3 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 05/03/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOKMMS H L W O Y L N AOOOR S 0 R EEENSNM I 00 T R Y S E SD SNND I. CITY COUNCIL RECONCILIATION A. FY 2016-17 RESOURCE MANAGEMENT PLAN(Budget) 11. CITY MANAGER'S BRIEFINGS A. SPSA- Agreement David L.Hansen,City Manager B. Pending Planning Items Kevin Kemp,Planning IIUNN/ CERTIFICATION OF CLOSED V1/V11 SESSION CERTIFIED BY 11 0 Y Y Y Y Y Y Y Y Y Y Y A-F CONSENT G/1 PUBLIC HEARINGS 1. EXCESS CITY PROPERTY— NO SPEAKERS Interfacility Traffic Area Conveyance of Restrictive Easements: 2285 Landstown Road 3521 Indian River Road 2356 Salem Road 3685 Indian River Road 2. LEASE OF CITY-OWNED NO SPEAKERS PROPERTY: 3rd Street/Atlantic Avenue 3. PURCHASE AGREEMENT FOR NO SPEAKERS THE ACQUISITION OF ARP: 1620 Princess Anne Road 4. FRANCHISE OF CITY PROPERTY NO SPEAKERS Lifeguard Stands/Storage Boxes H/I Ordinance to AMEND Section 1-3 of the ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y Stormwater Management Ordinance re CONSENT definition of"Agreement in Lieu of a Storm Water Management Plan" 2 Ordinance to AMEND the Town Center ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Special Service District Fund to ADD CONSENT Parking/Open Air Café Franchise Revenues I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O D S DATE 05/03/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y L N A O O O R S 0 R EE EN SNM 100 T R Y S E S DSNND 3 25th Street/Boardwalk: a. Ordinance to AUTHORIZE an ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Agreement with the Intruder CONSENT Association/Hampton Roads Squadron,Association of Naval Aviation,Inc.,re construction/dedication/maintenance of the Intruder Tribute Monument b. Resolution to DEFINE the area of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Norwegian Lady Plaza CONSENT 4 Ordinance to AUTHORIZE to ADOPTED,BY 11 0 Y Y Y Y Y Y Y Y Y Y Y execute/extend the Encroachment CONSENT Partnering Agreement with the Department of the Navy re acquisition of properties surrounding Naval Air Station Oceana(NAS) 5 Ordinance to DECLARE restrictive ADOPTED,BY i t—0 Y Y Y Y Y Y Y Y Y Y Y easements over City-owned properties in CONSENT the ITA to be EXCESS property/AUTHORIZE City Manager to convey the properties to the USA Department of the Navy 6 Resolution to AUTHORIZE/DIRECT ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y City Manager to designate the City CONSENT Employees responsible for the administration and enforcement of the Sign Regulations set forth in Chapters 3/33 of the City Code(Requested by Councilman Moss) 7 Resolution to AUTHORIZE/DIRECT ADOPTED,BY l 1—0 Y Y Y Y Y Y Y Y Y Y Y the Beaches and Waterways Commission CONSENT to ADD to its study of Event House Rentals,the impact of housing rentals booked through Airbnb/peer-to-peer rentals/OBTAIN input from members of other Boards/Commissions;and,report findings to City Council 8 Resolutions to AUTHORIZE re Water/ Sewer Bonds: a. Refunding Bonds,Series of 2016, ADOPTED,BY 11-0 Y YY Y Y Y Y Y Y YY not to exceed$105-Million CONSENT b. Eleventh Supplemental Master ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Water/Sewer Revenue Bond CONSENT Resolution of February 11,1992 9 Ordinance to AUTHORIZE lease for the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y next four Summers for parking with the CONSENT Dolphin Run Condominium Association,Inc.at 3`d Street/Atlantic Avenue I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 05/03/2016 PAGE: 3 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMM S H L W O YLN A O O O R S 0 R EEENSNM 100 T R Y S E SDSNND Ordinance to AUTHORIZE acquisition 10 of an Agricultural Land Preservation ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y easement at 1620 Princess Anne Road CONSENT owned by 1907,LLC (DISTRICT 7—PRINCESS ANNE) 11 Ordinances to GRANT Franchise Agreements: a. Strategic Art Solutions,LLC re ADOPTED,BY 11—0 Y YY Y Y Y Y Y Y YY decoration of Lifeguard CONSENT Stands/Storage Boxes in the Resort and other areas b. Old Beach Farmers Market/Eco ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Maniac Company,Inc./Old Beach CONSENT Art Market re:Open Air Markets in the public r-o-w at 600 19th Street 12 Ordinance to TRANSFER$1,809,133 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y within the School Operating Budget/ CONSENT Green Run Collegiate Charter School Fund • $ 32,000 from Instruction to Administration • $145,000 from Instruction to Transportation • $ 1,500 from Instruction to Operations/Maintenance • $742,244 from Instruction to Techonology • $ 3,750 from Administration to Technology • $ 51,584 from Transportation to Operations/Maintenance • $ 25,000 from Operations/Maintenance to Instruction • $759,958 from Operations/Maintenance to Technology • $ 21,461 from Technology to Instruction • $ 8,636 from Technology to Operations/Maintenance • $ 18,000 from Green Run Collegiate Fund—Instruction to Technology J. APPOINTMENTS: RESCHEDULED B Y CONS ENS U S BUILDING CODE BOARD OF APPEALS—Plumbing& Mechanical HISTORIC PRESERVATION COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 05/03/2016 • PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOKMMS H LW O Y L N A O O O R S 0 R E E ENS NM 1 00 T R Y S E S DSNND BEACHES and WATERWAYS Redesignate Member 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION Representation Michael Clark—At Large Kenneth Jobe—At Large Christopher Jacobs-At Large Thomas Fraim-Princess Anne William Hearst— Bayside Appointed—Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y Thru 6/30/17+3 Yr. Term 7/1/17-6/30/20 Michael W.Anderson— Kempsville BIKEWAYS and TRAILS ADVISORY Appointed as Parks 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE and Recreation Liaison —No Term Hugh Tiemey HEALTH SERVICES ADVISORY Appointed 3 Yr.Term 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD 4/1/16-3/31/19 Bruce Williams MINORITY BUSINESS COUNCIL Reappointed 2 Yr. 11-0 Y Y Y Y Y Y Y Y Y Y Y Term 6/1/16-5/31/18 Carla Bailey K/L/M ADJOURNMENT 6:11 PM PUBLIC COMMENT 3 Speakers 6:12—6:21 PM MINUTES SUMMARY SPECIAL FORMAL SESSION May 10 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:05/10/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H L W O Y L N A O O O R S 0 R E E ENSNM I 00 T R Y S E SDSNND I.A-E.1 Resolution to conditionally ADOPTED 9-2 Y Y Y Y Y N Y Y Y N Y AUTHORIZE/DIRECT City Manager to execute a Use/Support Agreement between the City and SPSA I.E.2.a.i Ordinances/Resolutions re: ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y FY 2016-2017 RESOURCE MANAGEMENT PLAN BUDGET FY 2016-2017 Operating Budget: APPROPRIATE for FY 2016- 2017,$1,914,914,786 for Operations I.E.2.a.ii ESTABLISH Tax Levy of $0.99 on ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Real Estate for FY 2017 I.E.2.a.iii ESTABLISH Tax Levy of$4.00 on ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Personal Property/Machinery/Tools for Calendar Year 2017 I.E.2.a.iv DECLARE$8-Million as SURPLUS ADOPTED 10-1 YY Y Y Y N Y Y Y Y Y within Sandbridge Tax Increment Financing District re beach/shoreline restoration/management I.E.2.a.v CERTIFY member contributions to ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y VRS I.E.2.a.vi IMPLEMENT 2017 Employee/ ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Retiree Health Insurance I.E.2.a.vii AUTHORIZE City Manager to ADOPTED 10—1 Y Y Y Y Y N Y Y Y Y Y submit an Annual Funding Plan to THUD I.E.2.a.viii INCREASE Solid Waste ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Management Fee I.E.2.a.ix AMEND the City Code to RENAME ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Museums/Cultural Affairs to Department of Aquarium/Historic 'louses CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:05/10/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H LW O Y LN A O O O R S 0 R EE EN S NM 1 00 T R Y S E S DS NND LE.2.a.x AMEND the City Code to increase the ADOPTED 10-1 YY Y Y Y N Y Y Y Y Y Permit Fee for Pawn/Secondhand Permits I.E.2.a.xi AMEND budgeting/accounting of ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Sandbridge Transient Occupancy Tax Revenue LE.2.a.xii AMEND the City Code re ADOPTED 10-1 Y Y Y Y Y N YYYY Y construction/maintenance/renovation of Virginia Beach Courthouse I.E.2.b.i FY 2016-2017 Capital Budget ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y AUTHORIZE CIP/ APPROPRIATE$303,623,053 I.E.2.b.ii AUTHORIZE issuance of G.O. ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y Bonds in maximum of$74.3-Million I.E.2.b.iii AUTHORIZE issuance of Storm ADOPTED 10—1 Y Y Y Y Y N Y Y Y Y Y Water Utility System Revenue Bonds in maximum of$15,977,102 I.E.2.b.iv REALIGN revenues of Roadways of ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y the CIP I.E.2.c.i Councilman John Moss'Alternate LOST TO LACK OF Proposal SECOND FY 2016-2017 Operating Budget: APPROPRIATE for FY 2016-2017, $1,902,280,746 for Operations I.E.2.c.ii ESTABLISH Tax Levy of$0.967 on LOST TO LACK OF Real Estate for FY 2017 SECOND I.E.2.c.iii ESTABLISH Tax Levy of$4.00 on LOST TO LACK OF Personal Property/Machinery/Tools SECOND for Calendar Year 2017 (Incorporates other Ordinances and Resolutions by reference from the Mayor's and Vice Mayor's Reconciled Proposal: E.2.a.iv through E.2.a.xii and E.2.b.i through E.2.b.iv) I.F ADJOURNMENT 6:49 PM